Questions + Answers About

Defective Products

How long do I have to file a claim after a defective product injury?

The statute of limitations is a time limit established by the laws of Wisconsin, and it determines how long you have to file a lawsuit. The statute of limitations varies depending on the details of your defective product injury, so we recommend you pursue your case immediately.
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Do I still have a claim if my health insurance or worker’s compensation paid my medical bills after a defective product injury?

Those injured by a defective product are entitled to the full value of their medical treatment. This includes the actual cost of the treatment, not just their copay or deductible. Oftentimes, insurance carriers attempt to reduce damages by offering to pay only “out of pocket” expenses, which leaves the injured person less than whole.

While your health insurance carrier has to pay for your medical expenses, they also have the right to be paid back. This is generally referred to as subrogation.

Keep in mind that you may be entitled to more than medical expense reimbursement. Punitive damages such as pain and suffering, emotional distress, lost wages and more are often part of personal injury cases.
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I was injured by a defective product that had been recalled. Do I have a case?

A manufacturer cannot use a recall to automatically defeat a defective product claim. The manufacturer must prove that the injured party directly received notice of the recall and was adequately warned of the dangers posed by the defective product.
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I was injured by a defective product at work? Who is liable?

If you are injured by a machine or piece of equipment that is defective, the manufacturer can be held responsible for the injury if they knew of the danger and didn't properly warn your employer.
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I suffered a defective product injury, what should I do?

If you suffer a defective product injury, you should first visit a doctor and seek medical treatment. These injuries often have delayed repercussions like internal bleeding, head trauma and serious infection, so it is essential to contact your doctor for even minor injuries.

Depending on the specifics of your defective product injury, you may be contacted by your employer’s, landlord’s or or doctor’s insurance provider. If you have been injured, seek the representation of an attorney before providing a statement to another party.

Lastly, get in touch with Gingras, Thomsen & Wachs for a review of your case. Our personal injury attorneys specializing in defective product injuries will review your situation and recommend next steps, which may include legal action.
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