Defective household products might seem harmless, but they can do more damage than you think. For example, if you watch the news often, then you might have caught a story regarding the death of a French blogger who died from an exploding whipped cream can. The dispenser omitted shrapnel that pierced the blogger’s heart and she died from a major heart attack.

After her death, it was determined that the household product responsible for her death was reported defective. However, there was no recall and the manufacturer allowed this product to remain for sale despite the known dangers. This is just one example of an extreme injury from a defective household product. More common injuries happen daily, but they might not be as deadly.

Although death from a defective product is rare, it happens. If you sustained an injury due to a defective product, then you could be entitled to compensation. A personal injury lawyer can help. In this guide, we’ll explain everything you need to know about defective product injuries, including the most common types, how they may injure you, and who should be held responsible. We’ll also discuss what you can do to protect yourself financially if you suffer from a defective item injury.

What Is Considered A Defective Product?

A defective product is defined as any product that could be dangerous when it’s used as directed for its intended purpose, as long as there are no alterations or interference to the product. More specifically, a defective product is any product that causes harm or injury to a person due to a defect with the design, a marketing defect, or a manufacturing defect. Examples of a defective product include medical devices, children’s clothes and toys, and food items.

To claim product liability, a plaintiff must prove that a defective product meets the following qualifications. First, the plaintiff must prove that the product was defective at the time that it was made. Next, they must prove that the product’s maker, seller, or distributor intended for the product to be sold to the plaintiff without safety changes made throughout the process (in other words, the manufacturer knew that the product was possibly defective and they sold it anyway). Or lastly, the plaintiff or their personal property was somehow damaged due to the product

How Dangerous Are Defective Household Products?

Research shows that the average household in the United States contains over 300,000 items and products that range from light bulbs to furniture and kitchen appliances. Recall trends over the past few years have shown that many of these items pose a risk to our health. Within the first few months of 2017 alone, the number of people injured by defective products reached the highest it has been in 30 years. Here are some other statistics related to defective products:

You may have experienced an injury from a defective product in your home but did not think to report it. Remember that the more time you spend at home, the more likely you are to become injured by a defective product. Now, more than ever, product shortages are causing retailers and manufacturers to increase their demand for household products, meaning that they may be more likely to overlook a defect simply because the product is in such high demand in stores.

How Does A Product Become Defective?

Have you ever wondered what makes a product defective? As noted above, a defective product is defined as any product that causes injury because it was marketed, designed, or manufactured incorrectly. To prove that a product is defective, a plaintiff must prove that the product was reasonably defective either at the time of manufacture, when it was designed, or when it was marketed to the public. We will discuss the three types of defective products below.

Product Design Defects

A product can be defective because it was made improperly or there was a defect at the time it was produced. These types of defects can be present even before the product was manufactured. A company may be held liable for a design defect if there was an unforeseeable risk present during the production process, and the company decided to continue with production anyway. This is what happened in the case of the defective 3M earplugs.

An example of a product design defect would be when a coffee cup is designed in such a way that the bottom of the cup melts when it comes in contact with a hot liquid. Most states require that a plaintiff prove that their injury could have been prevented if the product that injured them was made in a different way. In other words, they must prove that the manufacturer could have made changes during the production process that would ensure that the product was safer. Products that have design defects are usually only fixable if the manufacturer alters the original design, meaning that the original design and intended use are unsafe.

Product Manufacturing Defects

A product may be defective due to a manufacturing defect. This occurs when the product becomes defective during the assembly or manufacturing process due to either an intentional or an unintentional mistake. Product manufacturing defects occur when the product becomes more dangerous than what the consumer and company expected.

The primary difference between a product manufacturing defect and a design defect is that the manufacturer defects are unintentional or occur accidentally due to a flaw in the manufacturing process, whereas the design defects are usually intentional flaws that occur when the product is being designed.

A manufacturing defect is usually easier to fix because the defect can be corrected by making a simple adjustment to the assembly process or materials used to make it. Some common examples of manufacturing defects include contaminated medications and food items, and faulty mechanisms, tools, and screws.

Product Marketing Defects

A product marketing defect usually occurs due to a lack of proper warning or directions about a particular product. These flaws may be due to a lack of instructions about how to use a product. Examples may include when there is improper labeling on a product and a lack of safety warnings. Marketing defects are common when a company does not warn the consumer about all of the ways in which a product can be harmful when used incorrectly. This includes when there are choke hazards or small parts on a child’s toy. This type of product defect usually occurs when a person is injured due to a company’s improper marketing.

Examples of Defective Household Products

Most people don’t expect to sustain serious injuries from common household products, but it happens. Many products can be dangerous if used incorrectly or mislabeled. You can still get injured from a product that comes with a defective disclaimer and warning labels, and you may have to file a product liability lawsuit due to a manufacturing process error or breach of warranty.

The CPSC is responsible for recalling consumer products and keeping the public safe. However, while recalls are intended to inform users of potentially dangerous household products, many people are unaware of these warnings until they get injured. Other people know about the recall but don’t expect to become seriously injured by the product in question. Regardless of the defective product’s cause, it’s important that you are aware of potential items that may harm you in your home.

Here are some of the most common examples of defective household products:

Defective auto parts that cause accidents:

Defective medical devices:

Toxic or chemical exposure to defective products:

Other defective products:

How Do Defective Household Products Cause Injury?

Although a defective household product injury is not considered as dangerous as a car accident, it can still be deadly. Also, keep in mind that just because you aren’t killed from a defective product doesn’t mean you don’t deserve compensation. A defective household product may cause serious injury when manufacturers don’t alert the public about potential dangers or remove these items from store shelves.

Even if you use a product as it was intended, it may still cause injury if it’s defective. For example, if you are using a blow dryer as intended, it may burn your head or hands if the product was defective when it was created. Some products may also become defective if they expired or were damaged during the stocking process at the store.

Most of the time, a defective product is the manufacturer’s fault, but there are exceptions to this rule. Either way, companies are responsible for standing behind the products they sell and making sure they are safe to use. You are entitled to compensation if you are hurt by a household item, whether it was obviously defective or not.

Common injuries due to a defective household product include the following:

Broken bones or severed limbs are a common example of what may occur when you come into contact with a defective steering wheel or set of brakes that causes a car accident. You may also experience a deep cut or laceration due to a defective knife or eating utensil that did not come with a set of instructions. Even a simple kitchen or cooking tool may cause an injury if it’s defective or it does not come with clear instructions, such as vegetable spiralizers, chopping tools, or vegetable peelers. Burns are also very common injuries due to defective kitchen items.

You may experience a burn from a defective heating pad or electrical blanket. In some cases, a defective heating blanket may cause a defective mattress to catch on fire - injuring the person sleeping on top. Brain injuries and spinal injuries are also common. You may experience a blood clot or brain injury that formed due to a defective pharmaceutical medication or a defective set of brakes may have caused a leg injury that requires you to go to physical therapy or miss work.

How Do Electronic Heating Devices Cause Injury?

Electronic heating devices, such as microwaves, toasters, space heaters, and electronic blankets, are some of the most commonly reported defective household items. Even if you are using these products correctly, they may still cause injury due to an electrical problem or design flaw. It’s never a good idea to leave a space heater unattended in your home. Do not sleep with one in your bedroom because it may catch fire while you sleep. Never leave the home with a space heater running inside as this may cause a fire.

Other heating devices, such as toasters and microwaves, are known to cause lacerations and burns if they are defective. You may burn your hand while trying to heat up food or reaching in the toaster, even if you are practicing caution while doing so. These items may also cause an electric spark at the outlet that leads to fire if there is a defect with the cord. Never leave a toaster oven or microwave unattended while in use and always be sure to use oven mittens or hand protectants when removing food from these areas. Many people have suffered third-degree burns on their hands from household items that are supposed to be safe.

Many people use heating pads or electric blankets at night to keep warm. However, defective heated blankets have been known to catch fire or cause serious burns to people while they sleep. It’s a good idea to sleep with the settings on low or use the blanket to heat your bed and turn it off before falling asleep to prevent injuries. If you are using a heating pad to alleviate sore muscles or stomach cramps, then be sure to keep the setting on low and do not fall asleep with the heating pad on. Problems may arise either with the cord or the product itself.

How Do Defective Children’s Toys Cause Injuries?

No one ever wants to think that their children will become injured by toys in their home, but it happens. Defective children’s products are responsible for many injuries and even deaths, despite being used properly under supervision. Research shows that over nine million children are treated in the emergency room for unintentional injuries each year in the United States alone. Additionally, emergency rooms estimate that they treat approximately 250,000 children for injuries related to toys. This is just one category of children’s products that may lead to injury due to poor design, improper manufacturing processes, and more.

According to the CPSC, there is an increasing trend in toy-related injuries among children worldwide, especially those involving contusions, lacerations, or abrasions. Children are also prone to injuries that cause serious scarring, which can lead to both physical pain and emotional anguish. Examples of defective children’s toys that may lead to death or injury include balloons, tricycles, ride-on toys, scooters, powered and non-powered riding toys, toy boxes, and stuffed toys. Additionally, research shows that there is a growing trend among playground injuries, too.

Other defective children’s items that may cause injury include:

How Do Cleaning Supplies Cause Injuries?

Potentially dangerous chemicals may be lurking in every home in your room. If not used or stored properly, these items could cause injuries, health problems, or even death. They are especially dangerous for pets and children who may not know how to use them properly and in the correct dosing. If and when these items become defective, they pose even more of a threat. For this reason, it’s important to be aware of these products and how they may injure you.

The following is a list of cleaning supplies that may be dangerous, based on where you keep them in your home:

Cleaning supplies in the garage

Cleaning supplies in the laundry room

Cleaning supplies in the kitchen

Cleaning supplies in the bathroom

Other cleaning supplies in the home

While most of these items come with proper warning labels and instructions so that you use them safely, they may cause injuries even if you follow all directions. If you purchased a defective cleaning supply item, then do not use it. Store it in a safe place away from children and pets, and contact a lawyer immediately to determine your next steps.

What Are Warning Labels Supposed To Do?

Warning labels are an important part of identifying a potentially dangerous or defective item. The American National Standards Institute (ANSI) is the organization responsible for regulating safety symbols, producing safety signs and labels, and maintaining safety rules and regulations. In 2002, the company updated its standards to ensure that the warning labels and signs on products are easier to read, illustrate all possible safety risks with pictures, and offer a more detailed explanation of potential dangers.

The ANSI states that a warning label should inform the consumer of existing hazards, the severity of risk involved when using a particular product, levels of the potential danger, and how to avoid these risks. Warning labels should be highly visible to consumers and positioned in a way that’s close to the area that may be hazardous. Labels should be made with the product’s typical setting and life expectancy in mind. The ANSI has designed a series of three colored-coded words to alert the consumer to potential dangers linked to a product:

  1. Red: This color signifies danger and an impending hazardous event may end in serious injury or even death
  2. Orange: This color indicates a warning that a potentially dangerous accident may occur, ending in serious injury or death
  3. Yellow: This color indicates caution that a slight or moderate injury may

Product manufacturers must include red, orange, or yellow labels on their items along with a description of the potential hazard so that users know exactly how to use it without getting hurt. The color code labeling is supposed to be laid out in a square shape on a white background to make it more visible. Then, underneath the color keyword, this section should include two panels that include a symbol or a picture (such as a red circle with a slash through a potentially dangerous way of using the product). This section is designed to send a clear message that the product should not be used in certain ways.

A warning label should help consumers answer the following questions:

What Are Defective Household Product Damages?

‘Damages’ is a term that refers to the sum of money that is paid to a plaintiff in a lawsuit. It’s intended to compensate them for losses due to an illness or injury, but it can also be to punish the defendant for something they did wrong. In the case of a defective product, ‘damages’ means that you are entitled to money for your injury or illness from the manufacturing company.

There are many different types of damages, but all damages are defined by a dollar amount that the defendant (the manufacturing company) must pay the plaintiff (you). In a personal injury lawsuit, damages are ordered by a jury or judge after a verdict is decided in court. However, compensation is collected by the plaintiff through a personal injury settlement. It’s important to estimate your damages in a product liability case upfront. If your injuries are minor and you're not entitled to a lot of compensation, then it might not make sense to spend the time and money on pursuing your claim.

Also, keep in mind that smaller damages mean that you will be less likely to find an attorney to represent you. In the case of a defective household product, it’s helpful if the product has been known to cause widespread problems. This will make it more likely for you to find legal representation because lawyers know they’ll be more successful in your case. Also, if you suffered substantial damages, then you’ll want to classify them before filing a lawsuit to ensure you get the full value from your claim. All damages fall into one of two categories: punitive and compensatory.

What Are Compensatory Damages?

Compensatory damages are otherwise referred to as actual damages. They are designed to pay the plaintiff for their injury or illness caused by a defective product to restore the injured person to the condition that they were in before the incident occurred. Compensatory damages work by assigning a dollar amount to the value of the accident or injury that the plaintiff incurred due to the defective product.

It’s not always possible to make the plaintiff whole again or restore their health to the way it was before the accident. This may occur when a permanent injury, death, or serious illness occurs due to the defective household product. However, compensatory damages provide a lump sum of money that is determined to be equal to the value amount of the incident. The two types of compensatory damages include 1) those that cover economic losses and 2) those that cover non-economic losses. We’ll explain them more in-depth below.

Economic Losses

Economic losses are otherwise known as special damages or monetary losses. They refer to property that the injured person may have lost due to the accident. Generally, these losses are easier to prove in court because they tend to be easy to spot and require less proof. You might find that it’s easier to get compensation for economic losses than non-economic losses, but it’s still a good idea to have an attorney represent you, especially if your case goes to court.

Here are some examples:

Non-economic Losses

Non-economic losses are also known as general losses. Generally, non-economic losses are harder to define. Examples of non-economic losses include physical and emotional suffering, such as pain and suffering and loss of consortium. If your case goes to court, then a jury or judge will need to assign a dollar amount to your non-economic losses. This may require you to provide more proof, such as medical bills for a psychologist due to postpartum therapy or costs covering antidepressant medications. Here are two examples of non-economic losses:

What Are Punitive Damages?

Unlike compensatory damages, punitive damages are designed to make the injured person feel whole again after an injury or illness. They are meant to punish the defendant for their mistakes and to deter future mistakes from others in the future. Punitive damages are sometimes used to set an example. It’s not uncommon for juries to call for punitive damages against manufacturers in high-profile cases.

For example, in 2020, a jury in New Jersey ordered Johnson & Johnson (J&J) to pay $750 million to four people who claimed that their mesothelioma was caused by the asbestos baby powder made by J&J. The jury also claimed that J&J hid the fact that their product contained asbestos. Also, in 2019, a jury ordered Roundup producer Bayer to pay $2 billion (later reduced to $86.7 million) to a couple who developed non-Hodgkin’s lymphoma after they used Roundup for over 30 years.

What To Do If A Product Has Been Recalled

A product can be recalled by the manufacturer if a regulator, consumer, or manufacturer finds out that there are safety issues or possible defects that could cause in injury. Most of the time, recalls are used to protect the public - and the entire line of a product of certain batches that have problems with them will be removed from the market.

The majority of product recalls are voluntary, meaning that companies recall a product after finding out that there is a safety concern or defect. However, in some cases, another party - such as a regulatory agency - will issue a recall and pull that product from shelves or the manufacturing process before it even reaches stores.

Here are some of the most commonly recalled products:

It’s not always easy to know when a product is recalled. Pulling recalled items from their shelves is the responsibility of the store that carries these items. However, in some cases, the stores do not pull them in time before a customer buys a recalled product. If you purchase a product and register it through the manufacturer, then you may get a notification that the product is recalled by the manufacturer. If your vehicle or a vehicle part is recalled, then you may be sent a notification via email or snail mail by the National Traffic Safety Administration (NHTSA) or the car’s manufacturer, such as Ford or Chrysler.

You can also find recall information on the CPSC website. The organization will post this information for consumers to view and search for possible recalls that may be linked to products they own. If you subscribe to the CPSC website, they will even send you an email notification when a product recall occurs on one of the products you purchased, registered, or own. Another helpful website that lists product recalls is This website lists recalls for consumer products, medications, cosmetics, environmental products, food, motor vehicles, and boats.

If you find that one of the products you bought was recalled, then follow the instructions provided by the company that contacts you. Many times, the manufacturer or retailer will provide instructions on what to do next. The first step is usually to stop using the product. Then, depending on the nature of the recall, you may be eligible for a replacement or refund. Many companies will offer to repair the defective product, replace it with a new one, or send a refund.

If the defective product injured you and it has not been reported defective yet, then call a lawyer immediately. Your lawyer can also contact the CPSC to report any products that are unsafe. Keep in mind that the CPSC may or may not investigate your report. However, it’s always a good idea to document that you have reported your injury as this will help your case if it goes to court. If they decide to investigate, the CPSC will contact you to confirm whether or not the information you provided is accurate. They will also inform you on how they plan on using your information. If you list a manufacturer in your report, the CPSC will forward your report to them and you may hear from the manufacturer regarding the defective product that injured you.

What To Do If You Have Been Injured By A Defective Product

If you have been injured due to a defective product, then the best thing to do is to call a personal injury lawyer right away. Although you do not need to hire a lawyer, it’s in your best interest to do so. Personal injury lawyers are trained professionals who know how to represent you in a court of law. They will handle the insurance company for you and will speak on your behalf to a product manufacturer whose product injured you so that you don’t have to.

A personal injury lawyer will also know your state’s laws and statute of limitations in regards to the timeframe that you need to file a claim. Hiring a lawyer can be the difference between a successful defective product claim case and a non-successful outcome. They will protect your rights and get you as much money for your injuries as possible. Product injury claims are especially hard to prove by yourself because they require that you prove that the product was defective at no fault of your own. A lawyer can help prove that you were injured because of the way the product was made or advertised and not because of user error or another mistake.

What is the Statute of Limitations?

The statute of limitations refers to the maximum length of time you have to take legal action against a potential claim or injury. These time limits vary from state to state. For example, if you live in Michigan, then you have three years from the date you were injured to take legal action against a defective product. No states currently have a statute of limitations of less than one year. Some have two and others have three or four.

If you are injured from a defective household product, then don’t wait. Taking action right away can help ensure that your claim is valid. Waiting too long may be a red flag to insurance companies and they may try to disprove your claim. If the statute of limitations in your state has expired, then keep in mind you may still be able to file a claim in another state, such as where the company is located. A personal injury lawyer can help make sure you file a claim within your state’s statute of limitations.

It’s usually fairly easy to determine when your time limit runs out if you have been injured by a defective product. For example, if you were injured by a defective knife and the statute of limitations in your state is two years, then you have two years from the date in which you injured yourself to take legal action or file a claim. Keep in mind that some injuries may not present themselves until weeks, months, or even years after an accident. This may include if you develop lung inflammation from inhaling a defective chemical product. If this is the case, then it might be harder to detect the injury date. However, this information is still crucial when it comes to when you can file a claim for a defective product.

Most of the time, there are two dates that matter when it comes to filing a defective household product claim: when the injury occurred and when it was discovered. In most states, the statute of limitations begins when the injury date occurs. If you discover the injury after the statute of limitation runs out, then you may not be able to file a claim. However, in other states, the statute of limitations only starts when the injured person realizes that they have been injured. States that have an injury-discovery rule will begin the statute of limitations on the date that your symptoms began.

Some states will begin this timeline on the date on which you should have noticed your injury or symptoms. In this case, the statute of limitations may begin even if you have not discovered your injury yet. For example, if your lungs were damaged due to inhaling a defective chemical product, and you develop a cough but don’t go to a doctor for several months, then a court of law may decide that the statute of limitations started when you first developed the cough instead of when you went to the doctor. In other words, the sooner you file your claim, the better.

What is Product Liability?

