When a consumer is injured by a defective product, the injured party can seek financial compensation through a product liability lawsuit. However, product liability cases can be very complex and involve many factors -- which is why it is vital to understand your options as soon as you realize you have been hurt by someone else’s negligence.
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Whether you were hurt by an unsafe toy, a dangerous food additive, or another type of product defect, understanding your legal rights and responsibilities can help you take action quickly and effectively. This article answers some common questions about product liability cases so that you are prepared if an unfortunate event arises.

​A products liability claim is a cause of action brought by a consumer who was injured by a product that failed to function in a reasonably safe manner. Product liability cases cover a wide range of defective product types and scenarios, but they all have one thing in common: If a manufacturer, supplier, distributor, retailer, or other party failed to follow industry standards for producing or selling a product, and that product caused an injury, that party could be held liable for damages. There are three types of product liability claims: Manufacturing defects, design defects, and marketing defects. 

In order to hold a manufacturer or seller liable for a defective product, you must be able to demonstrate that the product was defective when it left the defendant's possession. In a product liability case, the injured party can sue one or more parties involved in the creation and distribution of the product.
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These parties include: Product designers/engineers, product manufacturers, product inspectors/quality assurance testers, and product suppliers. Product distributors, retailers, and other parties who are not part of the production process may also be liable for damages in certain cases. An experienced product liability lawyer like Timothy L. Miles can help you determine which parties are most responsible for the defects in your specific case.

A product is considered defective when it does not meet the reasonable standard of safety that a reasonable person would expect under the circumstances. Of course, this can vary depending on the type of product involved. For example, foods and medication have different reasonable safety standards than household appliances. A defective product can create a number of risks for an end user. In some cases, the design of the product itself is the issue -- such as a table whose legs are too short to support its weight.

​In other cases, the issue is with the instructions or warnings given with the product -- such as a failure to warn claim that plaintiffs are asserting in the Abbott Baby Formula Recall Lawsuit, the Toxic Infant Formula Lawsuits and the Paraquat exposere lawsuits. In yet other cases, the product's packaging may be the cause -- such as a toy that contains lead paint.

You should report your injuries to the appropriate government agency as soon as you realize you have been hurt by a defective product. Failure to report the defect could jeopardize your legal rights, as it is important to identify the underlying cause of your injuries and file the appropriate claim as quickly as possible.

​You should also contact a top-rated lawyer who is experienced in product liability cases such as Nashville attorney Timothy L. Miles. Product liability cases can be complicated and depend on a wide range of factors, such as the specific nature of the product defect, the extent of your injuries, and the jurisdiction of your case. The sooner you begin working with an experienced in attorney, the more likely you are to find success in your case. 

​If a plaintiff proves the product was defective, they are entitled to recover damages for: past and future wage loss; past, current and future medical treatment; damages for pain, suffering and emotional distress; and, if the plaintiff can meet the standard, punitive damages (i.e., damages intended to punish the defendant and deter future similar conduct).

​You must prove the product was defective and that the defect caused your injuries and damages. You must show that you would not have been injured if the product had not been defective, and you must have been using the product in an intended or reasonably foreseeable way at the time.

​This theory of liability makes the manufacture and seller of the product responsible for all defective products that unreasonably threaten the personal safety of a consumer or the consumer’s property, regardless of who is at fault.

​Regardless of the legal theory that the lawsuit is brought pursuant to, there are three common elements to all product liability lawsuits, The lawsuit must involve a product, the product must be found to be defective, and the product defect must be found to be the proximate cause of the injury.

​If you have been hurt by a defective product, you may be able to seek financial compensation through a product liability lawsuit.  Contact Timothy L. Miles today who can explain the process and answer any questions you may have. We take all cases on a contingency basis which means we do not get paid unless we win your case. Call us today (855) 846-6529 and see what a top-rated lawyer can do for you.

A whistleblower is anyone who has and reports insider knowledge of illegal activities occurring in an organization. A whistleblower can be an employee, supplier, contractor, client, or any individual who becomes aware of illegal business activities.​ If you have knowledge of a person or company attempting to defraud the federal government, and you come forward with this information, you could be receive a whistleblower award for your courage and blowing the whistle by filing a Whistleblower Lawsuit.

Contact Nashville Whistleblower Attorney Timothy L. Miles today for a free case evaluation, you may be eligible to file a whistleblower lawsuit and for a whistleblower award.

