Were you injured while using a defective consumer product in Morgantown, WV? Call Farmer, Cline & Campbell Personal Injury Lawyers at (304) 225-5990 for legal assistance today. During a free consultation, our Morgantown product liability lawyers can explain your right to seek compensation for medical bills, lost wages, and more.
Backed by 315 years of combined experience in personal injury law, our team has helped clients recover hundreds of millions of dollars on behalf of injury victims and their families.
Today, we’re here to help you stand up to the powerful product manufacturer and fight for the money you need and deserve. Reach out to our law offices in Morgantown, West Virginia, to learn more about what we can do for you.
How Can the Team at Farmer, Cline & Campbell Personal Injury Lawyers Help With a Product Liability Claim in Morgantown, WV?
Clients have trusted Farmer, Cline & Campbell Personal Injury Lawyers to protect their interests since we opened our doors 30 years ago. That’s for good reason. Our Morgantown personal injury attorneys have been recognized nationally and locally for our success.
Some examples of our accolades include:
- An AV-Preeminent rating from the Martindale-Hubbell lawyer rating service
- Listing among The National Trial Lawyers Top 100
- Super Lawyers designation
We’ve also been recognized with over 700 Google ratings from our clients themselves.
Expect the manufacturer and their defense team to fight your claim at every turn. When you hire our team, they’ll know you won’t back down until you get a fair deal. We’re recognized for our top-quality legal representation. The defense team will recognize our name when you hire our team.
Are you ready to learn more about your legal options? Call our Morgantown product liability attorneys today for a free case review.
What Is Product Liability in West Virginia?
Product manufacturers have a responsibility to ensure the products they sell are safe. This is a legal duty that applies whether the company is big or small.
When they sell defective products, companies can be held legally responsible for injuries or deaths resulting from these defects.
West Virginia product liability laws are typically strict liability laws. This means product manufacturers can usually be held liable even if you can’t prove they were negligent.
How Much Compensation Can I Get By Filing a Product Liability Claim in Morgantown?
The value of your personal injury case depends on many distinct factors, including:
- The type and severity of your physical injuries
- The extent of your required medical treatment
- The value of any income you’ve lost during recovery
- The permanence of your injuries
- How the injury is expected to impact your future earning power
- How your quality of life has changed
- Whether you are being blamed for your injuries
- Available insurance coverage
Hiring a respected Morgantown personal injury lawyer is the best way to ensure your case value is properly calculated. Our attorneys often work with experts who can testify as to the value of hard-to-value losses, as well as your anticipated future costs.
What Types of Damages Are Available in a Successful Product Liability Case in Morgantown?
When you file a product liability claim in West Virginia, you’re entitled to pursue compensation for economic damages and non-economic damages.
Collectively, these are called compensatory damages, and can allow you to recover compensation for things like:
- Past and future medical expenses
- Rehabilitation
- Nursing care
- In-home assistance
- Home and vehicle modifications
- Lost wages
- Reduced earning potential
- Property damage
- Pain and suffering
- Emotional distress, depression, PTSD, and anxiety
- Diminished quality of life
- Physical disfigurement or scarring
- Loss of consortium
Courts in West Virginia have the authority to award punitive damages only in limited circumstances. When there is clear and convincing evidence that a defendant acted with malice or an outrageous disregard for your safety, our attorneys will pursue punitive damages solely as punishment for the wrongful conduct.
What Happens to My Right to Recover Compensation if I’m Being Blamed for a Product Liability Injury in West Virginia?
It can affect your compensation award because West Virginia has a modified comparative negligence law.
Under this rule, you typically remain entitled to partial compensation if your share of fault is less than 50%. Your compensation award in these situations is usually reduced by the percentage of fault assigned to you. If you are found to be more than 50% responsible for your injuries, then
In product liability cases, defendants often try to blame victims for using the product improperly. That doesn’t automatically bar you from recovering damages even if it’s true. Companies could potentially be held responsible for injuries caused by the misuse of their products if that improper use was reasonably foreseeable.
How Much Does It Cost To Hire a Lawyer to Handle a Product Liability Claim in Morgantown?
