The short answer

If a product injured someone, do not discard, repair, or return it — the item itself is usually the central evidence. Report the incident to the relevant federal agency, keep the packaging and purchase record, and get advice before accepting any replacement or refund that comes with paperwork to sign.

Your reading roadmap

01

The product is the evidence

In most other injury claims the evidence is a scene that no longer exists. Here it is a physical object you may still be holding. Returning it to the retailer, sending it back to the manufacturer for inspection, having it repaired, or throwing it away can each end the practical ability to prove what went wrong. Store it unaltered, along with anything it came with.

  • The product itself, unrepaired and uncleaned
  • Packaging, manuals, warnings, and inserts
  • Purchase record, listing, or order confirmation
  • Model, batch, lot, or serial numbers, photographed
  • Photographs of the failure and of any resulting damage
  • Medical records connecting the injury to the incident

02

Three federal agencies collect reports

Which one depends on the product. The Consumer Product Safety Commission handles most household goods, and consumers can report an injury or a risk of harm through SaferProducts.gov, where reports inform whether CPSC acts. Vehicle, tire, and car seat concerns go to the National Highway Traffic Safety Administration, which may open a defect investigation. Problems with drugs, biologics, and medical devices go to the FDA through MedWatch.

03

Reporting is not a claim

Filing an agency report and pursuing a legal claim are separate activities with separate purposes. Reporting contributes to safety surveillance and possible regulatory action; it does not compensate anyone or preserve a filing deadline. Doing one does not substitute for the other, and reporting does not prevent you from getting legal advice.

04

Check whether a recall already exists

CPSC publishes recall notices describing the remedy a manufacturer is offering, and NHTSA maintains searchable recall information for vehicles and related equipment. An existing recall is useful context. It does not by itself establish that a particular product caused a particular injury, and it does not answer the legal questions — but it is worth checking early and worth telling a lawyer about.

05

Be careful with the remedy on offer

A manufacturer or retailer may offer a refund, replacement, or repair. Accepting one can be entirely reasonable. What deserves attention is anything that asks you to return the item, sign a release, or agree to terms — because handing over the product removes your evidence and signing a release may close a claim permanently. Ask what you are signing before you sign it.

06

Who might be responsible is a longer list than you think

A product passes through manufacturers, component suppliers, importers, distributors, and retailers, and different parties may carry different responsibilities under a state's law. Identifying them can require the model and batch information you photographed at the start, which is one more reason that step matters.

FAQ

Frequently asked questions

Should I send the product back for the company to inspect?

Get advice first. A company inspecting the item may be a normal part of resolving a complaint, but once the product leaves your control you may lose the ability to have it examined independently, and it may not come back. If an inspection is going to happen, the terms of it are worth discussing with a lawyer beforehand.

Does a recall mean I automatically have a claim?

No. A recall indicates that a manufacturer or a regulator identified a safety concern with a category of product. A claim still requires showing that the product caused this injury and that the legal requirements in your state are met. It is helpful evidence and a useful starting point, not a conclusion.

What if I no longer have the product?

It makes the claim harder, not necessarily impossible. Photographs, the packaging, purchase records, medical evidence, and information about recalls or other reported incidents can all matter. Tell a lawyer exactly what happened to the item and when, rather than working around the gap.

Official forms and preparation tools

Get organized before you file or ask for help.

Use the preparation aids to collect information. Always obtain legal forms from the court or agency that controls them.

Preparation resourcesThis is a preparation aid, not a legal document. Nothing here is filed with a court or agency, nothing here is legal advice, and completing it does not establish that you have a claim, a defense, or an obligation. Use it to organize your own information so a conversation with a licensed attorney is more productive.
timeline

Injury incident timeline

Fixes the sequence of events while memory is fresh, in the form a lawyer or adjuster can actually use.

