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The questions on this page were answered by our team of lawyers. The questions are categorized by practice area such as car wrecks, medical malpractice, traumatic brain injuries, etc. If you have specific questions about your situation, contact our firm to set up a free consultation with an actual attorney.

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  • My DePuy hip was recalled, how will I pay for my revision and other medical expenses?

    This question can only be answered when we have the facts surrounding your situation. If you have health insurance, you should use that to pay for the revision. When DePuy agrees to compensate your claim you will be compensated for the original surgery and the revision surgery, in addition to compensation for your pain and suffering. If you do not have health insurance, you might be able to have your revision procedure paid for by DePuy and still recover later. 

  • Do I have a case if I was injured using a product I purchased and had to see a doctor stemming from the injury?

    It depends on the circumstances in which your injury occurred and if a connection can be established between the product and your injury. Product defect cases are usually based on "strict liability" rather than negligence.

    "Strict liability" means it is not necessary to determine fault on the part of the defendant, but your attorney must be able to prove the product was unreasonably dangerous or defective, you were injured from use of the defective product, and the injury was caused by the defect in the product.

    One exception is if your circumstances are very similar to the circumstances in which other people are injured by the same product. This would allow you to file a "Class Action" lawsuit in which a lawyer could represent you and all other people who suffered injuries from a single defective product. For example, there are numerous lawsuits filed in connection with toxic Chinese drywall found throughout Carolina.

    About the editors: The motto at Shapiro & Appleton law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our North and South Carolina Accident Attorney FAQ library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.



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  • What are "defective products" and what does"product liability" mean?

    A "defective product" is one that causes injury as a result of a flaw or deficiency in the product such as labeling, construction, or how the product was used. The manufacturer of the product that caused the injury, in addition to the individuals involved in the chain of commerce such as the provider, are liable for injuries caused by these defective products.

    "Product liability" claims are cases dealing with injury or damage stemming from defective products that run from the obvious (i.e. a car sold with faulty air bags, a mislabeled product or drug that causes injury) to the innocuous (i.e. side effects from an improperly tested prescription drug).

    About the editors: The motto at Shapiro & Appleton law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our North and South Carolina Accident Attorney FAQ library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.



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  • What is necessary to win a product liability lawsuit?

    Product liability cases are usually based on "strict liability" rather than negligence. "Strict liability" means it is not necessary to prove "fault" on the part of the defendant, but your attorney must be able to prove the product was unreasonably dangerous or defective, you were injured from use of the defective product, and the injury was caused by the defect in the product.

    The law understands certain products are dangerous, and consumers should know that the product is dangerous when they use it (e.g. guns, knives, etc.). Though, if a consumer uses a product without an inherent risk (e.g. coffee machine, nasal spray, etc.) and is injured, then you potentially have a case.

    All jurisdictions require a connection between the product defect and the injury. You may not have a case if you are injured by a defective product but the injury was not caused by the defect. This is an argument you should expect if you pursue a product defect claim. Numerous product liability cases rely on the testimony of experts where both the plaintiff and defendant use the expert testimony to establish or deny a link between the product defect and the injury.

    An experienced product liability attorney, like those working for Shapiro & Appleton can advise you about the potential success of your case, and how the manufacturer and other defendants may try to avoid liability.

    About the editors: The motto at Shapiro & Appleton law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our North and South Carolina Accident Attorney FAQ library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.



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  • If I file a defective product claim, what should I expect the other person/group to argue against my claim?

    The person or group you file a claim against will likely argue that the injury was not caused by the defect. They will probably claim the injury was your fault, and you should not recover any compensation for your own negligence.
    Another form of this argument is to proclaim that, when the injury occurred, you were not using the product in its intended manner or it was not foreseeable to the defendant that you would use the product in such a manner when you suffered your injury.
    Arguing that you failed to operate the product with due care is called comparative negligence or comparative fault. A successful claim of comparative fault could reduce your claim but if you have a sound case, you can still recover. In addition, if the comparative fault attributed to you is not connected to the accident or your injury, it may not be applicable.

    For example, if you were intoxicated while driving a car which had defective brakes. If you were involved in an accident because the brakes malfunctioned, your intoxication may not be considered a cause of the accident and your injuries.



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  • I suffered an adverse reaction from the prescription medication provided by my doctor. Do I have a case?

    If you receive the wrong medication for a condition or the wrong combination of medications and suffer an adverse side effect or injury, a medical malpractice claim could potentially be brought against the doctor who prescribed the medication. Claims could also be brought against the hospital where the treatment occurred and/or the pharmacist who filled the prescription drug.

    A medical malpractice claim in this situation could be based on a breach of the standard of care. In addition, you could file a claim against the pharmacy for the medication error. For example, if the injuries were caused by the manufacturing or marketing of the drug, you may be able to file a claim against the pharmaceutical company and/or retailer.

    About the editors: The motto at Shapiro & Appleton law firm is simple -"All we do is injury law." We hope you were able to find the answer to your injury query. If not, please review our North and South Carolina Accident Attorney FAQ library for additional information. If you'd like to speak to an actual attorney about your potential injury claim for free, please contact our office at 1-800-752-0042.

     

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