Estero Product Liability Lawyer
Defective product claims are extremely complex. There is no guarantee that a victim will have a day in court. Victims infected with defective product-related injuries, such as cancer caused by a dangerous drug, often show no signs of illness for decades. By the time a doctor diagnoses their injuries, the two-year statute of limitations in an injury case has long passed. Compensation is still available in such cases. The matters are simply more complex.
The determined Estero product liability lawyer at Cardinal Law knows what it takes to not only get a case into court, but also obtain maximum compensation for your serious injuries. This compensation normally includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are usually available in defective product claims as well. Usually, money is the only language that large companies speak. Only an eye-popping punitive damages award forces them to reconsider their approach and put people before profits.
Building a Case
The victim/plaintiff has the burden of proof in a defective product case. Medical bills are a key component of the necessary evidence. Expert witness testimony is even more important. In fact, many judges don’t allow defective product cases to go to court unless the victim/plaintiff has at least one well-qualified expert witness.
Defective products usually involve design defects or manufacturing defects. MoM (Metal-on Metal) hip implants are a good example of both.
Many of these gadgets were defectively designed. In many cases, the all-metal hip implant parts grind together, releasing metal fibers into the body that cause metallosis (metal poisoning). Other hip implant manufacturers used cheap imported parts that had high levels of cadmium and other dangerous heavy metals.
The medical records are often straightforward, although some illnesses, like cancer, are hard to diagnose.
Expert testimony is another matter. That’s especially true since the Florida Supreme Court recently raised the bar in terms of expert witness qualifications. Under the old standard, jurors usually decided whether an expert was credible. Today, experts are only allowed to testify in court if they use a technique or theory that:
- Can be, and has been, tested,
- Has been subjected to publication and peer review,
- Is generally accepted within a relevant scientific community,
- Has a low error rate, and
- Is well-controlled or standardized.
Expert witnesses in defective product claims usually include industry insiders and non-treating physicians.
Industry insiders testify as to the standard of care and point out how the defendant’s design or manufacturing methods fell below that standard of care. Medical experts testify that the treatment the victim received was reasonably necessary.
These experts must be well-qualified individuals who can connect with jurors without lecturing them. Defendants always rely on “experts” who insist that the world’s most dangerous products are as safe as mother’s milk. So, winning the credibility battle is critical.
How an Estero Product Liability Lawyer Resolves a Case
Most defective product injury claims settle out of court. Since these claims are so complex, they usually do not settle until mediation.
Usually during a single marathon negotiating session, a third-party mediator, who is usually an unaffiliated Estero defective product liability attorney, ensures that both sides negotiate in good faith. “My way or the highway” is not a good-faith negotiating position. No posturing is allowed during mediation. Instead, both sides must work toward a compromise.
Mostly because of the duty to negotiate in good faith, civil mediation is about 90 percent successful in Lee County.
Count on a Thorough Lee County Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with an experienced defective product injury lawyer in Estero, contact Cardinal Law, P.A. The sooner you reach out to us, the sooner we start working for you.