Product liability is when a retailer, manufacturer, or seller of a product is held responsible for allowing a defective product to reach the customer, even if the customer was negligent in buying the product knowing that it was defective. For example, if a company does not pull its products from store shelves after several people have been injured from it, and a customer still buys it knowing the risks, then the company is legally responsible.

State laws are responsible for determining who is responsible for a dangerous or defective product. Although the manufacturer is usually found responsible, all parties involved in the distribution chain may be held responsible for product liability, including the store that carries the item knowing it’s dangerous. These state laws may vary because they are based on a set of commercial statutes that are modeled after the Uniform Commercial Code, which is a set of rules all states must follow when it comes to product liability.

What To Know About Product Liability Laws

If you’re looking to collect financial gain from an injury due to a defective product, then you will need to make you can prove the following:

Here are some things that can reduce the amount that you receive for a product injury claim:

Some product defects are created because they are mishandled or tampered with. You will need to prove that you did not tamper with the product or cause it to become defective in any way if you are trying to prove that the manufacturer is liable for your injuries. Also, keep in mind that all parties related to the distribution of the potentially dangerous product may also be held accountable, including the following:

This means that there has to be a contract agreement between the supplier and the injured party. However, at the time of this writing, any person who could be injured by a defective product may collect for their injuries.

Types of Defective Product Claims

Defective product claims usually fall into one of three categories: strict liability, negligence, and breach of warranty.


Negligence claims refer to a type of product liability law that includes design errors, failure to warn customers of potential dangers linked to a product, and careless mistakes in the manufacturing process. Any person involved in the distribution, design, or manufacture of a product can be held responsible because they have a duty to make sure the product is safe.

If the people who are responsible for these things do not exercise reasonable care and their actions result in your injury, then they can be held responsible for their negligent actions.

Strict Liability

Whereas negligent claims require proof that someone along the distribution line acted irresponsibly to cause injury, strict liability claims can hold a supplier or retailer responsible for defective product injuries regardless of proof. If a product is determined to be dangerous to the public, and someone is injured as a result of the product, then this is enough proof to file a defective product claim against the manufacturer under strict liability laws in a court of law.

Breach of Warranty

Breach of warranty is a term used to describe what happens when a company violates its own warranty or safety promise to the customer. Under product liability laws, claims that pertain to breach of warranty may occur when a manufacturer or retailer breaks either an expressed or implied promise to the customer that the product in question is safe to use and defective-free.

What Do I Need To Know Before I File A Product Liability Claim?

Anyone who has been injured by a defective product can file a claim. Common injuries include broken bones, lacerations, burns, brain, and spinal cord injuries, and even wrongful death. If you have been injured by a defective product, such as a motor vehicle, a prescription drug, or construction equipment, then you can file a claim - but you’ll need to prove your injury. This is where an attorney comes in handy because they will know how to prove your claim.

For example, an attorney can collect medical records, hospital bills, and photographs to prove that the injury happened. These items can also prove when the injury happened as well as the extent of the injury, which can impact how much money you’ll receive as compensation. An experienced attorney can also provide evidence that the injury happened. Most of the time, the defective household item itself is the primary piece of evidence. You will need to provide the item to the insurance company so that they can inspect it and determine what caused your injuries. Sometimes, the defect may be obvious, but this is not always the case.

If your case goes to trial, then an attorney will be crucial because they can provide expert testimony to prove that your injuries were caused as a direct result of the defective product. You can also represent yourself - or, in the case of wrongful death - a loved one can represent a deceased family member. However, it’s much better to have an experienced attorney who can present evidence to a jury or judge so that they can evaluate the evidence and provide a verdict.

Do I Need Legal Representation For Product Defects?

If you or a loved one has been injured due to a manufacturing defect, dangerous product, or design defect, then contact a law firm for legal advice today. Product liability lawyers have been trained in the defective product injury area of law and they can help you get the maximum compensation you deserve for medical bills and pain and suffering. Most product defect lawyers will provide a free consultation where you can determine if they are the right attorney for you.

If you decide to file a product liability claim, then it’s important to hire a good lawyer who can see you through this process. This is especially true if you plan to file a claim against a big company that has lots of money and resources to shut down your claim. Experienced product liability attorneys know how to handle these big companies and will use their professional education and law training to ensure that you get treated fairly. They’ll go over your legal options and provide a free case evaluation when you meet with them.

Here are some things to look for when picking out a personal injury attorney:

Experience in Defective Product Cases

Make sure that the personal injury lawyer you hire has experience in defective household product cases. These strict liability cases require a lawyer who has specialized knowledge in this field because they are different from other personal injury cases. Unlike car accidents, defective household products put you up against major companies and corporations that have the power to quiet your case.

A lawyer with experience in defective products will know how to get you compensation for things that are hard to prove or assign a dollar amount to, such as pain and suffering and mental anguish. When you meet with a potential lawyer to determine if they are right for your case, ask them to show you examples of cases similar to yours that they have won in the past. Also, be sure to ask them how they plan to handle your case to increase your likelihood of winning.

Good Client Relationships

In addition to picking out a lawyer with experience, you’ll want to make sure your lawyer has good client relationship skills. You will likely be spending a lot of time with this person and your personalities will need to match. Be sure your lawyer speaks to you in a respectful fashion and does not talk down to you or brush off your case as just another one they have to work with. Your lawyer should make you feel like the priority. It’s a good idea to do research on your lawyer to see if there are any reviews about how they treated past clients.


Sometimes the lawyer that you meet with upfront is not the same lawyer that will be assigned to your case. If your lawyer works for a firm, check to make sure that you will be getting the same lawyer throughout your case. Otherwise, you may be working with a team of lawyers, especially if your case goes to court. While there are some advantages to having a team of lawyers, some people prefer to work with one person who knows their case extensively. To get the personalized attention you need, be sure that you’ll be working with the lawyer that you meet upfront. Also, be sure your lawyer has time to see your case until the end or if it goes to court.

What Information Will Help My Defective Product Claim?

If you are injured by a defective or dangerous product, then you will need to have documentation. It’s important that you keep paperwork and items that prove your injury and help you recover damages. The first thing you’ll want to make sure you have is your receipt. This is important because it shows that you purchased the product from a specific retailer - and they may be held responsible for selling you the product.

However, keep in mind that you can still sue a retailer even if you were not the one who purchased the defective product or was hurt by it. If you don’t have a receipt, then there are other ways to prove that a retailer stocked defective products and made them readily available to the public, such as by taking pictures. A lawyer can most certainly assist you with this by informing you of your rights, even if you were not injured.

Here are some other things you and your lawyer can do to help your defective product claim:

Document the scene of the accident

If you were injured, then seek medical attention right away. If your injury was not that serious, then consider documenting the scene of the accident. Take pictures of the defective product and where you found it. Also, take pictures of how the product injured you, what you were doing when it injured you, and how you were using it. Make sure there are obvious signs that can prove the location of the defective product in stores - such as a Target sign in the background with a date and time stamp of the photo.

You will want to take a picture of the front of the product, especially if there are noticeable signs that it’s damaged. If you were injured and had to go to the hospital, then contact a lawyer right away (or have a loved one do it) and he or she can acquire this documentation for you. You may also want to collect documentation or witness statements and contact information from anyone who saw you get injured or can act as a witness to confirm that the defective products were on display. Again, your lawyer can do this for you if needed. Collecting all of this information might seem tedious, but it will help your case if it goes to court and increases the likelihood that you won’t have to settle for a low offer.

Save all copies of medical bills and records

You will want to save all copies or obtain documentation of your medical expenses, including doctor’s visits, any medication you were prescribed, and any costs that you had to pay for as a result of the injury or accident. Also, be sure to document lost wages and any time that you had to take off from work to go to the doctor or recover from an injury. It helps to write down how many days of work you had to miss. This will help assign a dollar amount to your injury.

Document all correspondences with the insurance company and retailer

Keep a copy of all correspondences you have with the insurance company, retailer, and anyone you speak to about your claim. This information will be useful if your insurance company refuses to cover all of your injuries or tries to claim that you did not properly inform them of the information needed to settle your claim. Keep copies of emails, text messages, faxes, and even written conversations with all parties involved in your claim.


Q: How common are defective household product injuries?

A: According to the CPSC, defective or unsafe household products account for about 29.4 million injuries and around 21,400 deaths each year. Additionally, within the United States alone, approximately $700 billion is spent every year on property damage, injuries, and deaths due to consumer product injuries. If you are concerned that your case will be just another number or that you can’t stand up to a large corporation if you were hurt by a popular name-brand item, then call a lawyer today to get the legal help you need to take action and increase your success.

Q: What are the most common defective products?

A: Some of the most common defective product liability cases over the past decade have involved injuries or illness due to exposure to pesticides and other chemicals used at home. You may experience an injury or illness due to lawn and garden products or cleaning products that you use every day. Over time, these household items may cause injury in the form of coughing, a heart condition, or even cancer. Other common examples of items that can hurt you at home include injuries from food, medicine, medical devices, pharmaceutical drugs, children’s toys, cleaning supplies, industrial and heating machinery and equipment, and kitchen appliances.

Q: Who is held responsible for defective product injuries?

A: Anyone involved in the making or selling of a defective product can be held responsible. This includes a manufacturer, seller, or retailer - and anyone who played a role in making the defective item available to the public. This is otherwise known as product liability, which refers to holding the responsible party accountable for placing the defective product into the public’s hands where an injury could occur. If your case goes to court, then the judge or jury may find anyone in the distribution chain liable for your injury - from the company that made it to the store that sold it to you. 

Q: Can I sue for a defective product?

A: Yes, you can sue for a defective product as long as you can prove one of three things. First, you must prove that you used the item in its intended way and not for any other purpose - yet you were still injured. Next, you must prove that the product was defective. Lastly, you must prove that the defective product caused your injuries. You can prove these by providing pictures and medical records to show that you sustained damages or losses due to the product. If you hire a lawyer, then he or she can track down medical records and other paperwork for you.

Q: Can I sue Amazon for a defective product?

