What are the steps in filing a product liability claim?
In Florida, the steps for filing a product liability claim are as follows: 1. Gather evidence – This includes keeping the product itself and any receipts or paperwork associated with it. Take pictures and make sure to save all instructions and warnings that came with the product. 2. Consult an experienced attorney – An attorney can help review your evidence and advise you on the specifics of filing a lawsuit. 3. File the complaint – A Complaint Form should be filled out and filed with the court. This form should document the circumstances surrounding the product’s use, the product’s defects, and the damages incurred as a result. 4. Serve the Defendants – This step involves notifying the defendants of the lawsuit. This is usually done by a process server or by certified mail. 5. Engage in Discovery – This is the process of gathering evidence for the claim. The parties may request documents, take depositions, produce statements, and exchange witness testimony. 6. Process the Pretrial Motions – This includes motions for summary judgement, motions to exclude evidence, and motions to limit damages. 7. Participate in Mediation – If the parties cannot reach an agreement, a mediator may be called in to attempt to settle the case. 8. Participate in Trial – If all other options have been exhausted, the case will be heard in court. Here, the plaintiff will present evidence and arguments, and the jury will decide whether or not the product was defective. 9. Collect Damages – If the verdict is in the plaintiff’s favor, they will be awarded damages. These damages may include medical bills, lost wages, and much more. By following these steps, you can file a successful product liability claim in Florida.
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