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As a product liability lawyer in Utah, we can be your advocate, fighting to protect the rights of you and your family. This includes the right to file a lawsuit in the first place. Utah has a statute of limitations, and if you reach this deadline, you could lose the opportunity to have your day in court. In fact, when a civil case is filed after the statute has been reached, the other party can ask for the case to be thrown out and it likely will be. As a result, we encourage you to file your claim within two years, since that will cover product liability along with damage to your property and your person.
As an attorney, we are constantly looking out for the safety and wellbeing of our clients. With many product liability cases, it can be unclear at first whether or not a product is actually causing harm. For example, if your child breaks out in a rash, how do you know that it is because of a toxic chemical in the soap? If someone gets sick after using a particular shampoo, how do you know that it was directly responsible? In many of these cases, it takes time to get to the bottom of the problem, along with testing in a lab. The only time it may be obvious is if a recall has already gone out or if you are using a device on the FDA’s list of faulty medical devices. In these two scenarios, the problem has already been identified and we can get to work right away. However, if you have a suspicion that a certain device has caused you injury or made your family sick, call us anyway. We can help with the investigation and have the resources to do so.
It comes down to evidence. As an attorney, our job is to gather the right evidence in order to build your case and make a clear and compelling argument as to the dangers of a particular product. This can involve testing in a lab, working with your doctor, speaking with witnesses, examining internal records, etc. Each case is different, but each time, effort must be put into the actual investigation. This makes it important to work with a skilled and highly-trained attorney.
Once you know that a particular product caused you problems, it is time to determine what the damages mean from a financial perspective. There are several ways we look at this. The first is to determine what medical bills you have accrued, whether or not you will make a full recovery, and the level of care your doctor anticipates you needing in the future. There is a clear cost of medical care, so this portion of your claim is easy to calculate with the help of your doctor. Next, we need to consider what cost you have paid by way of additional expenses, time lost from work, help you had to hire, etc. You should receive enough money to pay for any expense associated with your use of the product, along with any money you have lost because of using it. We will ask you a variety of questions during your initial consultation to help determine what that number should be.
As a product liability lawyer in Utah, we understand that insurance companies do not always want to pay for medical care. Yes, they will pay for your basic examinations, but if your doctor recommends a unique or complex procedure, they are likely to turn it down. This is why you need an attorney to fight for you. We can help you and your family receive the medical care you need to recover fully.
You can get the help you need with “One Call — That’s All.” Get legal answers 24/7 with staff available day or night by calling 800-404-9000. Craig Swapp & Associates are here to answer all your legal questions and can provide you with a consultation to discuss your case.