Defective Products Lawyer in Charleston, IL.

Defective Products Lawyer in Charleston, IL. If you or a loved one sustained an injury because of a faulty product, call a Burger Law defective products lawyer in Charleston, IL today at (312) 500-HURT or contact us online to talk about you case at no cost .

Today, products surround us in our homes, our places of work, our cars and everywhere. From household appliances to vehicles, make-up, prescription medication, medical devices, household appliances and more, there’s so surrounding us that has gone through various stages of design and production before it reaches the shelves. That’s why everyone who takes part in distributing a product, from initial conception to the vendor who sells it, has an obligation to make sure you are not put at risk by a hazardous product. We all have a right to not have our lives turned upside down because proper safety protocols were not followed. When a manufacturer or vendor breaks the rules and you wind up injured, the Charleston, IL defective products lawyer at Burger Law will help you get maximum compensation for your injuries.

At Burger Law, our defective products lawyer team in Charleston, IL has been seeking and delivering justice for over 30 years and has secured the injured in Illinois over $170 million in verdicts and settlements. We know that an injury from a defective product is a sudden hardship and can leave you confused and angry. We set the highest expectations for ourselves and work tirelessly to get our clients in Charleston and throughout Illinois the best possible financial recovery they are owed. In doing so, your Burger Law defective products lawyer will help you feel like your life is back on track. Contact us immediately at (312) 500-HURT to take the first step in securing maximum compensation for your or your loved one’s injuries.

If you were harmed by a dangerous product in Charleston, IL, learn the true value of your claim by utilizing our free personal injury calculator.

Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Charleston, IL:

• FDA Recall List and Safety Alerts
• Consumer Products Safety Commission Recall List
• U.S. Department of Transportation Motor Vehicle Recall List
• Recalls.Gov
• What to Do if You’re Injured by a Dangerous Product?
• Can I Sue a Company if Their Product Gave Me Cancer?
• Can I Sue for a Defective Car Part if it Caused My Accident?

How Common Are Defective Products in Charleston, IL?

The Consumer Product Safety Commission has found that defective products cause more than 29 million injuries and 21,000 deaths every year.

Based on data from the Insurance Information Institute, in 2019 the mean average that people injured by dangerous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the unbelievable destruction that can be caused when manufacturers and distributors do not adhere to the rules.

Strict Liability and Negligence in Defective Products Claims: What’s the Difference?

Most personal injury cases in Charleston, IL are decided by the idea of negligence. We all owe each other a duty of care in certain situations; for example, drivers must drive in a way that’s safe for other people on the Charleston, IL roads. When someone is negligent, for instance if sustain an injury because you were hit by a distracted driver they can be found accountable for your damages and would owe you compensation.

However, most product liability or hazardous products cases are strict liability claims, meaning that anyone in the chain of distribution is at fault for any injuries that results the reasonable use of a product, whether they were negligent or not. According to Illinois Jury Instructions 400.00, any product sold in the United States must be “reasonably suitable for use as such accompanies it into the hands of the ultimate purchaser.” To win a strict liability case, you and your Charleston, IL defective products lawyer have to prove that the product was “unreasonably dangerous” — meaning it is unsafe when used in a foreseeable way — when it left the manufacturer’s or distributor’s control.

Illinois classifies three different ways in which a product can be found defective:

1. Design Defect: A design defect is an inherent fault in the design that afterwards affects all of that product model that go on to be manufactured. An example is an electrical appliance that can overheat and cause fires.
2. Manufacturing Defects: A product can be designed effectively and safely but still become hazardous because of mistakes in the manufacturing process. This can either only make one product hazardous, for example, one can of soda may have a bug in it, or all of them may contain potentially hazardous chemicals. An example could be bugs or other contaminants found in beverages or a tainted batch of something intended for drinking containing a poisonous substance.
3. Failure to Warn of Known Dangers or Risks That Should Have Been Foreseen: This occurs when the product was not hazardous through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a hazard that could arise from normal use of the product. Examples include failing to warn that a hairdryer might cause an electric shock if it comes in contact with water or cleaning solutions that do not mention corrosive chemicals they contain on the label. A manufacturer typically does not have to warn against obvious dangers. For instance, they do not have to warn you that a match could start a fire.