A: If you buy a defective product off Amazon, then you may be able to sue them. Until recently, Amazon was protected from product liability, meaning that it could not be held responsible for selling a defective product. However, recently, a federal court law stated that customers can sue Amazon if they are injured from a defective product they bought on the website. As mentioned above, you may have to provide proof that you were injured from the product you say you were.

Q: What makes an item defective?

A: A defective product is defined as an item that does not perform the way it was intended to, which results in an injury. A defective product could cause damage due to a design defect or a manufacturing flaw, or it could be due to improper warnings to the consumer about potential dangers. Sometimes, a product becomes defective because it was designed wrong. Other times, it might be defective because there was a flaw when it was made or distributed. The product could have been damaged when it was shipped. If you suffered an injury from a product after using it properly regardless of warnings, then it could be deemed defective.

Q: What should you do if an item you bought is defective?

Sometimes we don’t always notice that a product is defective until after we purchased it. If this happens to you, then stop using the product immediately and check your receipts to identify where you bought the item. Take the item back to the store and return it - then contact a lawyer immediately. Be sure to document the entire process, including when you bought the item, when you noticed it was defective, whether the store took it back or not, and any symptoms you may have. Your lawyer should be able to better assist you when it comes to returning a defective product and holding the appropriate parties responsible for their negligence - as well as any damages you may incur along the way

Q: What does the law say about defective products?

A: According to the Consumer Rights Act 2015, consumers who purchased a faulty product are eligible for a full refund in most cases as long as they are returned within a fixed period, such as 30 days. It’s best to hang on to your receipts for instances like this where you may not notice that a product is defective until after you bring it home. Sometimes, a company may be able to locate a receipt for you if you did not keep a copy. If you have any questions at all about the process of returning a defective product, then contact a personal injury lawyer who can better assist you and inform you of your right.

Q: Is food poisoning considered a defective product?

A: The number of product liability cases that involve food poisoning is on the rise. Food-related injuries, such as food poisoning, are considered product liability actions, meaning that you can sue for food poisoning as a defective product. If you got sick due to a food item you purchased at a store, then you could file a claim against anyone in the chain of distribution for this product, including the manufacturer, retailer, and anyone who helped get it in your hands.

One of the biggest challenges in food poisoning cases is proving that the defective food caused your injury or illness. Most of the time, food will have been thrown away or eaten by the time the injury or sickness occurs. It’s hard to collect evidence or samples from defective food to prove that your injury was due to bad food. This is why it’s important to hire a product liability attorney if you suffered from food poisoning. They will know how to collect evidence to prove your injury or illness, even if the food in question has been eaten or thrown away.

Q: How do I know if I need to file a class-action lawsuit?

A: You can file a product liability lawsuit alone or as part of a class-action lawsuit - as long as the defective product injured a larger group of people the same way that it injured you. In the case of a product liability class action lawsuit, only a few people will represent thousands of people who were injured the same way they were. It’s a good idea to file or join a class-action lawsuit if the amount of money each person would get on their own is not enough to cover their medical expenses. Most of the time, class action lawsuits are not used when someone has suffered severe or unique injuries. You can talk to a lawyer about how to file or join a class-action lawsuit.

Q: How can a lawyer help in a defective product liability lawsuit?

A: An experienced product liability lawsuit lawyer can help you collect damages that pertain to your case. For example, your attorney may be able to get you money to reimburse you or pay for medical costs - both now and in the future - lost wages, pain and suffering, and emotional anguish. While it’s possible to file a lawsuit without an attorney, hiring an attorney can make the process much easier for you. An attorney also ensures that you’re more likely to win your case and gain maximum compensation so that you don’t settle for less than what your injuries are worth. Keep in mind that it’s easy for medical bills to spiral out of control if you suffered a serious injury, with treatments exceeding far longer than you previously thought. A personal injury lawyer can secure future payments for you to make sure you’re compensated correctly.

Q: Can I sue a retailer for a defective product?

A: Yes, you can sue the retailer - and anyone involved in the distribution chain of the product - for a defective item. This is because when a retailer lists an item for sale, it’s responsible for ensuring that the product is safe before it’s made available to the public, even if they did not create the product or manufacture it. Additionally, you can sue the retailer even if you weren’t the one who bought or used the defective product from them. You may also be able to get compensation for used products, depending on your state law and the nature of the defect.

A good motorcycle accident attorney can be the difference between getting a fair settlement for your accident and walking away with out-of-pocket expenses. Motorcycle accidents can cause severe damage to both the motorcycle rider and any cars involved in the crash. Whether you were the person who was injured or you’re responsible for the accident, it’s always best to hire an attorney to handle your motorcycle accident claim.

In this extensive guide, we will discuss what to look for in a motorcycle accident attorney. The best motorcycle accident lawyers tend to be personal injury lawyers, but there are several things you’ll want to keep in mind before hiring one. We will also discuss the types of motorcycle accident injuries and how insurance companies view motorcycle accidents. Read on to learn more about motorcycle accident injuries and how a motorcycle accident attorney can help.

When To Get A Motorcycle Accident Lawyer

The aftermath of a motorcycle accident can be traumatic for many people. Motorcycle accidents are never expected, and they may lead to injuries that can completely change your life. Injured victims must juggle their physical recovery while also caring for their mental health and this can be more than enough for most people to handle. Additionally, many victims are unsure about meeting with a personal injury lawyer to discuss the accident, either due to their lack of knowledge about the legal system or their already overwhelming post-accident responsibilities.

Anytime you are involved in a motorcycle accident, you should always get a motorcycle accident lawyer. While you don’t always need to call a lawyer the day after a motorcycle accident, it’s a good idea to do it as soon as possible. If you wait too long to contact a lawyer for a motorcycle accident, you could risk losing your legal right to get money for the losses that you endured because of the accident. Contacting an attorney right away after the accident happens ensures that your rights as the victim will be protected and you will have the best chance at receiving compensation.

Although there is no rush to find a lawyer within hours or even days after a motorcycle accident, keep in mind that an experienced lawyer can help you start the process of filing a claim immediately after. Even if you are not sure that you need a claim or if you don’t think you’re injured enough to call a lawyer, it’s a good idea to do so anyway.

An experienced motorcycle accident lawyer can help you fight for your right as an injured person, and the sooner you call them, the sooner they can help you get your entitlements. For example, a personal injury lawyer will gather evidence about the motorcycle accident and start to negotiate with the insurance company on your behalf. They will also prepare for trial if the insurance company doesn’t want to pay you what you deserve.

person riding motorcycle

What is the Statute of Limitations For Motorcycle Accident Claims?

If you are not familiar with the legal term used to describe the statute of limitations, consider it a timeline in which injured people are eligible to take legal action after an accident. This timeline varies depending on the state you live in and the type of claim you follow. For example, in some states, the statute of limitations allows motorcycle accident victims to take legal action up to four years after the day of the accident. You will need to check with your state to see what the statute of limitations is.

There are very few exceptions or circumstances that will allow you to take legal action after the statute of limitations. Therefore, you’ll want to keep in mind that you need to file a claim or speak to an attorney right away after an accident so that you don’t run into problems with your state’s statute of limitations. Otherwise, you might not be able to pursue compensation for accident-related losses after this time expires. The best way to ensure that you’re eligible to speak to an attorney is to contact one as soon as you get hurt.

Also, keep in mind that if you are injured in an accident, you do not need legal representation to file a claim for damages that occurred during a motorcycle accident. If you started the process within your state’s statute of limitations, you have the right to pursue a motorcycle accident claim and gain compensation for your medical losses.

However, filing a motorcycle accident claim yourself without legal help can be tricky. This is because the legal process is hard to navigate. The best way to make sure that your legal rights are protected and increase your chances of winning a large settlement, then it’s a good idea to speak to an attorney right away and allow them to handle this portion of your motorcycle accident for you.

Some people need to make their physical and mental recovery a priority after a motorcycle accident. It might seem like you don’t have time to call a lawyer, but doing so ensures that the legal part of your crash will be handled while you focus on healing. Additionally, an experienced personal injury lawyer can reduce the stress associated with a motorcycle accident.

Hiring a lawyer right away can help ensure that you see the case settle and that you don’t have to drag it out. Some people wait until they make a full recovery, and while that’s OK sometimes, keep in mind that this might mean that you’ve surpassed your state’s statute of limitations. Hiring a lawyer makes it easier for you to obtain the medical documentation and gather evidence early enough to settle your case.

How Soon Do I Need To Report A Motorcycle Accident Injury?

After you get into an accident, you may want to take advantage of free consultations with several lawyers no matter what your legal plans are. This will help you understand what options you have, even if you do not follow up on them. In some cases, finding a lawyer and filing a claim is a pressing matter. There are certain situations in which you will want to find a motorcycle attorney right away. We’ve outlined some situations in which you will want to call a lawyer right as soon as possible if you have been in a motorcycle accident:

     1. If you have suffered severe injuries.

Calling a lawyer is one of the first calls you will want to make immediately following a motorcycle accident if you have suffered severe injuries. This is because the more severe your injuries are, the more expensive your case will be. Additionally, severe injuries take a long time to heal, meaning that you may need compensation to account for this longer than usual recovery time frame. These two factors alone can make the legal process complicated after a motorcycle accident and may require you to hire a lawyer immediately.

When you have more severe injuries, you will likely need to pursue more compensation, which can extend your motorcycle injury case. Some cases do not even begin until after the victims have recovered physically. Therefore, the worse your injuries are, the longer your case takes. An experienced personal injury lawyer can help speed up this process so that you get the money you need to pay for ongoing medical treatments while you are healing. It also takes the stress off you so that you can focus on healing while leaving the legal aspects of your case to your lawyer.

     2. If you have suffered permanent or life-threatening injuries.

You should call a lawyer immediately after sustaining permanent or life-threatening injuries from a motorcycle accident. If you are not physically able to do this, have a family member or loved one do this on your behalf. This is because life-threatening or permanent injuries will require life-changing circumstances, and you will need to be represented by a legal professional to handle daily medical treatment or other expenses that have arisen due to your motorcycle accident. A lawyer can prove to a court that you have sustained life-changing or permanent injuries so that you get the compensation you need to help support your new way of life.

