You may be able to sue several parties for a defective device injury. There are often several entities involved in the production and distribution of a device, including:
- Device developers and designers
- The manufacturer of the device
- The manufacturer of component parts for the device
- The company that markets and sells the device
In some situations, you may end up naming all of these entities in your complaint, while in others, you may name only one. Either way, it is important to make sure that all potentially liable entities are included in your case because you may not be able to go back and include them at a later time.
How a Lawyer Can Help
It can be overwhelming to figure out who is liable and who to include in your potential lawsuit. One of the first things that your lawyer will do is investigate your claim to determine who you can sue.
Here are some other ways your lawyer will help you with your legal claim:
- Make sure that your lawsuit is filed on time
- Respond to messages from the court and opposing parties
- Prepare you for a deposition
- Attend court appearances with you
- Identify expert witnesses to testify on your behalf
- Negotiate a settlement if you decide to pursue one
- Protect your interests when dealing with insurance companies
- Prepare for trial if a settlement is not possible
- Answer your questions about your legal rights and the process
If you have some other special request or matter that you need assistance with, you can discuss it with your lawyer and see whether they can help. You only have three years to file your lawsuit for personal injury in New York, according to New York Civil Practice Law and Rules (CVP) §214.
Seeking Compensation for Your Injuries
After determining who you can sue for a defective device, the next step is proving that they owe you compensation. There are a few different ways that you may be able to hold the defendants responsible. These are referred to as theories of liability and include:
- Strict liability: in some situations, the parties involved with the design, manufacture, and sale of a device are liable for the damages that result regardless of whether they knew there was a problem.
- Negligence: if you can prove that the defendants failed to act with a specific level of care and caution in the design, manufacture, and sale of the device, then you can recover compensation.
- Breach of implied warranty: if you can prove that the product is not reasonably fit for its intended purpose, you can recover compensation.
- Tortious misrepresentation: this theory covers situations where the designer, manufacturer, and/or marketer deceived the consumer about a product.
There may be other theories of liability that apply to your situation. Therefore, it can be useful to discuss your situation with an attorney to make sure that all aspects of your case are addressed.
Eligible Damages After a Defective Device Injury
A defective device can leave the victim with painful and sometimes permanent injuries. There is no amount of money that can truly make up for what you have experienced, but a settlement or court award can go a long way towards covering your expenses.
There are a few common categories of damages that an injury victim can recover in a defective design lawsuit. They include:
- Medical bills
- Physical therapy
- Prescription medications
- Estimated ongoing medical care costs
- Lost wages
- Reduced earning capacity
- Pain and suffering
If your family member died because of a defective device, you may be able to bring a wrongful death claim or lawsuit to recover compensation for the loss of your love, companionship, and support. Your lawyer can talk with you about your situation to see whether you and other family members may pursue such compensation. New York Estates, Powers, and Trusts (EPT) §5-4.1 allows surviving family members two years to bring a wrongful death lawsuit against the at-fault party.
Contact Morelli Law Firm Now
At Morelli Law Firm, we offer a free consultation so that you can learn more about your legal rights and potential options. The consultation is free, and we do not collect any fees unless we secure a settlement or a judgment in your favor. Call now at (212) 751-9800 to get started.