Strict liability is meant to incentivize corporations to implement thorough safety protocols for ensuring the safety of their products. Even so, too often companies do not value our safety and spend more energy on their bottoms line than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Charleston, IL will hold them responsible by conducting a full investigation of your case and demanding only the best possible compensation.

Foreseeability in Defective Products Claims in Charleston, IL

Foreseeability is an important concept in product liability cases, and it is relevant to everyone involved. The manufacturer must account for all the ways someone could reasonably use the product, while you would not have a very good case if you used the product in a way they manufacturer could not predict a rational person using it. For example, you you would not have a very good case if you were using a power tool recklessly.

What a Defective Products Lawyer in Charleston, IL Can Do For You

Hazardous product cases can be tricky, due to how many parties may be involved, the fact that each will endeavor to shift guilt onto the others and the fact that the companies that made the product usually have the resources to hire expensive and high-profile legal defense teams. At Burger Law, our defective products lawyer team prides itself on giving the highest level of legal advocacy to the injured in Charleston and throughout Illinois, regardless of a client’s financial status. We have instilled fear into powerful corporations and insurance companies because they know we take on and win the tough cases, and tackle each case with the same level of resolve, commitment and expertise.

Your Burger Law defective products lawyer in Charleston, IL start working on your case immediately after you hire them. As your legal representative, we will:

• Investigate every aspect of your case, including the background of the product that hurt you and all parties involved in its manufacture and distribution
• Work with with experts in a relevant field to find the defect that caused your injuries and how it occurred
• Oversee all documentation, investigation, negotiation and litigation while you heal
• Keep you up-to-date on the status of your lawsuit, so you are kept in the loop and will be able to do what is best for yourself and your Charleston, IL family
• Use our considerable negotiation skills to get you a great settlement offer so you do not have to go through a drawn-out trial
• Use our 30 years of trial experience to fight on your behalf in front of a jury if that is the only way to get you the compensation you are owed

Every Burger Law defective products lawyer in Charleston, IL spends a lot of time working on their trial skills and developing new strategies to push back against the deceptive ploys insurance adjusters employ to devalue your claim. You only have one chance at getting the compensation you deserve; don’t let it slip. Call Burger Law now at (312) 500-HURT.

Product liability cases can also lead to class action lawsuits, which are suits where a collective group of people join together to seek justice and compensation against the same defendant. When you hire a defective products lawyer, you may that there are others who were hurt by the same product. Recently, Burger Law delivered a $113.7 million verdict in a class-action claim.

Who Is to Blame For My Defective Products Injuries in Charleston, IL?

In most cases, anyone involved from the initial design to the product hitting the market may be held accountable. Illinois has what is referred to as the “Distributor’s Statute” (735 ILCS 5/2-621), which states that, as long as the company or corporation that made the product still exists, can be found and can afford to reimburse you for your injuries, a vendor or distributor may seek to remove themselves from a lawsuit. This is in place so that parties who had no way of knowing of a possible defect are not held responsible for something that happened before they ever received the product. However, your defective products lawyer can make an argument in court to include the vendor if they can prove that:

• The distributor was in “significant control” of the design or manufacture of the product;
• The distributor was aware of the product’s flaw; or
• The distributor was the party responsible for the defect

Under 735 ILCS 5/2-1117, Illinois is a joint and several liability state. This means that when multiple parties are to blame, they are liable as a group (jointly) and as individuals (severally). So, if one of the defendants cannot afford to compensate you fully or has policy limits, there will be other parties who are required to make up the difference. An accomplished and skilled Charleston, IL defective products lawyer like those at Burger Law will fight hard to ensure that each and every liable party to ensure that they are held to blame and you secure the full financial recovery that they owe you.

What Do I Have to Prove in a Defective Products Claim in Charleston, IL?

