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What to Do When You Are Injured By a Defective Product

Posted in Personal Injury News

The average person comes into contact with thousands of consumer products every day. If a product contains a design, manufacturing or marketing defect, it could cause serious injuries or even death. If you get injured by a defective product in New Mexico, learn what steps to take to protect yourself physically, legally and financially.

Get Medical Care Immediately

Do not delay in going to a hospital or emergency room for medical care to treat your injuries. waiting too long could exacerbate your injuries and make it more difficult to qualify for financial compensation from an insurance company later. Insurers check to see how long it took for a claimant to receive medical treatment. A delay of even a few days could give the insurance carrier a reason to reject your claim, such as allegations that you contributed to injury severity by waiting to see a doctor.

Follow Your Doctor’s Treatment Plan

It is also important to abide by the treatment plan or recommendations given to you by your doctor. This may include attending follow-up appointments, seeing a specialist, taking medications, or going through therapy and rehabilitation. An insurance company needs to see that you did your part in mitigating your damages.

Keep the Defective Product

Do not throw away the defective product that injured you or any of its original packaging. During a product liability claim in Albuquerque , you or your attorney will need to prove that the item contained a defect. There are three types of product defects: design, manufacturing and marketing. If the item contained one of these issues and caused your injury, you may be eligible for financial compensation. Proving a defect requires the actual item so that it can be analyzed and inspected.

Document Everything You Can

A product liability claim is built on compelling evidence and documentation. If you get injured by a defective product, document everything you can about the incident. Write down a detailed description of events while you can still clearly remember the details. Include the names and contact information of anyone present (witnesses). If you filed a police report, obtain a copy of the report. Request copies of your medical records, as well.


Keep the item that injured you and your proof of purchase (receipts, purchase confirmations, etc.). Take photographs of the scene of the accident, the defective product, your injuries and any other relevant details. Look around the scene to see if any cameras may have documented the incident. If you need help preserving and gathering evidence to support your claim, contact an attorney.

Do Not Post on Social Media

Be careful what you say to others about your incident – especially on social media. After you file a claim, the insurance company will search for reasons to deny coverage. This includes scouring your social media profiles, which are available to the public and can provide evidence against you. Avoid posting on social media, talking to friends, and openly speaking to an insurance claims adjuster about your accident or injuries. Contact an attorney to take care of communications with an insurer on your behalf.

Contact an Albuquerque Product Liability Lawyer

An experienced attorney will have the knowledge, information and resources to handle your product liability case in Albuquerque. A law firm can use investigators to analyze the incident, confirm a dangerous product defect, collect evidence against the manufacturing company or distributor, and go up against an insurance company to demand maximum financial compensation for you. You can trust your lawyer to guide you through all of the necessary steps for recovery after being injured by a defective product. Call The Fine Law Firm today at (505) 889-3463 for a free case consultation.