Electrical injuries can be devastating, causing severe pain and prolonged illness, and sometimes it is fatal. If you’ve been the victim of an electrical shock due to a faulty gadget, you might be eligible for reimbursement for your wounds. You will need help to recover the financial resources required to move forward.
In this article, we will guide you through the process of attaining reimbursement and legal path.
Understanding Electrical Injuries from Faulty Products
While some faulty products might deliver a minor shock, others can cause severe burns and muscle damage and disrupt your heart rhythm. The danger depends on the current’s type (AC or DC), high voltage, and the route it takes across your body. Faulty products can put you at risk in various ways, from exposed wires to malfunctions that cause overheating.
Research by NFPA says that there were 126 fatalities in 2020 due to electrocution. Although the number of deaths due to electrocution has decreased over the last few decades, non-fatal injuries are quite prevalent.
The 2011-2022 data published by the Electrical Safety Foundation, states there were 2220 non-fatal injuries, involving days away from work. If you experience any electrical incident while using a product, even a tingling sensation, seek medical attention immediately.
Identifying Liability: Who Can Be Held Responsible?
In most cases, the product manufacturer is the primary target. They have a legal duty to confirm their gadgets are safe for use. Retailers selling faulty products may also share responsibility, especially if they fail to warn consumers about known defects or continue to sell recalled items.
In some situations, even the product installer could be liable if improper installation contributed to the electrical malfunction. A lawyer specializing in product liability claims can help you navigate the complexities of the entire case.
According to the NSC Injury Facts, approximately 12.7 million civilians visited the emergency department in 2022 for injuries resulting from faulty products. Most of the injuries resulted from the use of everyday products that appeared safe to use. The injuries were seen mostly in vulnerable populations like elderly people and children.
Steps to Take Immediately After an Electrical Injury
In the aftermath of an electrical injury, ensuring your protection and seeking first aid are important. If the person is still electrocuted, prioritize turning off the power or safely pulling the plug. Do not touch the person directly; use a non-conductive object to free them.
Call emergency services immediately, especially for high-voltage shocks, unconsciousness, or any concerning symptoms like burns, difficulty breathing, or muscle spasms. Even for minor shocks, seek medical evaluation, as internal injuries can manifest later. Remember, your health is the priority, so don’t hesitate to seek professional care.
Consulting with a Personal Injury Lawyer
TorHoerman Law states that defective product liability is the legal responsibility of the manufacturers or retailers to compensate for defects in goods purchased. The defect in their product led to an injury. The injured can be buyers, users, and even bystanders.
Consulting with a veteran attorney experienced in product liability cases is crucial after an electrical injury from a faulty product. This lawyer can assess the strength of your case by examining the product, medical records, and evidence of the incident. They will explain your legal options, including pursuing reimbursement for medical expenses, missed salaries, discomfort, and potential future medical needs.
An experienced personal injury lawyer will converse with the manufacturer’s insurance provider on your behalf, aiming to secure a fair settlement. If necessary, they will represent you in court to fight for the compensation you deserve.
Don’t hesitate to discuss your case with several lawyers to find one you are compatible and confident with. Remember, this is a crucial conclusion that can considerably impact your recovery.
Building Your Case
Constructing a strong case for reimbursement after an electrical injury requires collecting evidence. You need to demonstrate the product’s defect, how it caused your injury, and the extent of your damage. This evidence can include:
- The faulty product: Keep it in its original condition, if possible. If the product was damaged during the incident, take photographs or video footage.
- Medical records: Gather all your medical documents related to your electrical injury, including doctor’s reports, test results, and medication prescriptions. These will document the severity and cause of your injuries.
- Incident report: If the electrical injury occurred at work, obtain a copy of the workplace incident report.
- Witness statements: If anyone witnessed the electrical incident, obtain written statements describing what they saw.
- Proof of damages: Document all financial losses from your damage, including hospital bills, lost income, and any modifications to your home or vehicle.
Negotiating a Settlement
Negotiation is often the preferred route to resolving an electrical injury claim. The lawyer will handle communication with the manufacturer’s insurance company, presenting your case and the evidence you’ve gathered.
While an initial settlement offer might be tempting, your lawyer will negotiate to secure the maximum compensation you deserve. This includes medical expenses, missed salaries, discomfort, potential future medical needs, and any disability.
As stated by Forbes, only 4-5% of personal injuries go for trial. Around 95% of the cases end up with settlement only. The reason is the lengthy and time-consuming trial process. However, you can reject an unfair settlement and take your case to trial if necessary.
Preparing for Trial if Necessary
While settlement is often the goal, some electrical injury cases may require litigation. If necessary, your lawyer will take the lead in preparing for trial. This includes meticulously organizing all the evidence you’ve collected, preparing witnesses for testimony, and researching relevant case law to strengthen your position.
You’ll also be involved in practicing your testimony to ensure clear and confident delivery in court. The trial process can be stressful, but with a skilled lawyer by your side and thorough preparation, you can increase your chances of success.
Frequently Asked Questions
How do I prove that a faulty product caused my electrical injury?
To prove a faulty product caused your injury, you’ll need evidence that the product is defective. Medical records showing the electrical injury and potential expert opinions linking the defect to the shock are a few requirements. A lawyer can help collect this evidence and construct your case.
Do I need a lawyer to pursue compensation for an electrical injury?
While not always mandatory, a lawyer is strongly recommended for electrical injury claims. They know how to navigate intricacies, negotiate effectively, and fight for the compensation you deserve.
What kind of compensation can I pursue for an electrical injury?
After an electrical injury, you can seek compensation for medical expenses, lost salaries, and discomfort. A lawyer can also fight for reimbursement for future medical needs and any prolonged impact the wounds have on your life.
The Road to Recovery
Electrical injuries can be life-altering events. By understanding your rights and taking the steps outlined above, you can seek the compensation you deserve to recover from your injuries. Consulting with a personal injury lawyer experienced in product liability cases is crucial for navigating the specifics and maximizing the chances of success.