You and your Charleston, IL defective products lawyer will have to will have to convince the court of the following four factors:

1. You and your defective products lawyer must show that the dangerous product resulted in some form of loss for you, for instance medical bills, lost wages and pain and suffering. If a malfunctioning toaster catches on fire, you would only have a defective products claim if it caused burns and/or property damage.
2. You and your defective products lawyer must demonstrate that the company or corporation you are making a claim against did not create a safe product or did not sufficiently warn of known or foreseeable dangers.
3. You and your defective products lawyer must prove that the design, manufacture or insufficient labeling was the proximate cause in your accident. If your car had faulty brakes and you were injured in a motor vehicle accident, you would only have a product liability case if the cause of the accident was your brakes not working correctly. If the cause of the collision was a distracted driver who ran a red light, you would be able to sue the driver, but not the car manufacturer.
4. Lastly, you and your defective products lawyer must show that you were using the product as intended. If you followed the directions of applying a beauty product and still sustained an injury, you very well might have a claim. If you were injured while riding on top of a car with defective airbags, you would not have a claim as the airbags were not the cause of your injuries and the reasonable use of a car is riding inside of it, not on top of it.

Your Burger law defective products lawyer in Charleston, IL has been taking on and proving defective products claims for over 30 years and always gets great compensation for their clients.

Common Defective Products in Charleston, IL

There are so many different varieties of industries that we interact with on a daily or semi-regular basis, and any product that is not safely designed, tested, manufactured and distributed could cause serious injuries. Three of the most common and deadly claims we see are:

Defective Vehicle Parts Lawyer in Charleston, IL

Our defective products lawyer team sees in Charleston, IL sees more defective vehicles than any other product, both because of their ubiquity and because of how many components are involved. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in wrecks and fires, and lead to further injuries when the safety components to not function as they should. Common dangerous automobile parts we see are:

• Brakes
• Airbags
• Ignitions
• Windshield wipers
• Tires
• Steering systems
• Headlights and taillights

Offroad vehicles like ATVs can also cause injuries, for instance if a design defect gives them a heightened propensity to rolling over.

Defective Medical Devices Lawyer in Charleston, IL

We need medical devices to enhance and extend our lives. But, sometimes they can do the opposite and cause us further complications when they are defective. Common medical devices that your Burger Law defective products lawyer in Charleston, IL has seen cause further complications for patients include:

• Artificial hips, knees or other joints that can lead to infections, limited mobility, chronic soreness or frequent dislocations
• Pacemakers, which can result in infections or even wrongful death because of premature failures
• Robotic surgical assistants intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when faulty, can result in pierced organs, infections and internal burns
• Blood clot filters that permit dislodged blood clots to slip into the lungs
• Permanent birth control devices that can perforate organs, result in pain in the pelvic region, abnormal hemorrhaging and unwanted pregnancies

As the medical industry keeps implementing new technologies, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the foremost factor.

In 2017, the U.S. Health and Human Services Department found that over the span of 10 years Medicare paid out at least $1.5 billion to replace in excess of 73,000 flawed heart devices alone. Medical devices should help alleviate pain and lengthen our lifespans, not cause further damage. If a defective medical device ended up worsening your condition, your Charleston, IL defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

Earlier this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were improperly packaged and shipped, causing them to do not last nearly as long as they were built to and have caused unthinkable pain and lifelong damage to potentially as many as 150,000 people who were depending on the replacement joint to ease their pain. When Burger Law was made aware of the defect by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can read the complaint we filed for our first client by clicking the button below:

VIEW COMPLAINT

Defective Drug Lawyer in Charleston, IL

The Federal Drug Administration has firm procedures for the testing, labeling, packaging and shipping of prescription drugs. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the market. With no absolute independent testing many prescriptions reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies value their bottom line over the safety of the people who need medicine and treatments that truly help their condition. Currently, it is usually the pharmaceutical company’s decision if they will recall a drug that has found to have dangerous side effects. One way to make sure dangerous prescriptions stay off the shelves: call a Burger Law defective products lawyer in Charleston, IL to stand up for the vulnerable and let these corporations know that their behavior is intolerable.

Four thousand five hundred medications and medical devices are recalled in the U.S. annually, and that is often after many people have already turned to them for treatment and relief. If you or someone you love sustained injuries because of careless pharmaceutical companies and manufacturers, reach out to a Burger Law defective products injury lawyer now. We protect the rights of the injured and vulnerable and make sure negligent corporations know how much damage has been inflicted because of their actions. Burger Law has already successfully won claims for families against opioid manufacturers so they can have some sense of peace for the wrongful death of their loved one.

