What kind of lawyer do I need for injury from product use?

Asked about 2 years ago - Champaign, IL

I used a product purchase from Wal-Mart Corporation, it was a product called Intense-Tech Whitening System. This product is used for your teeth, it damaged my gums and made two of my teeth very sensitive, how do I approach taking action legally?

Attorney answers (3)

  1. Stephen Samuel Messutta

    Contributor Level 16

    2

    Lawyers agree

    Answered . Personal injury attorney, hopefully one who deals in product liability cases on the plaintiffs' side. The local bar association may have a lawyer referral service that can direct you to a few attorneys in your area who handle such cases.Unfortunately many larger firms only represent manufacturers in the defense of such actions.

  2. Michael James Perillo Jr.

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . Ideally, you want an attorney who concentrates his/her practice in "products liability." This can be a rather complex area of the law and is not to be approached lightly.

    The nature of your injury will be important to the practitioner considering your case.

    Products cases are expensive to litigate. Among other things, your attorney will need to prove that your injury was caused by the product. Testimony from a dentist will be required in order to link the injury to the product. While you provide very little by way of facts, it seems that you may well need an additional expert witness to give testimony as to the mechanism of injury. Stated another way, an expert (likely with a chemistry or perhaps toxicology background) will have to give testimony explaining how the chemical in the product damaged your teeth and tissues.

    As you can see, costs and expenses in this case may well prove to be substantial. After all, the experts need to be paid, depositions need to be taken, etc. If your injury is significant, an attorney may choose to take your case as the potential settlement or verdict could be enough to satisfy fees and costs with an appreciable amount of proceeds to you, the client. If the injury is relatively minor, the attorney may not be able to justify the prospective expenses required to properly prosecute the case and may decline to represent you.

    I urge you to find and consult with an attorney who represents plaintiffs in products liability cases. The analysis required to properly assess your case cannot be accomplished over the internet. Seek out and consult with an attorney as soon as possible.

    Good luck.

    Disclaimer: The information contained in this answer is not legal advice, does not establish an attorney-client... more
  3. David McCormack

    Contributor Level 10

    Answered . You need an products liability attorney with extensive experience and the resources to support what could be a very costly case (should one be able to claimed). You should do extensive research beforehand in order to find the lawyer and/or firm who is best situated to investigate any potential claims.

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