Remember that no one plans for an accident to happen. It’s your right to get help when you are the victim of a motorcycle accident. A lawyer can help you make ends meet while you are setting up medical treatment for your permanent injuries. They can also help make sure you are compensated and that your family won’t suffer if you suddenly cannot work. Call a lawyer (or have a family member call for you if you are injured and unable to make the call) if you suspect you have permanent injuries after a motorcycle accident.

     3. If you missed several days of work due to the accident.

It’s common to miss a few days of work after you were in a motorcycle crash. Many people use this time to see a doctor, file a police report, or handle motorcycle repairs. However, if your accident caused you to miss more than a few days of work, then you should call a lawyer as soon as possible. A motorcycle accident attorney can help you get compensation for lost wages due to your accident if you had to miss work because of an injury. However, contacting an attorney right away is important because they will be with you every step of the day and can ensure that you will get the most money possible. So, don’t wait to call a personal injury lawyer.

     4. If you don’t know who is responsible for the accident - or if you think multiple people are responsible.

Most of the time, it’s obvious who is responsible for a motorcycle accident, such as when a driver pulls out in front of a biker. However, it’s not always obvious in some cases. If you are unsure who is responsible for a motorcycle accident, then it’s in your best interest to call a lawyer. It’s also a good idea to contact a motorcycle attorney if you think multiple people are responsible or there is shared fault.

An experienced motorcycle attorney can help you determine who caused your accident. They can help you prove when someone else is responsible and that you are not at fault. If you are at fault for a motorcycle accident, then getting an attorney can also be beneficial as they can help guide you through the legal process so that you’re not paying money out of pocket.

     5. If the insurance company is being difficult to work with.

Insurance companies do not want to pay any money if they do not have to. They rarely offer a fair settlement for survivors of a motorcycle accident, even if you have been seriously injured. If the insurance company you are dealing with gives you any trouble at all or if they are purposely delaying your claim in hopes of forcing you to settle for less, call a lawyer right away. A lawyer can help ensure that the insurance company does not take advantage of you. Lawyers know the law and they know how insurance companies will try to scam you out of money. Don’t let them.

doctor examining x-ray

What Can A Motorcycle Accident Attorney Do For Me?

Even if you feel like you already have a good grasp on legal matters, it may all change once you are involved in an accident and need professional guidance. An experienced motorcycle accident attorney can help provide you with legal advice that allows you to seek the most compensation for your crash. Also, an attorney can explain how the process of filing a legal claim works. Keep in mind that it’s not always easy to file a motorcycle accident claim. While the process isn’t impossible to do by yourself - and there is no law stating that you have to get a lawyer to file a claim - a motorcycle accident attorney can make the process so much easier!

This is because different accidents may require different legal actions. Your attorney might be able to help you determine whether or not your case is likely to settle in court. No matter what path you choose to take after a motorcycle accident, an experienced personal injury lawyer can help you determine your best action plan. You don’t even need to take the attorney’s advice. However, meeting with one after an accident provides you with options you didn’t have before.

For example, a qualified motorcycle accident attorney can answer questions you have about your claim - and many times, they will do this for free. Keep in mind that there is a reason why lawyers have to spend so many years in school! They have a lot to learn about the law and the legal system in America, and this takes time. Most people do not know how to file a legal claim, collect compensation, or other processes that are involved with a motorcycle accident. It’s very common to have questions about the legal system, and lawyers are there to help you. It’s also best to at least console a professional attorney anytime you have questions instead of looking this information up online yourself, which can be wrong and may lead you down the wrong path.

Here are some other ways in which a motorcycle accident attorney can help you:

     1. They will investigate and document your motorcycle accident case.

A motorcycle accident attorney’s job (should you hire one) is to gather the facts and evidence pertaining to your individual crash and use this information to provide the truth. A lawyer can help you gather the paperwork, documentation, and information required to strengthen your case and increase your settlement compensation. Lawyers are trained to take several steps to prove their client’s innocence during a motorcycle crash and ensure proper treatment.

Here is what a lawyer should be able to do for you:

     2. They will handle the insurance companies for you.

If you’re in a motorcycle accident and sustained serious injuries, the last thing you’ll want to do is deal with the insurance companies. An insurance adjuster's job is to find ways to avoid paying you, even if you are entitled to compensation. Most people don’t realize that a motorcycle accident doesn’t always mean you will go to court. Some people will receive compensation from the insurance company after a motorcycle accident without entering a claim into the legal system at all. While it’s possible to settle a claim with an insurance company after an accident without a lawyer, it’s not always a good idea.

This is because it can be very hard to negotiate with the insurance company by yourself. You may be able to work with your own insurance company since you are paying for their service, but it can be very challenging to work with someone else’s insurer if they are at fault. The opposing insurance agency will likely try everything to get out of paying you, and this is why having a lawyer is handy. It’s very common for insurance agencies to try to lowball motorcycle accident survivors with settlement offers. They will also drag out your settlement so long that you will take anything they offer you. Your lawyer knows the law and will be able to fight the insurance company so that they offer you a fair settlement in a reasonable amount of time.

     3. They will be able to file a claim for you.

If your motorcycle accident requires you to file a claim, then it’s imperative to hire a lawyer. While it’s not required by law to get a lawyer to represent you in court, it’s a very good idea. It’s very likely that your motorcycle accident case may need to go to court if you cannot settle with the insurance agency. If hired, an experienced motorcycle accident attorney will stand by you every step of the way if your case goes to court, which can be a long and confusing process. A good lawyer will be able to file a motorcycle accident lawsuit on your behalf. They will also take care of all legal aspects and speak on your behalf in court, ensuring the best possible outcome.

     4. They can represent you in court.

If your motorcycle accident claim doesn’t settle out of court, and the insurance company refuses to pay what your claim is worth, then you might have no other choice but to take it to court. Motorcycle accident attorneys don’t just help you file a claim or lawsuit. They will also represent you in court. If you hire a motorcycle accident lawyer, you will not have to go through the trial process alone. In fact, your attorney will help provide you with the legal direction you need to make the most of your case. Keep in mind that it’s rarely ever a good idea to represent yourself in court. Some experienced legal professionals do, but even then - they may work with a lawyer.

     5. They can help ensure that you recover properly.

Think of your motorcycle accident as a long-term investment. The best way to ensure you will have time to heal is to focus on yourself while your lawyer deals with the insurance company and other legal aspects of your claim. It’s hard to recover properly if you are always worried about the legal aspects of your claim or accident. Keep in mind that the word “recovery” does not just refer to physical healing either. It refers to your mental and financial recovery as well. The best way to free up your time so that you can concentrate on the healing process is to hire an attorney. This will allow you to focus your energy on getting better.

person riding motorcycle at sunset

What Type of Lawyer Handles Motorcycle Accident Cases?

Some people think that anyone with a law degree can help you with your motorcycle accident case. However, this is not always true. Attorneys that work in fields other than personal injury cases should not be used for your motorcycle accident claim. This is true even if you hired an attorney before and you enjoyed working with them. Just because they were able to help you last time does not mean that they are a suitable pick for your personal injury case. It’s always best to make sure your motorcycle accident attorney is a personal injury lawyer.

A common mistake that many people make when filing a motorcycle accident claim is that they look for help from an attorney that does not specialize in motorcycle accidents or personal injuries. For example, an attorney who specializes in criminal defense is not always qualified to help you with your personal injury case. This is because these are two separate areas of law, and each lawyer is trained in their respective fields. Hiring a personal injury lawyer for your motorcycle accident claim is the best way to ensure that your attorney will have the skill level needed to provide value to your case.

Keep in mind that due to the complexity of the various legal fields, attorneys have to spend years learning the specific processes, rules, and nuances of their field to master them. Some attorneys that work in fields other than personal injury law may think that they know this area of law, but they will not be able to handle your case with the same expertise as a lawyer who was trained specially in personal injury. Think of it this way - you wouldn’t see an eye doctor for a heart condition. So don’t see anyone other than a personal injury attorney for your motorcycle accident! Doing so might cost you a settlement or you may lose your case if it goes to court.

The other thing you’ll want to remember is that you should look for a motorcycle accident attorney - not a car accident attorney. Just because you’ve found a personal injury lawyer doesn’t mean that they are a jack of all trades. It’s best to find someone with experience in taking motorcycle cases. Some personal injury lawyers have experience in car accidents but not motorcycle crashes, and while this can seem like it doesn’t matter, there are several key differences when it comes to knowing how to handle your case properly. An attorney who is trained in motorcycle accident claims will always be able to help you better than someone who has only worked with car accident victims.

Motorcycle Accident Attorney vs. Car Accident Attorney: What’s The Difference?

Getting in an accident is scary no matter what type of vehicle or motorcycle you’re operating at the time. Injuries that occur due to an accident on the road can cause you to pause your life while you recover and try to figure out how to pay for medical expenses. Many people assume that a motorcycle crash is handled the same way as a car crash, but this is not always true. Additionally, it’s imperative that you find an attorney who specializes in motorcycle accidents and not car accidents as there is a fundamental difference between these two cases, and hiring the wrong attorney could cost you the case.

Here are some reasons why you need to hire an attorney who specializes in motorcycle accident cases and not just any personal injury lawyer:

     1. Motorcycle riders are unfairly judged.

It’s unfortunate that motorcyclists are stereotyped and unfairly judged as being reckless when this is simply not true. In fact, the opposite is usually true as motorcyclists are often safer drivers because they do not have access to phones while riding and are constantly looking out for distracted drivers. However, not all accidents are avoidable, especially when you are on a motorcycle.

Keep in mind that if your case goes to court, you may face jurors who have unfair stereotypes against bikers based on past experiences or stereotypes. An experienced motorcycle accident attorney can help overcome this unfair judgment by exposing biases toward motorcyclists during jury selection to eliminate jurors that may be biased and prove that you are a responsible driver.

