What Type of Compensation Can I Get from a Product Liability Claim in Texas?

Product Liability

Children’s toys and medical devices can cause tragedy if they are defective, dangerous, or lack proper safety measures. And thousands of Americans are killed or seriously hurt each year by such products. Luckily, victims can receive help with injury-related expenses when they file a product liability claim with the help of an Edinburg personal injury attorney.

You might have a valid case if you were injured, a specific product is a direct cause, it was defective, and you used it as intended. You need to fight for your legal rights and rights to recover all deserved damages.

What is the Procedure for Seeking Compensation?

Anyone injured by a product is entitled to compensation. But not every case brought to court ends up with an award. A winning case often results from cases where the victim acts appropriately and exercises due diligence.

Getting Medical Attention

Failure to seek immediate medical help can aggravate your injuries and possibly compromise any legal claim. You can go to your personal physician, an urgent care facility, or a hospital emergency room. Make sure that the nurses or doctors document everything in writing.

Hiring an Experienced Attorney

A seasoned Edinburg product liability lawyer knows exactly what needs to be done to preserve your legal interests. They can facilitate and advise you on gathering witness statements, keeping physical evidence, and filing all necessary legal documents.

Gathering Evidence and Information

Taking pictures of the product, the injuries caused by the product, and the surrounding circumstances is critical to the success of your lawsuit. Similarly, the names and contacts of anyone who witnessed the events can help significantly.

What Pitfalls Should I Avoid to Receive Compensation?

Now that you know what to do once a defective product injures you, it is time to know what not to do. You might want to avoid:

• Posting anything about the lawsuit on social media
• Discussing the case with anyone
• Speaking to a representative of the company if they contact you
• Contacting the company that made or sold the product that injured you

Often, your words can be misinterpreted and used against you to deny you compensation. Therefore, it is advisable to have a product liability lawyer in Edinburg, TX, handle your communication with the police, defendant, insurance company, or their attorney.

What Types of Product Liability Claims Can One Pursue in Texas?

An analysis of your injuries and how it is related to the product determines the type of claim you can file against the responsible parties. An experienced personal injury lawyer in Texas can advise you on how best to file your lawsuit.

Defective Marketing or Failure to Warn

Manufacturers and marketers of a product are required to warn users or give them notice of:

• Reasonably anticipated non-conforming uses
• Known dangers of using the product
• Reasonably anticipated dangers of using the product

If your injury resulted from a reluctance of the responsible parties to warn or notify you of the dangers, you could file a claim along this line.

Defective Manufacturing

Carelessness in the manufacturing, construction, fabrication, or assembly of a product is enough grounds for a lawsuit. It can come in the form of:

• Failure to include essential components
• Failure to oversee the manufacturing process
• Use of substandard parts

Defective Design

Products designed carelessly can cause injuries to the users. For example, vehicles’ designs that make them too heavy and susceptible to rolling over can make their designers liable.

What Damages are Available in a Product Liability Claim?

Victims can receive compensation for all the actual losses related to a defective product. Some of the damages you are likely to receive include:

• Unreimbursed property damages
• Physical pain and suffering
• Loss of physical companionship or consortium
• Inability to take part in activities that give meaning to your life
• Medical bills not paid for by insurance
• Income and wages lost due to the injury

Note that the types of damages one can claim vary from one case to another. Only after a detailed case evaluation can you be sure about the compensation you might receive.

What Makes Product Liability Cases Complicated?

In Texas, product liability lawsuits are among the most challenging cases to prepare for and win. Some of the things that make them complex include:

• The company’s insurance company denying your claim
• The company blaming you for causing your injuries
• More than one company being involved in the legal case
• A company destroying or concealing evidence relating to your case
• A company hiring an attorney or attorneys to aggressively defend their actions
• A company denying doing anything wrong

A lot is usually at stake in such cases. Solo suits are usually worth thousands or millions of dollars, or even billions for larger class-action lawsuits. So, despite the complexities, these cases are worth fighting for.

Is an Attorney Necessary in a Product Liability Case?

A skilled Edinburg product liability attorney might be instrumental to the success of a product liability case. First, they understand the complexities of product liability cases and have the resources necessary to help you win.

They can gather expert witnesses that can carefully explain the loss and liability to the jury and the judge. Their understanding of the most compelling evidence to a judge is also a great addition to your case. Particularly, an attorney can tell when a settlement is in a client’s best interest, as opposed to a trial.

Attorneys Committed to Fighting for Injured Victims

Large companies sometimes pressure victims into dropping their cases or accepting less than they deserve. Most achieve this by intimidating or bullying you out of your demands. But if you are well-guided and represented, you will be more acquainted with your legal rights and have confidence every step of the journey.

The personal injury attorneys at Brasure Law Firm PLLC believe in paying attention to each client for better results. The client-attorney relationship is highly valued, and clients are treated with respect and their information kept confidential. Talk to us today to get information on compensation possibilities in Texas.