Parents want nothing but the best for their children, especially when it comes to their health and safety. Nonetheless, mishaps can still occur even with all the required measures taken. In cases where a child has been harmed due to a toxic baby formula, parents may be entitled to compensation. Filing a lawsuit for toxic baby formula can be complex, but understanding the steps involved can help parents seek justice for their child’s harm.
This article will guide parents through the steps to file a lawsuit for toxic baby formula and receive the compensation their child deserves.
1. Consult with an Attorney
If your child has been harmed by a toxic baby formula, seeking the advice of a personal injury and product liability attorney is crucial. A skilled attorney can assess your case, ascertain if you have a viable claim, and help you navigate the legal process.
Selecting an attorney with a successful history of handling comparable cases is vital. In addition, they should know the specific laws and regulations that govern product liability cases and have the resources to thoroughly investigate the matter.
According to Forbes, an experienced attorney knows the legal system very well and can help you through filing a lawsuit to negotiate and settle in court. Consulting with a personal injury attorney can significantly improve the likelihood of a favorable outcome in your case. It also ensures that you receive the maximum compensation for your injuries.
2. Gather Evidence
To build a strong case, gathering as much evidence as possible to support your claim is crucial. This evidence can include medical records, receipts for the purchase of the toxic baby formula, and any communication you may have had with the manufacturer.
It’s also essential to document any symptoms or injuries your child may have experienced from consuming the toxic baby formula. Taking pictures or videos of any physical symptoms can also help support your claim.
In the case of the recent toxic baby formula NEC lawsuit, evidence played a critical role in determining liability and securing compensation for affected families. In addition, evidence played a significant role in establishing a link between using Enfamil and Similac baby formula and developing necrotizing enterocolitis (NEC) in premature infants.
This evidence helped to support the plaintiffs’ claims and resulted in a substantial settlement from the formula manufacturer.
3. Determine Damages
Damages can include both economic and non-economic losses. Economic damages may include lost wages, upcoming medical care, medical bills, and any other out-of-pocket expenses related to the harm caused by the toxic baby formula.
Non-economic damages can include pain and suffering, emotional distress, loss of enjoyment of life, and other intangible losses.
Working with your attorney to accurately determine the damages caused by the toxic baby formula is essential. In addition, your attorney may consult with medical and financial experts to estimate the cost of ongoing medical care and other losses.
4. File Your Complaint
Your attorney will prepare and file the necessary documents, including the complaint, which outlines the facts of your case, the damages suffered, and the legal basis for your claim.
It’s crucial to be aware of the statute of limitations, which varies by state and ranges from one to six years when filing a lawsuit. However, TorHoerman Law LLC states that for product liability cases, such as those involving toxic baby formula, the statute of limitations is typically two years. It’s best to consult with an attorney promptly to ensure that the deadline is met.
The number of personal injury cases filed in the United States has been on the rise. However, according to Justia, the year 2000 saw the maximum number of tort case filings totaling 700,000 cases.
It highlights the importance of seeking legal representation and filing a complaint to seek compensation for harm caused by toxic baby formula.
5. Proceed with Litigation
Litigation involves a series of legal proceedings. It includes discovery, where both parties exchange information and evidence, and depositions, where witnesses are questioned under oath.
Litigation can be lengthy and complex, but your attorney will guide you through each step and keep you informed of any developments in your case.
Sometimes, the defendant may propose a settlement to avoid trial proceedings. Your attorney will review any settlement offers and advise you on whether to accept or continue with litigation.
6. Be Prepared for a Settlement or Verdict
Settlements are agreements reached between the plaintiff and defendant outside of court and can occur at any point during the litigation process. Settlements can have advantages for both parties as they can save the costs and uncertainties of a trial.
However, in some instances, going to trial may be necessary to ensure adequate compensation for your child. In a trial, a judge or jury will assess liability and the amount of damages owed. The average settlement amount for a personal injury case in the United States is around $52,900, according to Nolo.
If the settlement after negotiation reaches near or exceeds the average, it’s worth negotiating. Otherwise, you can choose to proceed with litigation. However, your attorney will advise you whether to accept a settlement offer or continue litigation to pursue a verdict.
To Wrap it Up
The harm caused by toxic baby formula can be devastating physically and emotionally. As a parent, you want to do everything possible to ensure your child receives the care and compensation they deserve.
If your child has been harmed by toxic baby formula, filing a lawsuit may be a viable option to seek compensation for their losses. By adhering to the guidelines mentioned in this article, you can seek legal recourse for your child.
Keep in mind that you have support and assistance available to you during this challenging time. With the aid of a proficient lawyer, you can strive for the appropriate compensation for your child.