     2. Jurors do not have a basic understanding of motorcycles.

Many jurors do not have a basic understanding of motorcycles and how they are driven. They also do not know how riders are supposed to react to situations on the road. This means that if your case goes to court, you’ll need a motorcycle accident attorney who can explain to uninformed jurors the basic rules of riding and what happens on the road. A juror needs to fully understand who is at fault during a motorcycle accident and distinguish between the different degrees of responsibility for injury compensation.

Therefore, it’s important to hire a motorcycle accident lawyer who can explain to the jury the fundamental knowledge of safe motorcycle riding practices. For example, your lawyer can explain that speed creates stability on a motorcycle because the jury may think that speed is a form of reckless driving if they are not familiar with motorcycle practices. An experienced motorcycle accident attorney can explain this and other rules of the road to the jury to help prove your case.

     3. Motorcyclists suffer from more serious injuries.

Motorcycle accidents tend to lead to more severe injuries for the rider because there is limited protection on a bike. For example, a car has doors and airbags to protect the driver during a collision. Motorcyclists are often exposed to the elements of the road and they have no protection if they get into an accident. In many cases, permanent and serious injuries occur as a result of a motorcycle accident. Therefore, hiring a motorcycle accident attorney who specializes in these types of injuries is crucial to have if you get into a crash and need help.

It’s especially important to hire a motorcycle accident attorney if you suffered from road rash because this is a type of injury that is more common in riders. Road rash can lead to broken bones, bruises, sprains, and many other serious conditions as a result of the rider coming in contact with the road while in an accident. A motorcycle accident attorney can properly calculate the money you will need for treatment from road rash and other injuries.

     4. Insurance companies are biased against motorcyclists.

Insurance companies tend to have stereotypes against motorcycle riders, just like jurors do. Many people who have been injured in a motorcycle accident seek the help of a motorcycle accident attorney because they realize that the insurance company is not acting fairly and has unfair assumptions against riders. For example, if you are partially at fault for the accident, the insurance company will try to deny your claim. They will do anything they can to NOT pay you, even if you need medical help, and are entitled to compensation. Some states claim that a motorcycle accident victim is entitled to compensation even if they are partially responsible for the accident.

A motorcycle accident attorney can make sure you are being treated fairly by the insurance company. Attorneys are trained to understand the obstacles that occur when it comes to proving fault in a motorcycle accident, and they have the skills to overcome these challenges. The bottom line is that you should not make the mistake of thinking that a car accident attorney can provide the same value as a motorcycle accident attorney if you are in this type of accident.

person riding motorcycle

What To Look For in a Motorcycle Accident Attorney 

There are several qualities you will want to look for in a motorcycle accident attorney. The first thing you’ll want to determine is whether or not the attorney has time for you. This might seem like a given. However, some personal injury lawyers may have a lot of clients at the time and may not be able to communicate with you or give you the time you deserve. For example, if you contact your lawyer, how soon should they contact you back? If your lawyer doesn’t have time for your case, then it doesn’t matter how qualified they are.

You will also want to make sure that the lawyer you hire is the one you will be working with. Some large law firms may have you meet with their most experienced lawyer initially, but then they will have interns and other inexperienced lawyers work on your case. Anytime you meet with a lawyer, especially one from a big law firm, always confirm that the lawyer you want will be the only one working your case and that you won't have a team of lawyers working for you - unless that’s what you prefer!

You may also want to ask your lawyer if they have time to represent you in court if it goes that far. The last thing you want is to work with one lawyer and then have a completely new lawyer for your court hearing. There are lots of motorcycle accident attorneys out there, so don’t be afraid to interview a few before finding one you like. Many of them will offer a free consultation or at least chat with you on the phone. This is a good time to ask a few questions before sitting down to meet with them. You’ll want a lawyer with experience, drive and focus, and proven results.

Here are some things to look for in a lawyer:

Keep in mind that many lawyers offer a free consultation to determine if they are a good fit for your case. It’s a good idea to meet with several attorneys to find the right one for you. Be sure to ask specific questions about how they plan to handle your case and what makes them different or more successful than other lawyers. Also, be sure to ask if they have the time to work with you or if they will need a team of lawyers to handle your case. It’s a good idea to make sure your lawyer is on board if your case does not settle out of court and requires a trial. You should treat any free consultation with a lawyer like a job interview. If they talk down to you or make you feel like your case is not a priority to them, then find a new lawyer who treats you better!

attorney discussing with client

Common Types of Motorcycle Accident Injuries

Riding a motorcycle can be a very dangerous way to get around. It doesn’t matter if you are very careful riding and have taken every precaution possible. There are some situations in which an accident is unavoidable; even if you have done everything you could to stay safe. Most motorcycle accidents involve another vehicle. It can be hard for many drivers to see you on a motorcycle simply because they are distracted and are not looking or watching the road.

Additionally, many drivers only seem to pay attention to oncoming cars and not necessarily bikes, making you (as the motorcycle rider) even more of a target. Any time you are involved in a motorcycle crash, you should call a lawyer - even if you did not sustain serious injuries. This is because your injuries may become worse over time, as many injuries take a few days to become noticeable. The insurance company may find it suspicious if you did not take legal action right away after being hit by a car. You may even feel fine after an accident only to realize that your back or neck hurts a few days later and you need to take time off work for medical help. 

Here are some of the most common types of motorcycle accidents injuries:

person visiting doctor

How is Fault Determined in a Motorcycle Crash?

When you first speak to a motorcycle accident lawyer, they will want to determine who is at fault. Your lawyer will do this by going over the motorcycle crash in detail to see who is responsible, including going over witness statements, police reports, photos from the scene of the accident, security video footage, and more. The lawyer will also strongly rely on you to recall the exact details of the event. Calling a lawyer while these details are fresh in your mind is the best way to prove that you are not at fault. Contacting a lawyer right away also means that you’ll have a better chance of collecting the evidence you need for your case.

Here are some examples of situations in which your lawyer can help prove that you were not at fault for your motorcycle crash:

Keep in mind that after a motorcycle crash, you (as the motorcyclist) will likely be viewed as the person at fault. This is because insurance companies will look for many reasons to call you a careless or reckless rider. If the insurance company finds that you are at least partially responsible for the accident, they will try to deny you a settlement or compensation for your accident. However, hiring a lawyer is the first step to proving that you were not at fault. A motorcycle accident attorney can also help you stand up to the insurance company when they try to claim that you are at fault or contributed in some way to the accident.

man sitting on motorcycle

How Much Does A Motorcycle Accident Attorney Cost?

Motorcycle accidents often leave those who have been hit with serious injuries, which means high medical fees as well as weeks, months, or even years of missed work. The thought of hiring an expensive lawyer might seem like something you can’t afford. However, keep in mind that a lawyer can help you get as much money from the insurance company, making them an investment you can’t afford NOT to make. Additionally, lawyers do not cost anything upfront.

This is because motorcycle accident lawyers work on something known as contingency. Working on contingency means that the lawyer only gets paid if they win or settle your case. If your lawyer wins your settlement or a monetary reward from the insurance company, then they will take a percentage of what you win as their fee. This means that you will never have to pay them out of pocket, and the money that a lawyer makes always comes from the settlement offer, which is great motivation for your lawyer to work as hard as they can for you!

If the motorcycle accident attorney does not win your case, then there is no fee for you to pay them. This allows you to focus your efforts on healing and recovering from your accident without having to worry about how you’re going to afford your lawyer. It also ensures that your lawyer will work extra hard because the more money you settle on, the more money your lawyer makes. The contingency fee - or the amount your lawyer takes from your settlement money - may vary depending on the lawyer and law firm they work for. However, most motorcycle accident lawyers will take between 33.3% and 40% of whatever you win.

In some cases, a motorcycle accident attorney will use something called a sliding scale for their contingency fee that may vary depending on what you use your lawyer for. For example, if you only need your lawyer for a small task, such as sending a demand letter, and they settle your claim very early on, then they may only charge a small amount on the lower end of the sliding scale. However, if you file a motorcycle accident lawsuit and your case goes to trial, then your attorney may charge the full amount of 40% as it will take up a lot of their time.

If you’re wondering how much it costs to hire a motorcycle accident attorney, don’t assume anything as each lawyer may have different rates. Be sure to ask about their fees and what they will take from your settlement when you meet with them during your free consultation. Some attorneys may charge for small details that you will need to pay out of pocket even if your lawyer does not win a settlement for you. This is because there are legal fees associated with gathering evidence, such as fees for the following:

Most of the time, your lawyer will cover the costs of these fees as they pop up. Then they will deduct this from your settlement when they win your case. However, some lawyers will charge you for these fees upfront, which is rare - but you’ll want to ask your lawyer how they handle these fees before they pop up. Get a clear understanding of how your lawyer handles fees when you meet with them during your free consultation so that they don’t become a problem later on. Also, you will want to find out how your lawyer will handle these fees if your case is not settled. Will you have to pay them? Does your attorney waive them? Be sure to ask these questions as you could be left paying for them out of pocket.

person pulling money out of wallet

How To File A Claim After A Motorcycle Accident

After a motorcycle accident, there are two types of claims you can file. The first is a personal injury claim. In many states, motorcycle riders are not required to have personal injury protection (PIP) insurance like cars. Therefore, if you get hurt in an accident, you will likely need to file a personal injury claim against the other driver’s insurance company to cover the costs of your medical expenses and time off work. Also, if you have Med Pay coverage, then you can file a claim with your own insurance company to help cover medical expenses.

Personal injury claims are designed to help you collect on damages caused by injuries you sustained during the accident. This may include money to help pay for medical bills, permanent injuries and scarring, lost wages from having to take time off work to see a doctor, physical pain and suffering, emotional and mental distress, and future anticipated losses, such as having to see a doctor several times a week for treatment.

The second type of claim that you can file after getting into a motorcycle accident is a property damage claim. If you have collision insurance, then you can file a claim with your own insurance company to help cover any property damage to your motorcycle. If you do not have collision insurance, then you can file with the other driver’s insurance company. This is why it’s important to hire a motorcycle accident lawyer as working with the other person’s insurance company can be difficult and they will try everything in their power not to pay you.