Read on for answers to eighty frequently asked questions in whistleblower cases.

​The False Claims Act (FCA) makes it illegal for any person or institution to intentionally file a false claim or create a false record regarding any federally funded program. In this case, “intentionally” includes acting with reckless disregard, which is when someone blatantly ignores the potential consequences their actions may bring. The “qui tam” provision of the FCA allows private citizens who have evidence of fraud to file a lawsuit against the at-fault party on behalf of the government.

“Qui tam” is a shortened Latin phrase meaning “who as well for the king as for himself sues in the manner.” In other words, it means that an individual is filing a lawsuit on behalf of their government, a qui tam lawsuit. The qui tam provision of the FCA was enacted not only to encourage whistleblowers but also to protect them from any retaliation by the hands of the organization they are helping to expose.

​An experienced whistleblower attorney will help you navigate through the complexities of the lawsuit process and make it as easy as possible for you to use your evidence to expose corruption. Once your claim is received, we begin the evaluation process to determine whether your evidence is sufficient enough to move forward. If not, we will advise you on ways to make your case stronger.

​Once it is determined that you have a case, a whistleblower attorney will help you file the lawsuit and ensure that you are protected to the fullest extent of the law for the duration of your case. We take the safety of our clients seriously, and if you experience any retaliation from the organization you are helping expose, we can do everything in our power to make sure they are held accountable for their actions. Not only that, but our attorneys will also fight for the maximum whistleblower award possible, so you are compensated fairly for your brave contribution.

​A qui tam lawyer is an attorney who specializes in whistleblower lawsuits. This type of litigation allows private citizens to file a lawsuit on behalf of the government against an individual or organization who’s committing fraud within our nation’s federally funded programs.

If you have evidence of an individual or organization deliberately attempting to defraud the government of funding, you may have grounds for a whistleblower lawsuit. However, not all evidence is created equal, and you may not know if your information is sufficient enough to warrant a lawsuit. If you’re unsure about your eligibility, please speak with a whistleblower attorney for further opinion and advice on how to proceed.

​Whistleblowers are granted protections from retaliation under the FCA, including demotion, termination, suspension, denial of benefits, and any other retaliatory behavior. If an unethical organization attempts to retaliate against you despite these protections for whistleblowers, you can file a lawsuit against them and recover the damages their actions have caused.
 
However, it is important to act quickly if you do experience retaliation. Time is of the essence in these situations, and you’ll need to prove that you were fired as a result of the qui tam lawsuit you were a part of. Waiting to file a whistleblower lawsuit can make your case weaker and potentially cause you to lose it altogether, so it is important to speak with a qualified whistleblower attorney.

​Yes, you’ll need strong supporting evidence to file a qui tam lawsuit. The evidence you collect must clearly display the entity committing the fraud, the amount stolen, and any other relevant information pertaining to the crime at hand. Many whistleblowers have collected financial statements, emails, and memorandums, but others have taken an extra step and used a personal recording device to collect evidence. While this is not ‘necessary in all cases, it is important to collect as much evidence as you can to ensure that your case can help expose the corruption.

​The False Claims Act requires that a qui tam lawsuit be kept “under seal” while the case is under investigation. This means that anyone other than the U.S. Department of Justice, the U.S. attorney, and the assigned judge of the District Court cannot view the details of your case until the case becomes unsealed. If you have any concerns about your anonymity during this process, it’s a good idea to speak with a whistleblower attorney and learn more about the laws that will affect your case.

​If you are considering blowing the whistle, contact Nashville whistleblower attorney Timothy L. Miles today and see what a Nashville whistleblower attorney can do for you.

In a previous legal guide, we explained the why class actions matter and the important part they play in the legal system. We further emphasized that the goal of a class action lawsuit is to seek fair compensation for the loss of the people who have been wronged and make sure that the company responsible for the bad behavior is held accountable for its actions. In response, we received quite a few questions of class action cases, particularly with respect the class action procedure.

Read on for authoritative answers to some frequently asked questions about class action litigation. 

​A civil lawsuit brought by a person or a few people on behalf of a larger group, or class of people, who it is alleged suffered injuries common with the plaintiff. The larger group is referred to as the class, while the plaintiff who brough the suit if referred to as the lead plaintiff or class representative.

​While there is no set number, and classes have been certified with fewer, the general consensus is that forty members will suffice to meet the numerosity requirement. 

