When you are injured due to a defective or malfunctioning product, your natural course of action should be to avail of treatment for your injury and then look for the best legal recourse.
A malfunctioning product can be hazardous for you and your loved ones. While it may seem like a minor defect when you begin using it, the problem may worsen over time and even cause you an injury.
While you may not be well aware of it, the law entitles you to be compensated for the trauma and injuries you’ve suffered during such an ordeal. You can also find out if you are eligible to claim compensation for the physical, mental, and financial damages caused through websites like lawadvice.com.au.
Not all accidents and product liabilities can result in a valid compensation claim. Your claim is considered valid only when you can prove that your injury resulted from a defective product.
A product is considered defective only when it fulfils any of these conditions:
– The product is of sub-standard quality.
– It has inadequate caution labelling or handling instructions
– It is considered unsafe in its current state
– It is not fit for the purpose it’s being sold for
The court considers several important factors when determining if a product was defective, and based upon that and the severity of your injury, makes a judgment.
Australia has a comprehensive set of product liability laws that seek to protect you and hold product manufacturers responsible for malfunctioning products.
You are entitled to compensation if you have faced mental, physical, or even economic loss due to the defective product. The court determines this compensation based on your loss and the role played by the malfunctioning product.
You have up to three years to bring forth a compensation claim from the time you sustain the injury.
Depending on the type of injury you have suffered due to a malfunctioning product, you are entitled to ask for different types of compensation:
– Pain and Suffering Compensation: this is granted in a lump sum for the totality of your mental and physical injuries
– Expenses for Medical Treatment: It includes any expenses you had to take care of, including hospitalisation and therapy compensation.
– Suffering from Income Loss: If your injuries have rendered you incapable of working temporarily or permanently, the amount of income loss can be compensated. This means you are entitled to future income loss compensation as well.
– Domestic Care and Assistance: If you require external assistance due to your injuries, you can also get refunded for your expenditure spent on nurses, maids, and so on.
When you get injured as the result of a defective product, you may be unable to take immediate action due to the severity of your injury or loss. However, you can always reach out to an experienced attorney and have them negotiate on your behalf to get you the compensation you are entitled to.
You can visit websites such as www.lawadvice.com.au to get more information on what your next steps can be, or even book a consultation with an attorney to understand how much you might be entitled to as compensation.
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