How to File a Personal Injury Lawsuit Against a Company for Deceptive Marketing Tactics?

Deceptive marketing is an area of the law that has recently taken center stage. More cases are filed against companies for unfair or misleading marketing practices. These lawsuits are getting more attention than ever before. In addition, this type of case may get more attention from the media and public because many people can relate to being deceived by advertising tactics.

It includes buying something and believing it will work as advertised when it does not work as promised. For example, believing a drug will treat a condition when it does not do anything for that condition in reality.

The Federal Trade Commission is a government organization that protects America’s consumers. The Federal Trade Commission has earlier challenged companies like Oreck, Reebok, and Nivea for deceptive marketing. Each of these challenges resulted in the settlement of consumers’ money. For example, Reebok had to return $25 million to its consumers for deceptive marketing.

You also can challenge such deceptive marketing that leads to personal injury. You have to work on certain areas and take the help of a personal injury lawsuit. The process may seem tough, but the hard work will pay off if you follow the instructions below.

Gather Proof That the Company’s Deceptive Marketing Led to Injuries

To prove that you have a personal injury case against a company, you need to show that their deceptive marketing tactics directly caused your injuries. You will also need to demonstrate how this action harmed you financially, physically, or emotionally. You could also use a medical report provided by a certified medical practitioner to make your point stronger.

It goes for every product marketed in such a way as to deceive customers into believing it is safe when it isn’t.

Study Similar Lawsuits

A good way to start your injury lawsuit is by studying similar cases. Initially, you can start with the court where you file your lawsuit and then move to other courts in the state or county to look up similar cases and laws. A good example of such a personal injury lawsuit is the JUUL lawsuit.

JUUL is a popular e-cigarette manufacturer and is currently under the legal procedure for the deceptive advertisement of its product. Because of its deceptive marketing, thousands of youngsters and students are at risk of serious health issues.

The company has been accused of knowingly selling its harmful nicotine-laden product to teens and students without proper warning and instructions. If you, too, have a similar problem or someone in your acquaintance wants to file a lawsuit against JUUL, they can take the help of a JUUL vape lawyer who is already working in this case.

Determine the Laws Affected by Your Claim

To get the best possible outcome in a personal injury case, you must understand which laws apply to your case. There are several different types of laws that could come into play here:

  • Statutes and regulations
  • Common law – set of rules made by courts
  • Federal or state constitutional rights

Find a Lawyer Who Will Be a Good Fit for You and Your Case

You’ll want to find a lawyer who has experience with the type of case you have. For example, if an unsafe product caused your injury, look for an attorney who specializes in the same.

According to IBIS World, 60,670 personal injury lawyers & attorneys are currently working in the U.S. as of 2022. This number has increased by 3.8% from 2021.

If possible, finding a lawyer with a good community reputation and who has been practicing law for many years is always good. That way, they will know all the ins and outs of how things work in court. It is important because it will give you peace of mind knowing that your case is being handled properly by someone who knows what they are doing!

Calculate Your Damages

If a company has damaged your health by making false claims about its product, you can file a lawsuit for damages. These damages may include,

  • The cost of medical treatment and lost wages
  • Costs related to property damage
  • Pain and suffering, emotional distress, or other damages that you can prove

According to the U.S. Law Dictionary, 95% of personal injury lawsuits end up in a settlement, and only 5% of cases go to trial. It means the chances of getting compensation are high if you have suffered monetary losses. All you need is to have a good attorney.

Follow the Tort Laws of Your State

The tort laws of your state will determine whether you can file a lawsuit. The tort laws of your state will also determine how much money you can collect in damages and whether you have to pay the other party’s attorney fees.

For example, suppose the other party is found at fault and is liable for damages because they violated a law or regulation. In that case, those damages are recoverable under a civil system. But if they did not violate any specific law or regulation, they may have committed a tort but not caused any actual harm, and no compensation will be awarded.

File the Lawsuit Within the Statute of Limitations

There are several types of statutes of limitations, and they vary by state. The most common type is a personal injury statute that limits the time you have to file a lawsuit against someone else for causing you harm or damage.

In general, these statutes give plaintiffs two years from when the injury occurred to file their claim with their local court system. However, there are exceptions to this rule. For example, if you didn’t know about your injuries until later on in life, then maybe your statute can be extended so that it lasts longer than two years after happening.

Conclusion

To successfully file a personal injury lawsuit against a company for deceptive marketing tactics, your attorney must prove that the defendant’s actions directly caused your injuries and losses.

It means that you must prove all of the following. You were injured as a result of the company’s actions. You must also show that you suffered losses. Finally, the company’s actions were deceptive, such as false advertising or other misleading practices.

The best way to get started on your case is by hiring a personal injury lawyer who can help guide you through the process. Many laws may apply in your case, so it’s important to choose wisely when choosing an attorney.