A property damage claim can help you get compensation for damage sustained to your motorcycle during the accident. You can also file a property damage claim to cover the cost of towing for your bike (from the scene of the accident), rental car expenses if you need to rent a car temporarily, and any damage to personal items that may have been involved in the accident, such as your phone, laptop, or other electronics that may have been damaged during the crash. Keep in mind that sometimes an insurance company will decide that it’s cheaper to replace your motorcycle than to fix it. This decision is made based on the bike’s fair market value.

When you’re ready to file a claim, you’ll want to start by gathering as much information about your case and accident as possible. If you hire a lawyer, then they can do this for you. The information that your lawyer collects will serve as evidence for your claim. It will help demonstrate that you deserve the full amount of compensation. Your lawyer will also communicate with the insurance company and at-fault parties to file a claim on your behalf. Hiring a lawyer is essentially the best way to file a claim because this ensures it will be done properly.


Q: What can a motorcycle accident attorney do for me?

A: You might wonder if hiring a motorcycle accident attorney is worth it. Most people would welcome legal help from a trained professional, but they worry about lawyer fees. However, as we mentioned above, there is no upfront fee associated with hiring a lawyer. In other words, attorneys do not get paid until they win your case.

Hiring a motorcycle accident attorney can help protect you from the insurance company. This is because insurance companies want to make sure that they pay you as little as possible. They will try to blame you for the claim (even if you were not at fault), claim that your injuries are not that bad or did not result from the accident, or offer you a lowball settlement after dragging your case out for so long that you’ll accept anything. However, if you were not at fault, then you should not have to pay for the costs. Insurance companies do not care about this. They are only concerned about making money and they are trained to look for ways to pay you less.

A motorcycle accident attorney is trained to protect you from insurance companies and they can protect you from being taken advantage of or bullied by them. They do this by building a strong case for you by gathering evidence and negotiating with the insurance company when they try to offer you less than what your accident is worth. Hiring a lawyer means that you will have legal help every step of the way and you will not have to pay your attorney until they win your case. 

Q: Can I collect damages from a “minor” motorcycle accident?

A: Yes, you can collect damages from a motorcycle accident that did not cause major injuries. This is because most motorcycle accidents involve a “pain and suffering” component. Pain and suffering can be harder to prove than physical injuries like a broken arm, but it doesn’t mean it’s not real. Pain and suffering refers to physical and/or emotional stress caused by an accident. It’s just as important as the physical injuries that go along with it. For example, if a motorcyclist was burned as a result of the accident, they could collect money for the pain and suffering due to the burn itself, the treatment of the burn, the discomfort it caused, and any limitations it imposed on the rider’s life. The motorcyclist would also be able to collect money for the stress endured and any limitations with being permanently scarred or injured as a result of the burn.

Q: How is pain and suffering determined?

A: Because there is no standard rule for calculating pain and suffering, it’s not easy to define a clear method that insurers use. Many insurance companies will calculate pain and suffering by looking at the severity of the injuries in your accident and how permanent they are. For example, you might be entitled to more money for pain and suffering if you break several ribs than if you just bruised your arm. This makes sense as broken ribs would cause you more pain and suffering than a bruised arm. Typically, the more severe your injuries are, the more you’ll get for pain and suffering. Insurance companies usually multiply the sum of medical bills between one and five to determine pain and suffering. Your attorney will need to use their best judgment when estimating your pain and suffering. You may need to have your attorney explain and justify any pain and suffering claims you make in a demand letter to the insurance company.

Q: Why can’t I hire any lawyer for a motorcycle accident crash?

A: Hiring a motorcycle accident attorney - and not just any lawyer - is important because it means that your lawyer has legal training that specifically pertains to motorcycle accidents. Don’t assume that just because someone is a lawyer, they will be able to successfully handle your motorcycle accident claim if they have no experience in this area. Not all personal injury lawyers have experience in motorcycle accident claims, and this could cost you the case. For example, an experienced motorcycle accident attorney knows that speed is stability on a motorcycle, and they can use specific information like this to defend you in court. Remember that just because you had a lawyer in the past doesn’t mean they will be able to represent you this time. If you are in a motorcycle accident, then it’s best to work with an attorney who specializes in this area.

Q: What are the most important qualities to look for in a motorcycle accident attorney?

A: There are several things to look for in a motorcycle accident attorney. First, you will want to find an attorney near you who specializes in motorcycle law. You may see an advertisement or commercial for motorcycle accident attorneys on TV, but some of them may be located out of state or several hours away from where you live. If you hire a firm that lives out of state, they will usually refer your case to another firm near you, meaning that you might be stuck with a lawyer that you know nothing about. Finding a motorcycle attorney in your city or state means that you will be represented by a lawyer who knows the courts and judges in your area, and you’ll have better luck winning your case.

You’ll also want to ask questions to make sure the lawyer you pick specializes in motorcycle accidents. Not all personal injury lawyers handle motorcycle accidents. This is important because there are many differences between a motorcycle accident injury and other injuries - such as injuries from a car crash or work-related injuries - especially if you suffered from road rash. Be sure to ask questions to make sure your lawyer is experienced in motorcycle accident crashes.

Next, make sure your lawyer has time for you and demonstrates a good personality. You can ask around to see if your lawyer has a good reputation, which is an indication of a good work ethic. If the lawyer talks down to you or argues with you during your free consultation, then it’s a good indication that the two of you won’t get along for the legal journey. It’s also a good idea to make sure the lawyer you meet with is the one you’ll be working with for the duration of the claim. Ask questions to make sure that you’ll be working with them and not one of their co-workers. Also, make sure they have time to represent you if your case goes to trial.

Q: How long does it take a motorcycle accident claim to settle?

A: A motorcycle claim can take several weeks or months to settle, depending on several factors. In some cases, the insurance company will settle your claim out of court within a somewhat timely manner, such as a few weeks. However, this is not always the case. Insurance companies do their best not to pay you and they are notorious for dragging out cases until you become so desperate that you settle for less than what your claim is worth. Hiring a motorcycle accident lawyer can help speed up the process so that the insurance company does not try to take advantage of you. A motorcycle accident attorney can also help you if your claim does not settle out of court. Keep in mind that a motorcycle accident is much different than a car accident. There are many factors to consider and this can take longer than usual to settle your claim.

Q: What is the most common motorcycle accident?

A: The single most dangerous situation for a motorcycle rider occurs when a car makes a left-hand turn in front of them and hits them. These collisions make up about 42% of all accidents involving a motorcycle and car. They occur when the car that is turning hits the motorcycle rider when they are going straight through an intersection or passing the car. Left-hand turn accidents are also common among car accidents, but motorcycles are small in size - making them more vulnerable to becoming seriously injured during these accidents. Motorcycle accidents may also occur when the motorcyclist is trying to pass a car and they change lanes without looking. It’s almost always the driver’s fault if they hit a motorcyclist while trying to turn left. However, if the motorcyclist was speeding or was trying to pass a car in the wrong lane, then they may get less compensation for their injuries.

Q: How is a motorcycle accident settlement paid out?

A: Compensation for a motorcycle accident settlement can be paid out as a series of payments or as one large lump sum. The terms and conditions of a structured settlement can be changed to meet the needs of the motorcycle accident victim. However, once these terms are agreed upon, they cannot be changed. For example, if you agree to have your payment all at once, then you can’t change it to a series of payments over time once the terms have been settled.

If you choose a lump sum payment, then you’ll get to choose how you want to invest your money. Keep in mind that your payout is tax-free, but you will be taxed on any money you make if you invest it. Structured settlements don’t allow you to invest the money all at once, but they can be broken down to help meet the present and future needs of your family. Before choosing, you may want to consider your money management skills and long-term goals. If you think that you may misuse the lump sum, then opt to get your money in structured amounts over time. This can also help with budgeting to pay bills as they come up and not having to rely on a lump sum.

Q: Do I have to pay taxes on my motorcycle accident settlement money?

A: You will not have to pay taxes on money that you receive as part of an insurance claim settlement. This is because the IRS only taxes money you make as part of income, which is defined as money that results in you having more wealth than before. The purpose of a motorcycle accident insurance claim is to help you recover from the accident, meaning that you should only get enough money to make you whole again or return you financially to what you were worth before the accident occurred and you had to miss work. For example, if you receive a substantial payment from the insurance company to fix your wrecked motorcycle or pay for medical bills from numerous doctor visits, then it would not be taxable. However, if you invest your money and receive a profit from it, then that money is taxable.

Q: Can you get PTSD from a motorcycle accident?

A: Post Traumatic Stress Disorder, or PTSD, is common among motorcyclists who were in a severe accident. This condition is characterized by re-experiencing, flashbacks, nightmares, and thoughts about the accident that may cause the motorcyclist to become afraid of riding or being on the road again. Other symptoms of PTSD may include difficulty remembering the event, emotional numbness, depression, guilt, or avoiding certain actions and events. Motorcyclists with PTSD may become easily startled, have trouble sleeping, and become edgy or extremely angry.

Most of the time, PTDS falls under the category of pain and suffering. If you think you may have suffered PTSD from a motorcycle accident, then talk to a motorcycle accident lawyer about how they might be able to help. You may be eligible for compensation, even if you did not experience any other injuries from your crash. Proving emotional damage is a bit harder than if you have a physical injury. Because of this, you may want to hire a motorcycle accident attorney who knows how to prove in court that you are suffering from PTSD and require compensation for medical treatment, which is just as important as healing from physical injuries.

Q: Does disability cover motorcycle accidents?

A: If you have been in a motorcycle accident, then you should seek immediate medical attention, even if you think that you did not sustain any immediate injuries. Motorcycle accidents can cause trauma that puts you into a state of shock, which can delay the feelings of pain that indicate you have an injury. Many motorcycle accident injuries do not become noticeable until hours, days, or sometimes even weeks after the accident. Brain trauma is an example of a motorcycle accident injury that is not always obvious, and it can only be diagnosed by a doctor. Immediate action is critical to prevent permanent brain injuries due to a motorcycle accident.

