3 Things to Do If Injured by a Defective Product
One minute, you’re using a product you’re sure is safe. The next, something goes terribly wrong: an accident occurs, and you’re injured. If this unfortunate event should ever happen to you, it’s important to know how to react. Here are 3 things to do if you’re injured by a defective product.
Keep reading to learn more!
Watch out for Defective Products
Just about any product can be defective. Consider the faulty Toyota accelerators that caused car crashes, the Samsung phone batteries that spontaneously caught fire, and the talc from Johnson & Johnson that contained cancer-causing asbestos.
Product manufacturers are legally obligated to make sure their products are safe; however, design defects, problems in the manufacturing process, or deceitful marketing can cause dangerous products to end up in consumer hands.
Defective products are a big problem. Every year, the harm caused by defective products costs the U.S. economy $1 trillion!
Of course, it isn’t just the economy that suffers when products have defects. The people who are injured when a product malfunctions suffer the most.
Defective product accidents can cause serious injury or illness, requiring extensive (and expensive) medical treatment and lost wages from work—not to mention the incalculable cost of emotional distress.
You can try to avoid a product injury by checking for product recalls, reading all product warning labels carefully, and using products as intended. However, even the most careful person can be harmed by a dangerous product.
What should you do if you’re injured by a defective product?
3 Things to Do If Injured by a Defective Product
If you’re injured while using a product and suspect a defect is to blame, there are three important things to do: seek medical attention, save the evidence, and talk to an attorney.
Seek Medical Attention
First and foremost, it’s important to seek medical attention immediately.
Don’t wait to get treatment in the hopes that the symptoms will resolve by themselves. This could delay your recovery and negatively impact your health down the road.
In addition, your treatment is part of your medical records. If you decide to file a product liability claim, this becomes important evidence for your case.
Save the Evidence
Keep the defective product, if possible, and store it in a safe place. Don’t tamper with it in any way.
Also keep anything related to the product. This includes the receipt (or other proof of purchase) from the store where you bought the product, instruction manuals for the product, or any other documentation you have. If you still have the original packaging, keep that as well.
The product itself, along with any documentation you have, can be valuable evidence in your claim.
In addition, it’s important to document the experience. As soon as you can, write down everything you remember about the product and the resulting accident and injuries. This includes things like:
When and how the product was sold to you
How much the product cost
How you were using the product at the time of the accident
If you had been warned about any dangers when using the product
How the product failed or malfunctioned
What happened to injure you
It’s also a good idea to take photos or video of any injuries that the defective product caused.
If you file a product liability claim, this documentation—along with your medical records—can help prove that you were injured and the product was the cause.
Talk to an Attorney
Product liability claims are complex: multiple different parties can be responsible, including the manufacturer of the parts, the manufacturer of the end product, the distributor, and the retail store selling the product. In addition, it can be difficult to prove product liability claims, making legal representation especially valuable.
If you suspect a defective product caused your injuries, consider talking to an attorney.
An experienced and knowledgeable attorney can help you understand your options after taking a look at your case. They’ll help you determine if you have a product liability claim and who is at fault for your injuries.
Call Us Today
When you’ve been injured after using a defective or dangerous product, we can help.
If you have questions, we’re here to answer them. Call us today to talk to an experienced personal injury lawyer about your case.
What to Do If Your Disability Claim Is Denied
Do you know what to do if your disability claim is denied?
It’s important to prepare for this possibility: every year, the Social Security Administration (SSA) denies many first-time claims. Knowing what to do can help you avoid a denial or appeal the decision as quickly as possible.
Keep reading to learn what to do if your claim is denied and how the appeals process works.
What Are the Changes to Social Security Disability in 2023?
The Social Security Administration (SSA) has made some important changes to SSDI in 2023, and our Cincinnati Social Security Disability lawyers are here to help you make sense of them!
In today’s post, we’re covering the changes to Social Security disability and what they might mean for you. Keep reading to learn everything you need to know.
Taxes Increased to Fund Social Security
The Social Security program is funded primarily by payroll taxes (a.k.a. taxes taken out of a person’s paycheck). SSA takes 6.2% from individuals and their employers each, or 12.4% from workers who are self-employed. However, there’s a limit to how much of a person’s wages are available to be taxed. This is called the “benefit base.”
In 2023, the benefit base increased from $147,000 to $160,200. This increase helps fund higher benefits for Social Security recipients.
Note that this change in taxes has to do with funding Social Security. If you are receiving Social Security disability benefits, this doesn’t apply to you. It doesn’t affect your monthly benefits.
Higher Benefits for SSDI Recipients
Each year, the SSA determines how much they should raise the benefits offered to disabled workers (if at all). This is called the “COLA,” or “Cost of Living Adjustment.” (We’ve written a previous blog post about how inflation affects Social Security here.)
Because the cost of living increases over time—thanks to inflation—SSDI benefits must also increase over time. After all, if the benefits didn’t increase, the same benefit amount would buy you less and less every year. (Think about how much more eggs cost than they used to, and you’ll understand why the SSA has to increase benefits.)
In the past several years, the COLA from the SSA has been historically high. That’s because we’ve experienced high inflation in the United States. In 2022, the COLA was 5.9 percent. At the time, it was the highest adjustment to benefits in 39 years.
For 2023, the adjustment is 8.7 percent: a new record! The adjustment is high this year because we continue to experience higher-than-normal inflation.
In 2022, the average SSDI payment was $1,364 per month. Thanks to the COLA increase, that amount is now $1,483—an increase of $119 per month and $1,428 per year.
If you already receive Social Security benefits, you should have noticed an increase in your monthly benefits beginning January 1, 2023. If you are thinking of applying for Social Security disability, it’s important to know what to expect!
Income Thresholds Raised for SSDI Recipients
To qualify for SSDI benefits, disabled workers must meet certain medical requirements and work requirements. (Our Cincinnati Social Security disability lawyers have written posts about both of these topics before. Be sure to check them out for more information!)
In addition, SSDI recipients must also meet the income threshold requirement. This requirement prohibits SSDI recipients from making more than a certain amount of money from “substantial gainful activity,” or SGA. (Substantial gainful activity is work that involves mental or physical activity that is intended for profit.) If you make more than this amount of money from SGA, the Social Security Administration will stop your benefits.
In 2023, the income threshold was raised.
- If you are blind, the threshold was raised from $2,260 to $2,460 per month.
- If you aren’t blind, the threshold was raised from $1,350 to $1,470 per month
- If you’re participating in the SSA’s Trial Work Period, the threshold increased from $970 to $1,050 per month.
Whether you already receive SSDI benefits or you’re thinking about applying for SSDI, it’s critical to understand these requirements. Make sure you contact a Social Security disability lawyer before starting a new job or even unpaid work—in case it causes you to lose out on benefits!
Need to Talk to a Social Security Disability Lawyer?
At Casper & Casper, we’re here for you.
Our Social Security disability lawyers are happy to answer your questions and guide you through the complex SSDI process. We can help—whether you have questions about SSDI, need help applying for benefits, or need to appeal your claim’s decision.
Contact us today for a free, no-obligation consultation.
How Covid Is impacting Workers’ Compensation
Post-Covid, we’ve entered a “new normal.” Venues have re-opened their doors, many people have returned to work in person, and most families and friends are socializing sans-mask again. However, that doesn’t mean that Covid is no longer making an impact. In our line of work, we see the impact Covid still has on people and workers’ compensation.
Today, we’re tackling this important topic. Keep reading to learn how COVID is impacting workers’ compensation—and what your options are if you become sick at work.
How Does Workers Compensation Work for Independent Contractors?
How does workers’ compensation work for independent contractors? What happens if you’re hurt on the job?
If you’re classified as an independent contractor, you need to know the answer to this question.
Today, the lawyers at Casper & Casper are going over workers’ comp for independent contractors. Keep reading to learn everything you need to know!
Important Questions to Ask Your Personal Injury Attorney
When you’ve been injured and want to file a personal injury claim, having the right attorney is important. A good attorney can increase your odds of success.
How can you make sure you choose a personal injury lawyer that’s right for you? By asking questions!
Today, we’re listing the top 10 most important questions to ask any prospective lawyer, before you hire them. Keep reading to learn what to ask your personal injury lawyer.
What to Expect at Your Workers’ Compensation Hearing
Workers’ compensation hearings occur when a claim is in dispute—whether an employee or employer appeals the decision.
Why might you have to go through a workers’ comp hearing? What should you expect during the process?
We answer these important questions, and more, in this post. Learn everything you need to know about workers’ compensation hearings today!
What Is Auto Accident Negligence?
What is auto accident negligence? This is a common question we get as personal injury lawyers from people who have been involved in car accidents.
It’s important you know what negligence is: it’s a key factor in personal injury claims, and can affect whether you get compensation for your injuries, property damage, and emotional distress.
Keep reading to learn everything you need to know about auto accident negligence.
What to Do If Your Dog Bites Someone
What happens when your beloved Fido bites someone? Are you liable? Will your pet have to be put down?
Dog bites happen every day—even dogs whose owners think they could never hurt a fly. If your dog bites someone, it’s important to know what can happen next.
Let’s talk about dog bites, including what you should do, whether you’re liable, and more.
Are Social Security Benefits Adjusted for Inflation?
Gas. Groceries. Home goods. Utilities. Inflation has recently gone up, up, and away—and consumers are certainly feeling the hit to their wallets. If you receive Social Security benefits, you’re probably worried: are your Social Security benefits adjusted for inflation?
Today, we’re tackling this important question. Keep reading to find out how inflation impacts Social Security and how much more you can expect on your SSDI benefits check.