Throughout Texas, defective product injuries happen every day, and your injuries may range from mild to extremely severe and life-changing. First, you need to obtain medical attention immediately, which should always be your first concern. However, medical costs will quickly begin to mount and require serious attention.

In general, any foreign or domestic company that does business in the United States can be held liable for a defective product in a Texas court of law. But these cases are always legally complex, have extenuating circumstances, and involve numerous documents, investigations, and other legalities. So, it’s also vital to discuss all the details of your case with a qualified San Antonio personal injury lawyer before moving forward with any legal action.

A defect in a product can turn any ordinary household or workplace product into a potentially life-threatening object. Texas law, however, does provide you as the injured person significant recourse to obtain your rightful compensation. Still, many items must be collected, organized, and professionally presented to the Texas courts.

The scope of defective product cases is broad, and every one involves different facts and details. Essentially defective product claims fall into three main categories of product liability, they are:

  • Defective manufacture of the product itself – The item has inherent flaws in its manufacturing.
  • Defective design – The design and engineering of the product itself is flawed.
  • Failure to provide adequate warnings or instructions on using the product – The manufacturer does not explain the proper use of the product or inherent dangers concerning the improper use of the product.

Your personal injury lawyer will prove that the defective product meets its legal definition by establishing any of the above. This definition is: a product is defective if it is unreasonably dangerous when used for its intended purpose, without any alterations or interference.

It’s vital to note that in most product liability cases, the manufacturer or seller may be held liable for placing a defective product into the hands of you, as the consumer. So, responsibility for a product defect that caused your injury may lie with the manufacturer, sellers, or any entity in the distribution chain.

If you are filing a defective product claim in San Antonio, your personal injury lawyer will explain that there are commonly two different types of damages: compensatory and punitive. Your case will always be dependent on its specifics, but your lawyer will typically base it on one or two kinds of damages.

You must consult with an experienced San Antonio product defect lawyer familiar with these cases. By doing so, you can be assured not only to get the compensation you deserve but that the amount is sufficient to help you recover, get rehabilitation, and move on successfully with your life.

Simply, What Is the Difference Between Compensatory and Punitive Damages?

Essentially, compensatory damages will place a monetary value on the injuries received because of using the defective products. Your personal injury lawyer will outline in your claim each area of your life that has been negatively affected due to the faulty product and assign a respective dollar amount to each one.

These areas usually involve all medical expenses you incurred to treat your injury, lost wages or profits lost because of your injury, the possible amount of property damage the defective product caused, your loss of future earnings, and more.

Calculating all the economic damages will apply to your present situation and future losses or expenses. Additionally, non-economic losses may be warranted for any pain and suffering the accident and injury has caused you and your family.

Punitive damages may be awarded if the manufacturer (or seller) is found to have acted with blatant disregard for your safety. The defendant may be fined as a punishment for overt negligence and more. The court often uses these types of damages to set an example for future cases and prevent anyone else from acting similarly.

The amount of these damages will vary but will commonly depend on the defendant’s level of recklessness or willful intent.

What Is The “Statute of Limitations” For Filing My Defective Product Claim?

In Texas and most personal injury cases, the “statute of limitations” for defective product claims is commonly two years from the incident. This may seem like a long time, but it is not with most defective product cases. Often, your injury appears long after your accident, and if you pass this “deadline” to file, you may lose your right to any recourse at all. Don’t lose heart; however, depending on precisely what your injuries are and their severity, your professional, experienced personal injury lawyer may have ways to extend that time frame.

Even in a timely claim, these cases are legally complex and involve a detailed collection of evidence, and documents, to present to the court. So, timing is always vital to winning your product liability case, and the sooner you consult with a San Antonio defective product lawyer, the better.

How Will My Personal Injury Lawyer Prove My Defective Product Case?

It’s now clear that they’re many details involved in proving (and winning) your product liability case, but essentially four elements must be addressed.

These elements are:

  • You, the victim, suffered an actual loss of property, were injured, have lost wages, or possibly even died.
  • The product was defective, and it was proven to be so by examination, testing, etc.
  • The defect inherent in the product directly or contributed to your property loss or physical injury.
  • You used the product as described or instructed, as any reasonable individual would.

There will always be legal hurdles that your lawyer will overcome. The timelines are only one, but others may include such things as; the product was sold in an unreasonably dangerous condition or with an inadequate warning. Also, the seller expected and intended that the product would reach you without unexpected alterations.

In many product defect cases, you and your family depend on the compensation received to thrive and move on. Always make sure you have the proper legal representation to fight diligently and aggressively and seek justice on your behalf.

I Have To File a Defective Product Claim; How Should I Proceed?

First, immediately obtain the medical help you need. After that, however, consult with an experienced, empathetic, aggressive, and professional personal injury firm that will fight for you and your family. Obtaining a highly qualified San Antonio law firm familiar with all types of personal injury cases, including product defects.

Consult with them as soon as possible, and they will help you get the medical care and compensation you legally and rightfully are entitled to.