Most motorcycle accidents result in some sort of injury, including road rash, internal injuries, fractures, or pain and suffering. No matter how insignificant the injury may seem, proper medical treatment can help you avoid permanent disability after a motorcycle accident. Getting medical help after a motorcycle accident can also ensure you took proper measures after the accident, and - if your case goes to trial - this can be proof that you really are injured and will help you while filing for disability insurance. The first step to filing disability insurance is to make sure you are eligible. Be sure to record any information about the accident as soon as possible after it happens. Then you will need to file an application for disability or social security at the Social Security office, online, or through email. Your personal injury lawyer can help you with this.

On top of being painful and emotionally distressing, being injured in a serious car accident can be very expensive. A car accident victim can be left dealing with steep medical bills and immense property damage costs after their accident. Often, people who have been seriously injured in a car accident also have to take time off of work to recover, causing their mounting expenses to become even more burdensome. 

While being injured in a car accident can create an immense financial burden, California injury victims have legal options that may help ease this burden. California law allows victims to pursue compensation for these types of losses if another party was entirely or partially responsible for their injuries. But is it worth it to hire a car accident lawyer? How much does a lawyer charge for a car accident case?

In California, most car accident lawyers charge their personal injury clients on a contingency fee basis. Essentially, a contingency fee is a percentage that an attorney takes from their client’s final compensation. In a pure contingency fee arrangement, the client pays no upfront fees or hourly fees. They only pay a percentage of their final settlement amount or jury settlement (in the event their case goes to trial). 

Below, we’ll take a more in-depth look at how attorneys charge for car accident cases. We’ll go over how contingency fees are different from other lawyer’s fees, how contingency fees work, and typical contingency fee percentages. At the end of this article, we’ll also answer a frequently asked question: is hiring a car accident attorney actually worth paying contingency fees? 

Contingency Fees vs. Other Legal Fees

When a lawyer is paid on a contingency fee basis, they don’t get paid legal fees unless they settle or win their client’s case. This can be extremely beneficial for an accident victim who is in need of legal representation. A contingency fee arrangement allows injury victims to easily pursue compensation for their losses, even if they can’t afford upfront fees in the wake of their accident. Contingency fees also create added incentive for an auto accident attorney to maximize their client’s settlement amount or jury winnings, as doing so will also maximize their final fee amount.

Notably, contingency fee arrangements are not the most typical fee arrangement used by lawyers. The most common fee arrangement used by attorneys is an hourly fee arrangement, in which lawyers charge their clients an hourly rate. Another common type of legal fee is a flat fee. For certain simple legal tasks, like creating a will or overseeing a real estate closing, a lawyer may charge a flat fee. 

While contingency fee arrangements aren’t the most common legal fee arrangement in general, they are the most common fee arrangement for personal injury cases like car accident cases. Lawyers generally wouldn’t charge a flat fee for handling an auto accident case. Then, an attorney could charge an hourly rate for taking on a car accident case, but this is much rarer than using a contingency fee arrangement. 

Contingency Fees and Case Expenses

woman counting money

Pursuing a car accident claim or car accident lawsuit can come with expenses. For example, a car accident case could involve filing fees, court fees, costs associated with serving summonses, costs associated with obtaining medical records and police reports, or expert witness fees. 

The accident victim is responsible for paying for the expenses associated with their case, but when and how these expenses are paid can vary. Some car accident attorneys may require their clients to pay these fees upfront as they come. Other law firms may decide to take on these expenses up front, then deduct them from your settlement amount. Then, some firms may even pay these fees outright and consider them a cost of doing business. 

Before you hire an auto accident lawyer, make sure you understand and are happy with how they handle case expenses. Also, be aware that, traditionally, lawyers take their percentage fee from your net settlement amount, which is the amount you receive after any case expenses are deducted. Some attorneys may try to take their percentage from the gross settlement amount pre-deduction, but be aware that this is not the norm. If you’re speaking to an attorney who wants to take their fee from your gross settlement amount, you should consider objecting and insisting on the standard net settlement percentage agreement. 

Typical Contingency Fee Percentage in a Car Accident Case 

So, it’s common for personal injury attorneys to use contingency fee arrangements. But what type of contingency fee percentage should a client expect to be charged? 

There’s no standard contingency fee percentage and every personal injury law firm can choose its own rate. With that said, between 25 and 40 percent is a typical range. A third, or 33 percent, is a very common contingency fee percentage. 

Note that some car accident lawyers will have a set percentage when handling any personal injury case, but others may have different percentages depending on case outcomes. For example, an attorney may charge a lower percentage when a car accident claim results in a quick personal injury settlement with an insurance company. That same attorney may charge a higher percentage if they need to take a case to trial to get a good outcome for their client. 

Is Hiring a Car Accident Attorney Worth the Cost? 

lawyer sitting at desk

Generally, the more severe the car accident, the more worthy it is to hire a car accident attorney. If you’ve only sustained minor injuries in a fender-bender type accident, you may be perfectly happy negotiating with insurance company adjusters on your own. However, if you’ve been seriously injured in a car accident, you may be much happier with your personal injury case outcome if you hire a lawyer. 

An attorney who has an expert understanding of personal injury law can work to ensure that their client receives fair and appropriate compensation for their losses. When a victim has substantial costs associated with their injury, appropriate compensation from the liable party can be crucial for the victim’s financial recovery and overall wellness. An experienced auto accident lawyer can fight to make sure their client recovers compensation for their medical bills, lost wages, pain and suffering, loss of quality of life, and more. By working hard to maximize the settlement offer their client receives, a personal injury attorney can help their client obtain the resources they need to recover physically, emotionally, and financially. 

If you or a loved one has been seriously injured in a car accident in California, reach out to the expert personal injury lawyers at LA Lawyers Group today. A member of our law firm can provide you with a free case evaluation and help you understand your options. 

Call LA Lawyers Group at (213) LAWYERS now to receive your free consultation with our personal injury law firm.

In California, victims in personal injury cases can be entitled to recover compensation for their losses, like their medical bills or their pain. Legally, this compensation is called compensatory damages. There are two types of compensatory damages that are typically available in a California injury lawsuit: special damages and general damages. 

Though the name “special damages” makes this type of compensation sound rare, special damages are actually the more standard and straightforward type of personal injury compensation. To help our readers understand this commonly awarded type of compensation, below, we’re putting a spotlight on special damages. Read on to learn what special damages are, how special damages differ from general damages, and the most common types of special damages. 

Special Damages vs. General Damages 

Special damages are also called economic damages because they’re awarded for quantifiable monetary losses. Essentially, special damages compensate an injured person for their unique (or “special”) financial losses. An example of something that would fall into the category of special damages is the cost of a surgery an injury victim needed after they were harmed. 

The other main category of compensatory damages is general damages, which can be much harder to calculate than special damages. General damages, also called non-economic damages, compensate a victim for their intangible losses. This may include things like pain and suffering, disfigurement, emotional distress, loss of companionship, or embarrassment. Putting a dollar amount to these types of losses can be challenging, which is why hiring a skilled personal injury attorney who understands what these types of damages are worth is crucial if you want to maximize the compensation you recover in your personal injury case. 

Types of Special Damages Available in a Personal Injury Case

Special damages can be awarded for any tangible economic loss that a victim suffers due to the negligent or malicious actions of the at-fault party. Some common special damages include compensation for medical expenses, lost wages, lost earning potential, caretaking costs, and property damage. 

Medical Expenses 

The medical expenses associated with a serious injury can be an incredible burden on an injury victim. But if your injury was the fault of another party, you can pursue compensation for all of the out of pocket medical expenses that are related to your injury. Special damages for medical care can include compensation for:

Of note, victims in personal injury cases can pursue compensation for not only their past and current medical expenses, but also their future medical expenses. In severe or catastrophic injury cases, an injury victim’s future medical expenses can be exorbitantly expensive in ways the victim cannot currently imagine. That’s why it’s extremely important for severely or catastrophically injured persons to seek the counsel of an experienced personal injury attorney who can help ensure that all of their future medical expenses are included in their special damages calculations. 

Lost Wages 

Victims who sustain minor injuries may only miss a day or two of work. Victims who have sustained serious injuries, on the other hand, may end up missing many days of work due to hospitalization or a long recovery time. Regardless of how little or how much work an injury victim misses, they may be entitled to compensation for the past or future wages they lose due to their injuries. 

Loss of Earning Potential 

In certain cases, an injury victim may be unable to return to their normal line of work. For example, a factory worker may be unable to go back to their physically demanding job after sustaining a spinal cord injury. In situations like these, the injured party can pursue compensation for their lost earning capacity. They may also be able to recover related damages for the cost of things like needing to return to school to pursue a new profession. 

Caretaking Costs 

If a person has been severely injured, they may no longer be able to do normal domestic activities in the way they once could. For example, a person may be unable to clean their home, do yard work, or care for their children full time due to their injury. In some cases, other family members can help an injury victim care for their home and family. In other cases, the injury victim may need to hire outside help, in which case they can pursue damages for things like house care, child care, and yard maintenance. 

Property Damage 

California personal injury law allows victims to pursue compensation for property damage that’s related to their injuries. Compensation for property damage is common in car accident cases, since injury victims may also have been in a vehicle at the time of their injury. However, you could potentially pursue damages for any property damage that is related to your injury. For example, if your prescription eyeglasses or your phone were broken in the same accident that injured you, you may be able to recover compensation for the cost of replacing these items. 

Get Help From a California Special Damages Attorney Today 

If you or a loved one has suffered an injury due to the negligence or maliciousness of another party, contact LA Lawyers Group today for a free case evaluation. Our compassionate and experienced personal injury lawyers are dedicated to fighting for the rights of injury victims across Southern California. Our team looks at each personal injury claim individually in order to ensure we pursue the maximum possible compensation our clients are entitled to per California law. Our team has helped California injury victims recover compensation for their medical bills, lost wages, lost earning potential, pain, suffering, loss of quality of life, and much more. 

Call LA Lawyers Group at (213) LAWYERS now to receive your free consultation with our personal injury law firm.