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(314) 500-HURTIf you or a loved one were hurt due to a faulty product, call a Burger Law defective products lawyer in Shorewood, IL immediately at (314) 500-HURT or contact us online for a no-cost, no-obligation consultation .
In the contemporary world, products surround us in our homes, our places of work, our cars and everywhere. From household appliances to vehicles, beauty products, prescription drugs, medical technology, industrial equipment and beyond, there’s so around us that has at one point been thought up, designed, manufactured, distributed and sold. That’s why everyone who takes part in distributing a product, from initial conception to the vendor who sells it, has a duty to make sure you are not put in unreasonable danger by a faulty product. We all have a right to not have our lives turned upside down because of other people’s or corporations’ negligence. When someone else breaks the rules and you end up injured, the Shorewood, IL defective products lawyer at Burger Law will fight on your behalf until you get full compensation for all of your damages.
If you were hurt by a faulty product in Shorewood, IL, discover how much your claim may be worth by using our complimentary personal injury calculator.
The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Shorewood, IL:
The Consumer Product Safety Commission estimates that faulty products account for in excess of 29 million injuries and 21,000 deaths every year.
Based on facts from the Insurance Information Institute, in 2019 the mean average that juries awarded plaintiffs in product liability claims was over $7 million, while the median was $2 million. That speaks to the extreme devastation an unsafe product can cause.
The majority of personal injury suits in Shorewood, IL are determined by the idea of negligence. We all have a civil duty to not recklessly cause injuries to other people in certain situations; for example, doctors must treat their Shorewood, IL patients with a standard of care. When someone is negligent, for instance if sustain an injury because you were hit by a distracted driver they might be held accountable for your damages and would be obligated to reimburse you for your injuries and other damages.
However, most product liability or hazardous products cases are strict liability claims, meaning that anyone in the chain of distribution is accountable for any damage a product causes, whether they were negligent or not. Pursuant to Illinois Jury Instructions 400.00, any product sold on the market should be “reasonably suitable for use as such accompanies it into the hands of the ultimate purchaser.” To make a successful strict liability claim, you and your Shorewood, IL defective products lawyer have to persuade an insurance adjuster or jury that the product was “unreasonably dangerous” — meaning it is unsafe when used as intended — when it left the manufacturer’s or distributor’s control.
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Strict liability is intended to encourage corporations to implement comprehensive safety protocols for guaranteeing the safety of their products. Even so, too often corporations are negligent and spend more energy on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Shorewood, IL will fight on your behalf and demand only the maximum financial recovery.
Foreseeability is an important concept in product liability cases, and it is relevant to both you, the plaintiff, and a manufacturer or distributor, the defendant. The manufacturer must anticipate all the ways someone could logically use the product, while in order to make a claim you must not have been using the product in a way they manufacturer could not account for a logical consumer using it. For example, you likely do not have a claim if you were using a power tool recklessly.
Product liability suits can be demanding, the sheer number of parties you can name in the lawsuit, the fact that each will strive to shift liability onto the others and the fact that manufacturers and large corporations often spend large amounts of money on legal defense teams. With Burger Law, you do not have to have a lot of money to hire an veteran and skilled defective products lawyer that consistently gets great results in complex cases. We charge no upfront fees, and only take a moderate percentage of your final settlement or verdict. Those large corporations and insurance companies fear us because they know we do not give up on the tough cases, and treat each client with the same level of determination, dedication and prowess.
Your Burger Law defective products lawyer in Shorewood, IL get to work on on your case immediately after you hire them. As your legal counsel, we will:
Every Burger Law defective products lawyer in Shorewood, IL spends a lot of time working on their trial abilities and looking for new ways to fight back against the deceptive ploys insurance adjusters use to minimize your damages. You only have one opportunity to get the financial recovery you are owed; don’t let it slip. Call Burger Law now at (314) 500-HURT.
Product liability suits also present an opportunity for a class action lawsuit, which are suits where many different people make a claim for the same injury against the same manufacturer or distributor. When you seek out a defective products lawyer, you may that there are others who were affected by the same product. Recently, Burger Law won a $113.7 million verdict in a class-action suit.
Typically, anyone involved from the initial design to the product reaching the buyer may be found responsible. Illinois has what is called the “Distributor’s Statute” (735 ILCS 5/2-621), which allows for a distributor or vendor to be dismissed from a lawsuit only if the manufacturer can be found, still exists as a company and is able to pay for your compensation. This is in place so that parties who had no way of knowing of a possible defect are not held to blame for something that happened before the product ever reached their hands. However, your defective products lawyer can file a motion to include the vendor if they can prove that:
Under 735 ILCS 5/2-1117, Illinois allows for joint and several liability. This means that every defendant is both responsible for themselves and the damage that other defendants caused. So, if for some reason one defendant cannot reimburse you for their percentage of blame, the other liable defendants are obligated to make up the difference. An experienced and talented Shorewood, IL defective products lawyer like those at Burger Law will fight hard so that you get every dime you deserve and that no one to blame for your injuries avoids taking responsibility.