​Every case is different depending of the facts and some class actions may settle in a few months, while others may linger on in the federal court system for years or even decades. However, as a general rule it usually takes between two and three years.  

​No. If the case is certified as a class action, a court ordered notice will be send to all class members. You can do nothing and stay in the case or you can opt-out and no further be a part of the class action.  You can opt-out and do nothing, or if you have large enough losses to justify it, bring an individual action against the defendant. Also, if you opt-opt you will not participate in any settlement or receive any money as a result of a settlement of the class action.

​We want to ensure that our clients are well informed on their legal rights. Therefore, we offer free consultations to our clients and potential clients. 

​The Class Action Fairness Act (CAFA) became a law when signed by President George W. Bush on February 18, 2005.
 
Under CAFA, federal courts now have exclusive jurisdiction in all class actions where the amount in controversy exceeds five million dollars. Under CAFA, if a class action is filed in state court and the total damages will likely exceed five million dolllars, the defendant has the right to ask that the case be transferred to federal court. 

​A common fund is a pool of money created to compensate class members. It may be established through settlement, judgement or court order. Class members are usually required to file claims in writing to receive their portion of the common fund. ​

​​The primary difference is that a mass tort is filed only on behalf of a single individual, while a class action is filed on behalf and could affect thousands of people.

​Yes, one. Virginia has a ban on all class actions. Virginia residents have no choice but to file a class action in federal court.

​A case that has been certified as a class or proposed to be certified for settlement purposes may not be voluntarily dismissed without court order. A case yet to be certified may, with a couple exceptions, be voluntarily dismissed.

​A class action may also be referred to as a representative action. A representative plaintiff is just another term for lead plaintiff or the named plaintiff.

​When appropriate, Federal Rules of Civil Procedure allow for the creation of sub-classes. Sub-classes may be appropriate when certain members of the class want different kinds of relief, such as damages for one group or injunctive for another group. Sub-classes can also be created to deal with state laws that apply substantially different requirements to different groups of class members. 

​​Class action settlements that offer compensation usually require Class Members to submit Claim Forms. Claim Forms are normally mailed directly to Class Members but in some cases Class Members must contact the Settlement Administrator to get a Claim Form or file a claim on a settlement website.

​The first thing to do if you receive a class action notice is to read the notice very carefully. Notices are sent at various times in a class action lawsuit. The first notice is sent at the time the lawsuit is certified as a class action. In most cases you will be automatically included in the class if you fit within the description of the class and if you do nothing when you receive the notice. You have essentially 3 possible options when you receive a class action notice: (1) Participate as a class member; (2) Not participate in the lawsuit at all (Opt out); or (3) Participate as a named plaintiff in the lawsuit.

​If you do not want to participate in the lawsuit as a member of a class, you will need to opt out of the class. The notice you receive will explain how to do that. There will also be a cut-off date, and you must send your notice to opt out of the class by the date specified or you will be included in the class and lose any rights to file a lawsuit on your own. However, timely opting out means that you can sue the defendant on your own, instead of being part of a class, something you may want to discuss with an attorney. In deciding whether to opt out and pursue the defendant on your own, there are many factors to consider, like the potential cost of litigation and whether your damages are different than the rest of the class.  

​Participating Class Members who submit valid and timely Claim Forms as described in the All Notice of Class Action Settlement are entitled to receive settlement payments. If you return the Claim Form, but it is defective, you will be mailed a cure letter by the Claims Administrator within a certain time.

​Class action notice is required to be given to all persons who would be affected by the court’s decision. Although it usually is not possible to give every such individual personal notice, all persons who might be affected are entitled to the best notice possible.

​Class representatives represent the interests of all class members who have been affected by the conduct challenged in a lawsuit. They owe a fiduciary duty to the class and cannot put their own interests ahead of those of the other class members.

​No. The lead plaintiff in a class action might incur some out-of-pocket expenses, although these are typically reimbursed. Class members, however, incur no costs. At most, they sacrifice a small portion of their award to finance the attorneys that helped them win the case.

​In a​ contingent fee arrangement, a lawyer receives a percentage of the monetary amount he obtains for his client in a settlement or judgment. In other words, with a contingency fee agreement, the lawyer only receives compensation if he successfully represents his client and obtains a judgment or settlement. The client is not responsible for any attorney's fees, and if the attorney loses the case, he receives no compensation.