Similac is a popular brand of infant formula produced by Abbott Laboratories. However, over the years, several instances of defective Similac products have caused harm to infants. If you or someone you know has been affected by a defective Similac product, it is essential to understand your legal rights and options.
In recent years, there has been a significant increase in the number of defective product lawsuits filed against manufacturers. As per the TRAC Report, product liability cases accounted for 41% of all civil filings in federal court by September 2021. It signifies their significant contribution to the country’s overall number of civil filings.
This article will explore the role of a lawyer in a Similac lawsuit and the various legal options available to victims of defective Similac products.
1. Investigating the Case
An investigation is critical in determining the strength of your Similac lawsuit and identifying the parties responsible for the harm caused.
The lawyer will collect and review all available evidence, including medical records, the product, and witness statements. They may also consult with experts to assess the extent of the harm caused and to determine the potential long-term effects on the affected child.
Additionally, the lawyer will investigate the manufacturing process of the Similac product to determine if any negligence or defective practices were involved in the production process. They will also examine the product’s labeling and packaging to determine if it contains adequate warnings about potential risks.
According to TorHoerman Law, evidence that is generally useful in a baby formula lawsuit includes medical records, incident reports, product testing results, and customer complaints.
Through this investigation, the lawyer will be able to determine if there is a viable case against the manufacturer and any other parties involved in the production and distribution of the defective product. If there is sufficient evidence to support the case, the lawyer will file a lawsuit on behalf of the affected individual or their family.
2. Establishing Liability
For a strong Similac lawsuit, it is essential to establish liability, or legal responsibility, on the part of the manufacturer or other parties involved. It could be linked to the production or distribution of the defective product.
In a product liability case, liability can be established based on various factors such as design and manufacturing defects. These factors can potentially lead to harm or injury to the consumer, and if proven, the manufacturer or distributor can be held liable for damages caused by their product. A skilled lawyer will investigate the case to determine which factors apply and build a strong case accordingly.
In a Similac lawsuit, liability may be established if the manufacturer failed to ensure that the product was safe for use or if they failed to provide adequate warnings or instructions about the potential risks.
For example, suppose a manufacturing defect caused the product to contain harmful substances or was contaminated during production. In that case, the manufacturer may be held liable for any harm caused to the affected child.
Product suppliers, such as manufacturers and importers, are legally obligated by the Consumer Product Safety Commission to provide documentation that guarantees their products comply with all relevant federal consumer product safety laws. In addition, this documentation serves as proof that the products have undergone testing and meet safety standards before entering the market.
3. Building a Strong Case
Here are some of the key steps involved in building a strong case:
- Thorough investigation: As mentioned earlier, a thorough investigation is critical to determine the strength of the case and identify the parties responsible for the harm caused. The lawyer will gather and review all available evidence, consult with experts, and examine the product’s manufacturing process, labeling, and packaging.
- Establishing liability: Once the investigation is complete, the lawyer will work to establish liability on the part of the manufacturer or other parties involved in producing and distributing the defective product. It may involve demonstrating that the product was defectively designed, manufactured, or labeled or that the manufacturer did not provide sufficient warnings or instructions.
- Calculating damages: The lawyer will also work to determine the damages incurred by the affected individual and their family, including medical expenses, pain and suffering, and other losses. In addition, it will involve consulting with experts and assessing the long-term effects of the harm caused by the defective product.
- Filing a lawsuit: If there is sufficient evidence to support the case, the lawyer will file a lawsuit on behalf of the affected individual or their family. They will work to build a strong case and present it in court, seeking fair compensation for the damages incurred.
4. Negotiating a Settlement
Sometimes, a Similac lawsuit may be resolved through a settlement agreement rather than a trial. A settlement is an agreement between the affected individual and the responsible parties in which the parties agree to a specific amount of compensation in exchange for the affected individual dropping the lawsuit.
A skilled lawyer can play a crucial role in negotiating a fair settlement on behalf of their client. Here are some of the key steps involved in negotiating a settlement in a Similac lawsuit:
- Evaluating the case: The lawyer will first evaluate the strength of the case and the potential damages that could be awarded in a trial. They will also assess the likelihood of success at trial, as well as the risks and costs associated with going to trial.
- Presenting a demand: If the lawyer believes a settlement is the best option, they will present a demand to the responsible parties. This demand will typically include the amount of compensation sought, as well as any other terms and conditions the affected individual wishes to include.
- Negotiating with the parties: The parties may negotiate back and forth to reach a mutually acceptable agreement. During these negotiations, the lawyer will advocate for their client’s interests and work to secure the best possible outcome.
- Drafting the settlement agreement: If a settlement is reached, the lawyer will draft a settlement agreement that outlines the settlement terms, including the amount of compensation, the release of liability, and any other conditions agreed upon by the parties.
5. Representing You in Court
The case may proceed to trial if a settlement cannot be reached in a Similac lawsuit. In this situation, a skilled lawyer can provide representation in court and present a compelling case on behalf of the affected individual or their family.
The lawyer will prepare for trial by gathering and organizing all available evidence, consulting with experts, and developing a strategy for presenting the case in court. They will also present the case to a judge or jury.
It may involve calling witnesses, cross-examining opposing witnesses, presenting evidence, and making persuasive arguments that support their client’s case. Throughout the trial, the lawyer will advocate for the client’s interests and work to obtain the best possible outcome.
It may include arguing for a favorable verdict or advocating for fair compensation in the event of a loss. With the right lawyer, individuals can feel confident that they have a strong advocate during the entire legal process.
CloudLex reports that in product liability trials, plaintiffs were successful in 38% of cases. In these trials, 56% of judges ruled in favor of the plaintiff, while 51% of juries were inclined to side with the plaintiff. Thus, choosing a lawyer with a proven track record of success in product liability cases is crucial. Having a skilled lawyer can greatly increase the chances of success.
6. Providing Legal Counsel and Support
It includes answering any questions or concerns their client may have, explaining the legal process and their rights, and guiding them through each step of the case.
A lawyer can also help their client understand the potential risks and benefits of pursuing a Similac lawsuit. This may involve discussing the potential outcomes of the case, the likelihood of success, and the potential damages that may be recovered.
Additionally, a lawyer can provide emotional support and guidance throughout the case. A Similac lawsuit can be emotionally draining and stressful, and a skilled lawyer can help alleviate some of this burden by providing reassurance and guidance.
Get the Legal Support You Need
A Similac lawsuit can be a complex and daunting process for anyone to navigate alone. By working with a lawyer who has experience handling product liability cases, individuals can increase their chances of receiving fair compensation for their injuries and hold the responsible parties accountable for their actions.
In addition, it is important to remember that victims of defective products have legal rights, and a lawyer can help them fight for those rights.
If you or a loved one has been affected by a defective Similac product, it is recommended to seek the assistance of a qualified lawyer. He can guide you through the legal process and help you achieve a favorable outcome.