If you or a loved one has been injured by a product, then you should immediately seek medical treatment. Call emergency medical services as soon as possible.


Tell the attending physician what product has injured you.;
, Key to the lawsuit will be proving that the product was defective in some way. Accordingly, you should preserve it so that it can be examined by expert witnesses later on.


If you were injured by a piece of exercise equipment, a vehicle, or a piece of clothing, then preserve it, even if you have to pay for storage. Don’t quickly junk your car.
If you were injured by medicine, then keep the rest of the tablets or liquid.
If food poisoned you, then keep the rest of the jar or package of food. This evidence can be tested and the results introduced into court.
 To be compensated for your injury, you need to prove that you were harmed. For this reason, you should hold onto all medical records and bills. You may be compensated for the following:


The costs of medical treatment. You can sue to have the defendants cover your medical bills. This will include any immediate treatment you needed as well as any subsequent rehabilitation. Examples include treatment from a doctor, hospital, physical therapist, and pharmacy.Accordingly, you should get copies of all medical bills, which you can introduce into evidence later at trial.
Disability. If the product disables you, then you can sue for compensation. You can get money for the cost of hiring someone to help you or for necessary renovations that allow you to stay in your home.You will want medical records where a doctor identifies you as disabled.
 You can also be compensated for wages lost if the injury prevented you from working.Make sure to gather the following:


weekly pay stubs (to show how much you earn)
a W-2 form (to show annual salary)
any 1099 form (if you are self-employed)

, You can also get compensated for “pain and suffering.” This includes emotional pain and the overall loss of enjoyment of life caused by the injury.To help document pain and suffering, you should keep a pain journal.


In the journal, you should document how you are feeling every day. You should also describe the pain you are feeling.
Note the location and the intensity of the pain. Is it constant or intermittent? Has the pain kept you from sleeping or eating?By documenting your pain in this manner, you make the pain more believable for the jury later on during trial.
 You can sue a variety of different people for your injuries caused by a defective product. For example, you can sue the following:the manufacturer of the product
the manufacturer of the defective component of the product (e.g., defective engine in a car)
wholesalers and distributors
whoever sold you the product

, If you were injured by a product, then you can probably hire an attorney to represent you on contingency. Under a contingency fee arrangement, the lawyer agrees not to charge you attorneys’ fees but instead takes a cut (usually 33-40%) of any amount you win at trial. Essentially, the lawyer only gets paid if you win.You should contact your state’s bar association and ask for a referral for a personal injury lawyer.
Also see Find a Good Personal Injury Lawyer for more tips.
 You start a lawsuit by filing a complaint in court. In the complaint, you explain the facts that gave rise to the lawsuit and request money as relief. If you have a lawyer, he or she can handle drafting the complaint for you.


Should you try to represent yourself, then you will need to draft the complaint yourself. You should stop into the court and ask if there is a “fill in the blank” complaint form that you can use., If there is no form you can use, then you need to draft your complaint. Open a blank word processing document and set the font to a comfortable size and style. Generally, 12 point Times New Roman is acceptable.
 The header contains the information about the court, the names of the parties, and the case number. Look at this form complaint from the New York state courts system for how to set up the header information: http://www.nycourts.gov/courts/6jd/forms/srforms/complaint_examp.pdf.


You should put the court’s name in all caps, bold, and at the very top of the page.
You will get the case number when you file the complaint. For now, you can type “Case No.” and leave a blank.
Name all of the individual defendants. If there are defendants you don’t yet know about—for example, the manufacturer of a component part you might identify later—then you can add as defendants “and Does 1 through 20” or whatever the maximum number of unidentified defendants your court allows., Often, if you want a jury trial you must request one in your complaint. You should talk with your attorney about the advantages or disadvantages of a jury. If you want a jury, then type “Jury Demand” underneath the case number. Put the demand in bold.


Research has shown that most people suspect that a lawsuit against a corporate defendant always has some merit. For example, a 2009 survey found that 57% of people felt this way.By taking a jury trial, you might start out with an edge.
However, you also should talk with your lawyer about how technical your products liability case is. You might need expert witnesses to explain to the jury how a product is defective. This explanation might be too complicated for a jury. In this situation, you might want to take a bench trial.
 You should title the document “Complaint” in all caps, underlined., In the first paragraph of a complaint, you introduce the parties: you and any defendants. If you are representing yourself, then you must say so.


You can type, “1. Plaintiff, Becky Smith, representing herself “pro se,” brings this complaint against Defendants and alleges as follows.”Remember to number all of your paragraphs.
 In the next few paragraphs, you should provide basic information about yourself and the defendants. Include information about where you live. When describing defendants, state where they do business.


For example, you can write: “2. The Plaintiff is a citizen of Illinois residing at .”
Then, describe each defendant in its own paragraph. “3. Defendant, Alphabet Products, is an Illinois corporation with its principal place of business at .”, You also need to provide information about the business each defendant is engaged in. You can do this in separate paragraphs for each defendant. Remember to number your paragraphs.