Open checklist

How to use it

  1. Write it within days if you can; memory reshapes quickly
  2. Keep it factual and avoid characterising fault
  3. Mark where a record exists and where you are relying on memory
  4. Date the document itself, and do not rewrite it later

Before the incident

  • What you were doing and where you were going
  • Conditions — light, weather, surface, noise
  • Anything you noticed that seemed unsafe
  • Any prior injury to the same part of your body

The incident itself

  • Date and time, as precisely as you can
  • Exact location, including which entrance, aisle, or lane
  • What happened, in sequence
  • What was said at the scene, and by whom
  • Who was present, with contact details

Immediately afterwards

  • Who was notified, and when
  • Report or claim numbers issued
  • Whether photographs were taken, and by whom
  • What was moved, cleaned, or repaired, and when
  • First symptoms, and when they appeared

The days that followed

  • First medical visit and what was said
  • Work missed, and when it began
  • Contact from any insurer, with names and dates
  • Anything you signed or agreed to
Limitations

This is preparation, not a statement to any insurer or court

It does not establish fault or the value of any claim

Completing it does not preserve any filing deadline

It is not legal advice and creates no attorney-client relationship

log

Injury evidence log

Records what evidence exists, where it is, and what is at risk of disappearing before anyone requests it.

Open checklist

How to use it

  1. List what exists before worrying about what it proves
  2. Flag anything on a short retention cycle, especially video
  3. Note who controls each item, not only what it is
  4. Do not alter, clean, repair, or discard anything relevant

Physical evidence

  • Anything involved in the incident, kept unaltered
  • Damaged clothing, footwear, glasses, or equipment
  • Vehicle or property damage, and where it is now
  • Where each item is stored, and who has access

Images and recordings

Video retention cycles are frequently measured in days. Identify who controls footage first.

  • Your own photographs and video, with original timestamps
  • Photographs taken by anyone else, and who has them
  • Nearby cameras — business, doorbell, transit, traffic
  • Who controls each camera, and whether they have been asked

People

  • Witnesses, with phone numbers and how to reach them
  • Anyone who arrived afterwards and saw the conditions
  • Staff or officials who responded
  • Anyone who saw your condition in the days that followed

Documents

  • Incident, police, or store reports and their numbers
  • Correspondence from any insurer, with claim numbers
  • Anything you have signed, with a copy retained
  • Repair estimates, invoices, or property valuations
Limitations

Listing evidence does not preserve it; some items require a formal request

It does not determine what is admissible or what matters legally

It does not preserve any filing deadline

It is not legal advice

log

Medical treatment and expense log

Tracks treatment, costs, and missed work as they happen, so losses are documented rather than reconstructed.

Open checklist

How to use it

  1. Update it weekly; reconstruction months later is incomplete
  2. Record what was billed, what insurance allowed, and what you paid
  3. Note the reason for any gap in treatment at the time it happens
  4. Keep receipts even after a reimbursement

Providers and visits

  • Provider name, specialty, and contact details
  • Date of each visit and what it was for
  • Diagnosis or findings as explained to you
  • Referrals, imaging, and therapy ordered
  • Whether records have been requested, and when

Costs

  • Provider bills, with dates and amounts billed
  • Explanation-of-benefits statements showing allowed and paid amounts
  • What you paid out of pocket, with receipts
  • Prescriptions, equipment, and supplies
  • Travel, parking, and childcare for appointments

Work and income

  • Dates missed, and whether paid or unpaid
  • Sick leave or vacation used
  • Employer confirmation obtained, and from whom
  • Duties you could not perform on return

Daily effect

Specifics carry weight; adjectives do not. Record the shift you could not work, not how bad it felt.

  • A line or two per day: what hurt, what you could not do
  • Specific activities missed, with dates
  • Help you needed that you would not normally need
  • Any reason you missed or stopped treatment
Limitations

This is a private record, not a medical record or a claim submission

It does not establish that any expense is recoverable

It is not medical or legal advice

Records govern where this log and the records disagree

log

Insurer communication log

Creates a dated record of every insurer contact, request, and offer, so nothing rests on recollection.

Open checklist

How to use it

  1. Add an entry during or immediately after every contact
  2. Follow significant calls with a short written summary by email
  3. Record what was requested and under what authority
  4. Keep copies of everything sent to you and everything you sign

The basics for every contact

  • Date, time, and how contact was made
  • Name, company, and whether it is your insurer or another party's
  • Claim number referenced
  • Who initiated the contact

What was asked

  • Information or documents requested
  • Whether a recorded statement was requested
  • Whether an authorization was requested, and its scope
  • What you were told was required, and on what basis

What was said and agreed

  • What you provided or declined to provide
  • Any offer made, and whether it was confirmed in writing
  • Any deadline you were given
  • What was promised, and by when

Documents exchanged

  • Letters and emails received, with dates
  • Anything you signed, with a copy retained
  • Records or bills you sent, and when
  • Anything you asked for in writing and did not receive
Limitations

This is a private record and is not submitted to anyone

Keeping it does not satisfy any policy obligation you may owe your insurer

It does not preserve any filing deadline

It is not legal advice about what you must provide

worksheet

Injury consultation worksheet

Turns a first meeting into an assessment by fixing the facts, the documents, and the questions in advance.

