- Investigating the facts.
- Analyzing the cases.
- Building a case.
- Obtaining evidence in discovery.
- Presenting your argument in court.
Many of the people that we work with wonder if they can bring a lawsuit after experiencing side effects related to talcum powder usage. If so, they generally like to know the form that it would take. Here are some answers to common questions regarding a potential talcum powder lawsuit.
What Form Could A Talcum Powder Case Take?
Generally, a case involving talcum powder will trigger one of two –or possibly both- types of lawsuits. The first is negligence. This is by the far the most common breed of civil litigation. The essential argument you are making is that the defendants did not act reasonably in the situation. However, you also must show and prove a few things. First, that the defendant owed you some duty. Second, that the defendant breached that duty. Third, that that breach caused you some injury. Fourth, that that injury resulted in some actual loss, be it economic or non-economic. The other major form of lawsuit this case could come in is products liability. It mirrors negligence in some ways and does not in others. The elements required of any products liability case are the same: the good was deficiently designed or made, you used the good reasonably and as expected, and the defect caused you injury and damages. Note, negligence and products liability arguments can both be used in certain situations. You should consult with your attorney which would be better for your facts and circumstances.
What Claims Could Be Used In A Talcum Powder Case?
Two claims pop to the surface in a potential talcum case whether it is either a private case or a class action case. The first is one related to warnings. Manufacturers must disclose to customers the existence of risks associated with their products. This actually involves two issues. Manufacturers must indicate the proper existence of any and all threats as well as their adequate level of danger-scope and size in other words. If they fail in any of these regards, one might be able to bring a failure to warn claim against the makers of talcum-powder products. The other significant claim that victims might bring is that the item is unreasonably unsafe to begin with. Manufactures can only sell goods that do not danger or harm consumers. Even if they take adequate measures to ensure this, plaintiffs can still prevail on these grounds if the product is still unsafe. Obviously, this entails a significant factual investigation and legal presentation to the jury or judge but it often works in other circumstances. Also, defendants cannot seek refuge in the stamp of approval of the government or anywhere else if it turns out their product was unsafe.
How Much Time Do I Have For My Talcum Product Case?
All states have statutes of limitations. These prohibit you from bringing an action that is untimely. Untimely is defined as after a set of years depending upon the injury and kind of case. Different states have different time periods. For injuries in Illinois, the rule of thumb is that you have two years from when you were injured to bring a lawsuit. The two year time limit applies for both negligence and products liability cases.
How Much Do Talcum Product Cases Cost To Bring?
Bringing a case to trial is a very expensive proposition. This is especially true with complicated issues such as the effect of talcum powder on the body. You will be required to marshal evidence and testimony-sometimes expert-proving the existence of a link between your talcum powder usage and your harms. However, there are other costly parts in lawsuits including the following:
- Legal research
- Factual investigation
- Records retrieval and storage
- Communication with opposing counsel
- Trial preparation and presentation
Often, law firms will advance sums necessary to pay for these things and only ask for money if they return an award or settlement acceptable to you. This arrangement should be outlined in the fee structure you establish when hiring an attorney.
What Damages Can I Receive For My Talcum Product Case?
If you put the time and effort needed to bring a case to trial, it is normal to think about what you could possibly obtain out of it. Compensation you receive through the legal system is called damages and it is supposed to return everything you lost due the defendant’s wrongful conduct. It normally takes the form of economic costs such as medical bills, lost wages, and any property damages. However, it can also repay you for the intangible losses you suffer including, but not limited to, pain and suffering, loss of a normal life, loss of years lived, and related injuries. The specific facts and circumstances of your case will dictate what you receive-absent it is part of a class action case-and you should speak with your attorney about what might be available to you via litigation.
Want To Know More About Talcum Powder Cases?
Rosenfeld Injury Lawyers works in a variety of personal injury fields including talcum powder litigation. We can help you figure out if any of your health problems like cancer were caused by talcum products. If they were, we can make sure that you get all of the recovery that you deserve under the law. Just give us a call, Rosenfeld Injury Lawyers can start today.
To learn more about how talcum powder can affect your health, please read the following pages: