A New Jersey Personal Injury Lawyer Discusses Your Rights Following Respiratory Device Failure
As the American Lung Association’s tagline most astutely states: “When you can’t breathe, nothing else matters.” As a New Jersey personal injury lawyer will explain, the failure of a medical respiratory device is an inexcusable medical mistake that could result in the receipt of compensation for medical expenses, lost wages or pain and suffering.
If you recently experienced the failure of your respiratory device, a New Jersey personal injury lawyer may be able to help you raise a claim against the manufacturer or dealer responsible for your injuries.
A New Jersey Personal Injury Lawyer Explains Defective Product Claims
A personal injury lawsuit stemming from a defective consumer product is decided under the legal doctrine of product liability. Under New Jersey law, there are generally theories under which an injured plaintiff can recover following a defective respiratory device, including oxygen tanks, inhalers or ventilators. As your New Jersey personal injury attorney will explain in greater detail, your recovery options stem from the following claims:
- Faulty Design: Under this theory, the respiratory device was manufactured properly; however, the product design used to guide manufacturers was faulty or errant.
- Faulty Manufacturing: Conversely, the respiratory device was designed properly but a mistake took place during manufacturing, resulting in the failure of your device in your time of need.
- Failure to Warn: If your respiratory device contains an inherent danger, the manufacturer has a duty to warn you of this danger prior to your use of the product.
A New Jersey Personal Injury Attorney Discusses Your Potential Recovery
One of the first questions posed to any New Jersey personal injury lawyer is: “How much can I recover?” There are innumerable variables involved in answering this question, and the simple answer is that it depends.
First and foremost, the amount of your recovery will likely be congruent with the level of suffering imposed by the defective respiratory device. Your New Jersey personal injury lawyer may be able to recover more for a serious case requiring follow-up surgery or disability than may be possible for a minor injury. Your amount of recovery will depend on whether your case settles or proceeds to a jury.
Contact a Knowledgeable New Jersey Personal Injury Attorney Today
If you are interested in commencing a lawsuit against the maker of your failed respiratory device, contact New Jersey personal injury lawyer Gerald H. Clark today by calling (877) 841-8855.