Other examples of dangerous products we see in Charleston, IL include:

• Children’s toys
• Chemicals such as week killer
• Baby powder
• Household appliances
• Industrial machinery
• Cell phone batteries
• Beauty products

What Compensation Can My Defective Products Lawyer in Charleston, IL Help Me Recover?

In dangerous products claims, you are legally owed economic damages, noneconomic damages and, rarely, punitive damages. The amount of compensation you receive is based on the severity of your injuries, how they have affected you financially, mentally and physically and the determination of your defective products lawyer in Charleston, IL.

Economic Damages

Economic damages compensate you for the economic aspects of your injuries, and include all of the money you spent or lost because of the defective product. Examples of economic damages your Charleston, IL defective products lawyer will help you receive are:

• Lost wages
• Lost or Reduced earning potential if your injuries resulted in permanent disability
• Medical bills, such as:
  • Urgent care
  • Operations
  • Doctors appointments
  • Physical rehabilitation
  • Prescriptions
  • In-home care
  • Assistive devices such as crutches or vehicle modifications
• Transportation fees

Noneconomic Damages

Noneconomic damages are less tangible, and are meant to compensate you for the physical and emotional pain your injuries cause. According to 735 ILCS 5/ §2-1115.2, the state of Illinois defines noneconomic damages as:

• Pain and suffering
• Disability
• Disfigurement
• Loss of consortium
• Loss of society

Punitive Damages

Punitive damages seek to punish the responsible company for egregious misconduct and to deter future misconduct. In product liability claims in Illinois, your defective products lawyer must seek punitive damages in a pre-trial motion in a court hearing where they demonstrate that they are likely to be successful in obtaining them. The motion must be filed no later than 30 days after the original complaint.

CALL BURGER LAW NOW

Charleston, IL Defective Products Lawyer | Burger Law

We know the thought of going up against powerful insurance companies or pharmaceutical companies can be anxiety-inducing in and of itself, in addition to the stress caused by your injuries. It seems like the larger and more powerful a corporation, the more impossible it is to hold them accountable. But Burger Law will make sure they do not avoid the consequences of their actions. We have spent decades standing up to bullies like resistant insurance companies and delivering justice to the vulnerable in Charleston, IL. We fight until there is nothing left to fight and the final verdict or settlement sees you fully compensated and whole again. Consulting with a Burger Law defective products lawyer is free, and we charge no attorneys fees until we win your case. To take the first step in getting justice for your injuries, call a Burger Law defective products lawyer in Charleston, IL immediately at (312) 500-HURT or fill out our online form.

Client Reviews

What our clients are saying about us

Juanita Matthews

Year of 2023

This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!

Shaunda S.

7 months ago

I am very happy with the staff at Burger Law. I mostly worked with Michael Sheldon, and he did an amazing job. I trusted him completely with my case, and he did not disappoint. I would definitely recommend this team if your ever in need of good attorneys.

Emelia M.

3 months ago

Burger Law Firm is fantastic. Laura and Genevieve were so amazing and helpful throughout the entire process. They helped me with my personal injury case every step of the way and succeeded at getting me the results I desired.

Helen L.

a year ago

We had a great experience with Burger Law for representing us after a serious car accident. Truly impressed by how professional and supportive the entire team is. And, many thanks to Genavieve and Laura – you are amazing!

Judy M.

a year ago

They did an amazing job on my case! Communication with them was great!!! Kept me informed and in the loop with everything that was going on!!! Will definitely be the 1st ones I’ll call if ever I’m in another accident!!! Thank you very much!!!

Chelsea C.

5 months ago

Let me tell you something about Burger Law.. they are so attentive and kind. Jennifer is my savior!! I love the whole team!!! They are truly a miracle team!! I appreciate their business and would recommend it to others.

David D.

2 months ago

Absolutely the best law firm in the St. Louis area. No matter the size of your case you are treated as if you are the only client on the roster. Will explain anything thoroughly and they work around your availability. Very impressed and appreciative of the service.

Lisa B.

11 months ago

Gary and Casey took great care of me for 2.5 years as my lawsuit was finally settled. I feel he helped me achieve justice for me and my 4 children after their father died from medical malpractice and neglect. Thanks to Gary, my kids now have a great start to their college and adult lives. Thank you Gary and Casey, for fighting for us so hard at our most trying and difficult time in our lives thus far. Love and God bless from my family to yours!

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