Our team at Farmer, Cline & Campbell Personal Injury Lawyers uses a contingency fee model to collect our attorneys’ fees. This is a standard fee structure for personal injury law firms in West Virginia.
With contingency fees:
- You aren’t required to pay upfront costs.
- Your attorneys’ fees are directly tied to your attorney’s success.
- You never pay if your attorney fails to recover compensation.
When your attorney recovers compensation, we’ll deduct a pre-agreed-upon percentage of your settlement or verdict.
Common Product Liability Injuries in Morgantown, West Virginia
If you’ve suffered injuries while using a defective product, our attorneys have the skills to help you fight for the maximum compensation possible.
Our attorneys represent clients with all types of injuries, including:
- Burns
- Broken bones
- Concussions
- Cancer and other diseases
- Shoulder injuries
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
- Head and neck injuries
- Amputations and loss of limbs
- Internal bleeding
- Organ damage
- Eye and facial injuries
- Paralysis
- Catastrophic injuries
- The wrongful death of a loved one
If you’ve suffered an injury, don’t hesitate to reach out to our attorneys for a free case review. Once we hear your story, we can offer more insight into your legal rights and options.
Our Attorneys in Morgantown Handle All Types of Product Liability Claims
Millions of Americans are injured due to defective products each year. In the right situation, even the most innocent product can become seriously dangerous. Many of these products may already be in your home.
Our attorneys at Farmer, Cline & Campbell Personal Injury Lawyers handle all types of product liability cases, including those involving defective:
- Prescription medications
- Over-the-counter drugs
- Children’s products, including car seats, toys, and furniture
- Personal care products
- Household appliances
- Lawn equipment
- Exercise equipment
- Pesticides
- Household chemicals
- Medical devices and equipment
- Construction equipment
- Heavy machinery
- Cars and trucks
- Vehicle components
- Clothing
- Furniture and mattresses
If you were injured while using a defective product, call our attorneys right away. We can listen to your story and evaluate your situation during a free consultation.
What Elements Do I Have to Prove to Win a Product Liability Case in West Virginia?
Strict liability usually means you don’t have to prove negligence to recover damages.
Instead, you’ll generally have to prove:
- The defendant was responsible for selling the product to consumers.
- The product suffered from a defect.
- The defect made the product unreasonably safe for consumer use.
- You were injured using the product.
- You were using the product correctly, or in a way that was reasonably foreseeable.
- You suffered damages.
More specific requirements may apply depending on the type of product defect involved. Your attorney can tell you more about what elements you’ll need to prove in your case.
What Types of Defects Can Form the Basis for a West Virginia Product Liability Lawsuit?
Three primary types of product defect can give rise to a valid compensation claim:
Design Defects
Products suffer from design defects when they’re inherently unsafe because of how they are designed.
Issues that are relevant in design defect cases include:
- Whether a safe alternative design exists
- The benefits of the product as designed
- Whether the safe design would allow the product to function as intended
- The severity of the risk
- Whether the safe design is feasible from a cost perspective
Design defect cases often boil down to a cost-benefit analysis. The risks associated with the product are often weighed against its benefits.
Manufacturing Defects
Manufacturing defects exist because the product was not created as designed. They typically arise from a manufacturing process error. Some manufacturing defects impact an entire batch of products, while others impact only a single product
Marketing Defects
Marketing defects make a product dangerous because the manufacturer has not adequately disclosed the risks associated with its use. They can also arise when a manufacturer fails to provide adequate instructions for using the product safely.
How Long Do I Have to File a Personal Injury Lawsuit After a Product Liability Injury in West Virginia?
The statute of limitations establishes the deadline for taking legal action. In West Virginia, personal injury victims have two years to file a lawsuit. That two-year period starts running on the date your injury occurred.
Contact a Knowledgeable Morgantown Product Liability Lawyer for a Free Consultation Today
Standing up to a powerful manufacturing company and their defense team can be incredibly overwhelming, especially when you’re injured. Count on Farmer, Cline & Campbell Personal Injury Lawyers to provide the top-quality legal representation you deserve. Call today to learn how an experienced Morgantown product liability attorney can fight for you during a free consultation.