You and your Shorewood, IL defective products lawyer will have to will have to effectively argue the following four factors:
Your Burger law defective products lawyer in Shorewood, IL has experience taking on and winning all three categories of product liability claims, proving the above four aspects and getting great results for their clients.
There are so many different kinds of industries in the world, and any product that is not adequately designed, tested, manufactured and distributed could cause severe injuries. Three of the most common and deadly claims we see are:
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Shorewood, IL. In 2019 alone, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in collisions and fires, and lead to further injuries when the safety components to not work as they should. Common defective car components we see are:
Offroad vehicles like 4-wheelers can also cause damage, for instance if a design defect gives them a heightened propensity to rolling over.
We trust medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us even more injuries when they are defective. Common medical devices that your Burger Law defective products lawyer in Shorewood, IL has seen cause further injuries to patients are:
As the medical industry becomes more technologically advanced, the amount of recalls issued for medical devices has soared. In the first quarter of 2018, medical device recalls increased 126 percent, mostly as a result of issues with software.
In 2017, the U.S. Health and Human Services Department stated that over the span of 10 years Medicare paid out at least $1.5 billion to replace over 73,000 flawed heart devices alone. Medical devices should help mitigate pain and lengthen our lifespans, not cause further damage. If a faulty medical device ended up aggravating your condition, your Shorewood, IL defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.
Earlier this year, Exactech, a manufacturer of joint replacements, had to recall several models of their Polyethylene Knee Replacements. Because of mistakes in their packaging and shipping process, the replacements do not last nearly as long as they were built to and have caused unthinkable pain and permanent damage to possibly as many as 150,000 patients who had the replacement joint implanted. When Burger Law was contacted by a client, we immediately got to work bringing them what peace of mind we could and are taking on more Exactech Knee Replacement cases to this day. You can read our original complaint here:
The Federal Drug Administration has strict procedures that pharmaceutical companies must adhere to from manufacturing to sale. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the shelves. That means that many drugs 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 they are supposed to be helping. Currently, recalling a drug is largely voluntary. One way to make sure dangerous prescriptions stay off the shelves: call a Burger Law defective products lawyer in Shorewood, IL to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.
Hundreds of thousands of medications and medical devices are recalled in the U.S. each year, 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 irresponsible pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer immediately. We fight hard to see justice restored by securing you compensation and holding negligent corporations accountable. Burger Law has already held opioid manufacturers accountable when their actions have taken someone from this world too soon.
Other examples of dangerous products we see in Shorewood, IL include:
In defective products claims, you are legally owed economic damages, noneconomic damages and, in some rare cases, punitive damages. The amount of compensation you get is based on the extent of your injuries, the financial, mental and physical impact they have had for you and the determination of your defective products lawyer in Shorewood, IL.
Economic damages have clear monetary value, and include all of the money you spent or lost because of your accident. Examples of economic damages your Shorewood, IL defective products lawyer will help you recover are:
Noneconomic damages are not as easy to calculate, and are meant to compensate you for the physical and emotional pain you experience from your accident. According to 735 ILCS 5/ §2-1115.2, the state of Illinois states that noneconomic loss is, without limitation:
Punitive damages seek to punish the responsible company for gross misconduct and to deter future misconduct. In product liability claims in Illinois, your defective products lawyer can only seek punitive damages if they make a pre-trial motion in a court hearing where they demonstrate that gross misconduct probably occurred. The motion must be filed no later than 30 days after the original complaint.
We offer free consultations and are available 24/7 to take your call. Live chat, text, and virtual meetings are available.
CALL BURGER LAW NOW
We know the thought of going up against powerful insurance companies or pharmaceutical companies can be intimidating. 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 Shorewood, IL. We do not rest until you are fully compensated for your injuries. Talking to a Burger Law defective products lawyer does not cost anything, and you only pay us when we achieve a successful resolution in your case. To start on the road to truly recovery, call a Burger Law defective products lawyer in Shorewood, IL now at (314) 500-HURT or fill out our online form.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Gary Burger who has more than 30 years of legal experience as a practicing personal injury trial attorney. Gary’s robust legal knowledge is recognized by his peers as demonstrated by his industry awards and frequent Continuing Legal Education (CLE) lectures.
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