Losing a loved one is devastating. However, when that loss is caused by a product intended to help or protect, one that is later recalled, the grief is often compounded by confusion, anger, and unanswered questions. Was it preventable? It may be necessary to speak with a wrongful death attorney Albuquerque to find out who is responsible. In such moments, knowing what to do next is not just empowering; it can also be the first step toward justice and accountability. If your loved one died due to a recalled product, here are five essential steps to take right away.
1. Preserve the Product and Related Evidence
After such a tragic event, your instinct may be to discard the item that caused the harm. Don’t. That product is now critical evidence. Secure it in a safe place, untouched and unaltered. If possible, take photographs of the product and its surroundings. Keep all original packaging, receipts, instruction manuals, and any warranty information. These materials can help experts determine whether the product was defective, if it had been recalled at the time of use, and how it contributed to the incident.
Additionally, collect medical records, autopsy reports, and any police or emergency responder reports related to your loved one’s death. This documentation serves as the foundation for any legal investigation or claim.
2. Check Recall Status and Details
Next, confirm whether the product has been officially recalled. Begin by visiting websites such as the U.S. Consumer Product Safety Commission (CPSC), the Food and Drug Administration (FDA), or the National Highway Traffic Safety Administration (NHTSA), depending on the type of product. These sites list recalls for a wide range of products, including household appliances, medications, cars, and children’s toys.
Note when the recall was issued and the reasons behind it. If the recall was active before the incident and no notice was received, or the danger wasn’t communicated, this could strengthen your legal claim. Be sure to save a copy of the recall notice and any public statements from the manufacturer.
3. Avoid Speaking with Insurance or Company Representatives Alone
It’s common for product manufacturers or their insurers to reach out after a fatal incident. They may offer condolences and even suggest a settlement. Be wary. These companies are primarily concerned with protecting their interests. Anything you say can be used to minimize your claim or deny liability altogether.
Before you engage in any detailed conversations or sign any documents, politely decline and state that you are seeking legal advice. Even a well-meaning comment can be misinterpreted and used against you. Always let a qualified attorney represent you.
4. Document Emotional and Financial Impact
The loss of a loved one affects more than just the heart; it disrupts everyday life in countless ways. Start keeping a record of the emotional and financial toll it takes on you. This includes funeral and burial expenses, loss of income or support, medical bills, and therapy costs. Also include journal entries or statements about your emotional suffering and how the loss has changed your life.
This documentation isn’t just cathartic; it’s valuable in building a wrongful death case. Courts and insurance companies consider these damages when determining the amount of compensation. The more detailed your records, the stronger your case becomes.
5. Contact a Wrongful Death Lawyer
Finally, and perhaps most importantly, reach out to an experienced wrongful death attorney as soon as possible. These legal professionals specialize in cases involving defective and recalled products. They know how to investigate, gather expert testimony, navigate complex regulations, and hold manufacturers accountable.
Time is critical. There are statutes of limitations for filing wrongful death lawsuits, and evidence can disappear quickly. A wrongful death attorney Albuquerque can guide you through every step, ensure your rights are protected, and help you pursue justice for your loved one.
Seeking Justice Starts with Action
When a recalled product leads to the loss of someone you love, you deserve answers, accountability, and peace of mind. Taking these five steps can empower you during one of the most painful times of your life and may even help prevent others from suffering a similar fate. If you suspect a recalled product played a role in your loved one’s death, don’t wait; contact a wrongful death lawyer today to explore your legal options and start the path toward justice.
