anxiety/depression after accident with product legal q's

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AJ989
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13 May 2013, 10:05 am

Hi, not sure where to put this but was wondering if any other aspies here have any knowledge of how I go about proving in court the emotional/psychological damages as a result of a defective product.
long story short I purchased a lighter the other day and it erupted into 3ft+ fireball in my face resulting in what my doctor described as superficial burns and now I feel I'm still in shock and quite anxious from the incident, I contacted a law firm already,but have not gone into much detail with them yet,nor mentioned I have aspergers.Incase you're wondering lighter importers here in australia we have mandatory safety and performance standards put in place by the federal government,which is why I believe I can take legal action against the company. but any advice on proving the emotional/psychological damages caused by this incident? I was also only months away from starting a business that requires the use of gas equipment,so I'm really not sure how I will handle that now either, so any advice will be greatly appreciated.



catwhisperer
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13 May 2013, 10:28 am

I would research personjal injury lawyers. The best lawyers will know what experts to consult and what settled cases would set a presidence in your favor. I should mention I'm in the states and it might be different in australia...



AJ989
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13 May 2013, 10:35 am

yeah I've already contacted a specialist lawyer in that field,but I really want to get as much information as possible,especially in regards to what effects my existing condition may have.



Sweetleaf
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13 May 2013, 1:11 pm

If you can take legal action and want to go for it, lighters should not blow up in peoples faces...so its not a bad idea. I don't know how exactly to go about it, especially not in Austrailia since I don't live there. But yeah I doubt your existing condition would interfere very much, if anything you might qualify for more compensation if its determined it caused you more harm than it would have without your existing condition...at least that is what I'd think but I am certainly not an expert on it.


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Vomelche
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13 May 2013, 1:26 pm

That sounds pretty awful, sorry to hear that. I am sure once you get in touch with the lawyers they will take care of the rest. They have experience with these things and they want to make more money. They get a percentage of whatever you get from the settlement. I don't know about the exact rates, you may want to look into that.



catwhisperer
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13 May 2013, 1:44 pm

I should mention I'm not lawyer, but I would think, based on my experience with law, that the case would hinge around your physical injuries to start. They make and sell a product that should be safe for the public. This one wasn't. So who is at fault? The factory? The company? Was it damaged in shipping?

Some lawyers might add in additional issues that could lead to a larger settlement. For instance, if you were a model or an actress who would be permanently scarred, your settlement would be far larger than someone who does not use their facial features to make a living. I'm not sure if aspergers would be related in any way in this case....