For example, “Defendant Alphabet Products manufacturers a blow dryer consumers use to dry their hair. One product it manufactures is the Quik-Dry 7000, a battery-powered blow dryer which is sold throughout the state of Illinois.”

, In your complaint, you must tell the judge why the court can hear the case. You must tell the court why it has “jurisdiction” to hear the case and why this court is an appropriate “venue” in which to bring the lawsuit.


Jurisdiction will depend on the court you are suing in. Figuring out a court’s jurisdictional requirements is tricky. In state court, the key is usually the amount you are suing for. Some courts have minimum or maximum amounts. You should consult with a lawyer to find out the jurisdictional requirements.

Typically, if you are suing in state court, you would state something like, “The Court has jurisdiction because the Plaintiff is suing for damages in excess of $10,000, exclusive of any interest or fees.”Venue is easier. Generally, you can sue any defendant in the county where it does business or where the injury occurred.You can type: “Venue in this county is proper because the conduct which forms the basis of this lawsuit occurred in this county. Second, Defendants perform business here.”, Under the heading “Substantive Allegations” you should provide the facts which form the basis of the lawsuit. You must provide the “who, what, when, and why”:Why you are suing: “This action arises from the Defendants’ conduct in the design, manufacture, distribution, or sale of a defective hair blow dryer which injured Plaintiff.”
When you purchased the product: “Plaintiff purchased the Quik-Dry 7000 on June 1, 2015.” If you are also suing the retailer, then include its name and location.
Who manufactures the product: “The product is purportedly manufactured by a company called Alphabet Products.”
Why is the defendant being sued: “The Quik-Dry 7000 contains a defect that is present in the product at the time of manufacture.”

Or, if the product was not defective but nevertheless was unreasonably dangerous, then you can allege that the defendant should have warned you that the product was dangerous. “Defendant failed to warn consumer of the dangers of the product.”
You might want to include both allegations, to cover yourself.


What you have suffered: “While using Defendant’s product, Plaintiff suffered pain and other injuries, which continue to this day.”

, Finally, you need to tell the court what legal theories justify your lawsuit. In a products liability case, you typically sue for “strict liability.” These are the elements:The product is unreasonably dangerous: “The Quik-Dry 7000, which Defendants design, manufacture, distribute, and/or sell, is defective and unreasonably dangerous. The Quik-Dry 7000 is defective in design and/or manufacture.”
The product was unchanged when it reached you: “The defective Quik-Dry 7000 reached Plaintiff without any significant change in its condition.”
You used the product as intended: “Plaintiff used the Quik-Dry 7000 in the manner that was intended and expected by the Defendants.”
There were no warnings: “Defendant’s defective product was defective due to inadequate warnings and/or inadequate clinical trials.”, You should end the complaint with a request for damages. You can make an estimate of your damages or simply request appropriate damages.


For example, you can type “Wherefore, Plaintiff demands compensatory damages for strict liability from the defendant.”, You must sign the complaint. Insert a line for your signature and the date. Beneath the line, include your full name and address. Also include your phone number and email.Be sure to sign the complaint. You can’t submit an unsigned complaint to the court.
You might need to have the complaint notarized. Check with the clerk when you file. Most often, you can have the complaint notarized at the court clerk’s office for a small fee. Wait to sign your complaint until you find out from the clerk if it must be notarized.
 Make several copies of your complaint and take them all (along with the original) to the court clerk. Tell the court clerk that you want to file.The clerk should stamp your copies with the filed date.
 You will have to pay a filing fee when you file your complaint. The amount will depend on the court. Call ahead to ask for the amount and acceptable methods of payment.


If you cannot afford the fee, then ask the clerk for a fee waiver form. Fill it out and return it to the clerk.
 You must send a copy of your complaint to each defendant along with a summons.You can get the summons from the court clerk. Ask the clerk about acceptable methods of service.


Typically, you can have the complaint and summons personally served on the defendant or the defendant’s agent. To find the agent for a business, check the secretary of state’s website.
You can hire the sheriff or a private process server for a fee. Generally, process servers cost around $45-75. A sheriff usually costs a little less.You also can usually have someone 18 or older who is not a party to the lawsuit serve the complaint and summons. If the corporate defendant lives far away—say, in a different state—then you will probably need to use a process server located in that state.
Seek medical treatment.
Preserve the product.
Get medical records.
Collect proof of lost wages.
Document your pain.
Identify defendants.
Hire a lawyer.
Find a form.
Open a word processing document.
Insert a header.
Decide if you want a jury.
Title the complaint.
Introduce yourself.
Provide more information on the parties.
Describe what each defendant does.
Explain why you are suing in this court.
Make your allegations.
Raise your legal theories.
Request relief.
Insert a signature block.
File the complaint with the clerk.
Pay a filing fee.
Send a copy to each defendant.
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