Reach out to us to arrange a free, no-obligation consultation. During this initial conversation, we'll listen to your account of events and answer any concerns or questions you might have. This meeting gives us a clear picture of the details we need to concentrate on.

Following our initial chat, our legal team investigates the specifics of your case. We gather all relevant evidence, examine product details and consult with industry experts when necessary. Our primary aim is to determine that the injury you sustained was due to a product defect and to gauge the potential compensation you might be entitled to. If you still have the product, it is important that you retain it, as it may need to be examined.

Once we have strong evidence, we draft a letter of claim to the manufacturer or relevant party, laying out the details of the claim supported by the gathered evidence. They’re then given a set period to respond, during which they will likely conduct their own investigations and determine their stance on liability.

Upon receiving a response from the defendant, the negotiation process begins. Our experienced solicitors have a special focus on defective product injury claims and will defend your rights. Leveraging our extensive expertise, we’ll work to establish fault and negotiate the best possible compensation for you.

While many claims are settled during negotiations, some might need court proceedings. Should your claim take this route, rest assured that Switalskis will stand by your side, providing guidance and support at every turn.

When the claim is successfully resolved, you'll be granted compensation. This compensation is intended to cover the financial, emotional and physical consequences of your injury from the defective product, making sure you or your loved ones can recover and maintain a good quality of life.

Deadlines are vital when considering defective product injury compensation claims. To safeguard your right to claim, familiarising yourself with these timeframes is paramount. Here's a concise overview for clarity:

• General rule - three years from the 'date of knowledge': typically, you have three years from the moment you became aware (or should have reasonably become aware) that your injury resulted from a defective product due to someone else's oversight or negligence. This isn't always the day of the injury itself. It could be when a doctor identified your injury and linked it to a faulty product.
• Exceptions to the rule: though the standard is a three-year period, there are notable exceptions:
  undefinedundefined

Despite these specified periods, it's wise to initiate the claim process as soon as possible. This means that memories are more vivid, evidence collection becomes more efficient, and medical evaluations tend to be more precise nearer to the incident or diagnosis.

In rare situations, courts might permit claims beyond the usual time constraints. Nonetheless, relying on this is not advised. It's better to work within the established timelines.

To support a defective product injury claim, it's important to gather comprehensive evidence including:

• Product itself: it’s important to keep the product, as it might be examined to establish its defect.
• Photos: take pictures of the product, the injury and the setting where the injury took place. This visual evidence can help show what happened.
• Medical records: secure records of all medical treatments you've received due to the injury. These records will demonstrate the severity of the injury and its direct link to the defective product.
• Purchase records: receipts, invoices or any documentation that shows when and where you purchased the product.
• Witness statements: if there were any witnesses present during the incident, their account can help your claim.
• Product manuals or packaging: these can show any inadequacies in instructions or warnings.
• Correspondence: any communication with the manufacturer or retailer after the incident.

Even if the product had a warning label, you might still have a valid claim, especially if:

• The warning was not sufficiently clear or was misleading
• The warning failed to cover the specific risk you encountered
• The product's design was dangerous, making any warning insufficient

Remember, each situation is unique, so it's best to consult a legal expert to determine the viability of your claim.

In many jurisdictions, including the UK, the injured party can make a claim even if they weren't the direct purchaser. Speak to our solicitors about your circumstances to learn more about your eligibility to claim.

Compensation varies based on the specifics of the case. It can cover:

• Medical expenses: both past and future
• Loss of earnings: if the injury prevented you from working
• Pain and suffering: accounting for both physical pain and emotional distress
• Rehabilitation and therapy costs
• Care costs: if you need assistance due to your injuries.

While not mandatory, having a solicitor can greatly help the process. They can:

• Navigate the complexities of defective product law
• Effectively gather and present evidence
• Negotiate with the opposing party, increasing the likelihood of a fair settlement
• Represent you in court, if needed

If the manufacturer could reasonably foresee such a use and didn't provide adequate warnings, you might have a valid claim. However, if your misuse was unforeseeable or exceedingly negligent, it could impact the success of your claim.