Open checklist

How to use it

  1. Complete the facts and documents sections before the meeting
  2. Bring your declarations page; coverage questions come up immediately
  3. Disclose the awkward facts rather than waiting to be asked
  4. Write the answers down, including who gave them

What happened

  • Date, location, and a short factual sequence
  • Who else was involved, and any report numbers
  • Whether fault has been disputed or assigned to you
  • Whether a government entity or business was involved

Injuries and treatment

  • Injuries diagnosed, and by whom
  • Whether treatment is ongoing or finished
  • Any prior injury to the same body part
  • Any gap in treatment, and the reason for it

Insurance and money

  • Your own declarations page and coverages
  • Any other policy that might apply
  • Health insurance or program that has paid for treatment
  • Losses documented so far, and what is still missing

What you have already done

These change the advice, and every one of them is better raised now than discovered later.

  • Statements given, to whom, and whether recorded
  • Authorizations or documents signed
  • Offers received
  • Any other firm you have spoken with or signed with

Questions to ask

  • What deadline applies to a claim like mine, and where does it come from?
  • Who handles my file, and would it be referred elsewhere?
  • How often does this firm try cases?
  • Are costs deducted before or after the fee is calculated?
  • Do I owe advanced costs if there is no recovery?
  • Who resolves liens and reimbursement claims, and is that inside the fee?
  • What is the weakest part of my claim?
Limitations

This does not evaluate your claim or establish its value

It is not submitted to anyone and collects no information about you

Completing it creates no attorney-client relationship

It does not preserve any filing deadline

Official form referencesForm references are educational. Which form applies, whether it applies to you, and when it must be filed depend on your jurisdiction and your circumstances, and official forms are revised over time. Always obtain the current form from the issuing court or agency, read its official instructions, and confirm with a licensed attorney before relying on it.
Federal · U.S. General Services Administration

SF-95 — Claim for Damage, Injury, or Death

Presents an administrative claim to a federal agency for property damage, personal injury, or death alleged to have been caused by a federal employee acting within the scope of employment.

Form guide
Who may need it

Someone whose claim is against the United States. It does not apply to claims against a state, county, city, school district, or other non-federal public body, each of which has its own separate scheme.

When generally used

Before any lawsuit. Federal law requires a claim to be presented to the appropriate federal agency and denied in writing before an action may be instituted.

Before starting
  • The correct federal agency whose employee is alleged to be responsible
  • Date, time, and place of the incident
  • A description of what happened and the basis of the claim
  • The nature and extent of injury or damage
  • A sum certain — a specific dollar amount claimed
  • Witness names and contact details, where there are any

What the sections ask for

Section explanations describe what a form is asking for in ordinary language. They are not instructions about what any individual should write, and they do not replace the official instructions published with the form.

Agency to which the claim is submitted

Identifies which federal agency is being asked to consider the claim. Presenting to the wrong agency is a common and consequential error.

Basis of claim

A description of the incident and why the claimant says a federal employee is responsible.

Amount of claim

Asks for a specific figure. The requirement that a claim state a sum certain is why this box matters more than it appears to.

Signature and certification

Signed by the claimant or an authorized representative, certifying the claim.

Common mistakes

  • Presenting the claim to the wrong federal agency
  • Using this form for a claim against a state, county, or city body
  • Omitting the sum certain
  • Filing suit before the agency has denied the claim in writing
  • Assuming the standard form is the only acceptable format when the regulations permit other written notification
Get the current form from U.S. General Services Administration

Last source check: 2026-08-20 · awaiting attorney review

Continue preparing

Know what to gather before you act.

Keep in mind

Lawyer in Town publishes general legal information for consumers. It is not legal advice, it does not create an attorney-client relationship, and it cannot account for the facts of any individual situation. Laws, court procedures, filing deadlines, and outcomes differ by state and by court, and they change over time. Confirm anything that affects a decision with a lawyer licensed in the relevant jurisdiction.

Agency reporting routes described here are federal. The legal theories available in a product claim, what must be proved, applicable defenses, and any interaction with federal regulation are governed by state law and differ by state.