Defective products have the potential to cause severe injuries and even death. In many cases, companies will recall their products if they believe there is a defect. However, sometimes a recall does not happen until after someone is severely injured.
If you or a loved one in Lubbock suspects that your accident or injuries were caused by a defective product, a Lubbock defective product lawyer from Loncar Lyon Jenkins may be able to help you recover compensation with a personal injury lawsuit against the product’s manufacturer.
What Are Defective Products?
When products are designed with flaws, they can potentially injure consumers that purchase them. If you have ever experienced a motor vehicle company recall a line of vehicles, it is because their product, or the car, is defective and poses a risk to the health and safety of the person that owns the vehicle.
Defective products can sometimes not come with a warning sign from the manufacturer or designer (such as from the above example with motor vehicle recalls). Accidents and injuries can be caused by the products themselves when negligence was a part of the product’s creation.
To begin the process of proving that a product was defective and caused your injuries, you must prove and base your claim on:
- Negligence
- Strict liability
- Implied warranty of fitness
According to the Legal Information Institute (LII), implied warranty of fitness is when a consumer “requests something for a particular purpose, and the seller then supplies a product for that purpose.” From here, the consumer may be purchasing a product that includes an implied warranty. Strict liability may also be relevant, which could hold a defendant liable for a plaintiff’s damages—regardless of the defendant’s intent or mental state when committing the action.
Furthermore, negligence can take place when a defendant fails to act with reasonable care when compared to how someone else with ordinary prudence would have acted under the same situation. At Loncar Lyon Jenkins, a Lubbock defective product lawyer may be able to fight for compensation on your behalf while you recover from your injuries due to a defective product.
For a free legal consultation with a Defective Product lawyer serving Lubbock, call 877-239-4878
How Long You May Have to File a Defective Product Claim
Under Texas Civil Practice and Remedies Code §16.003, you may only have up to two years to file a personal injury lawsuit based on a defective product lawsuit in the state of Texas. The statute of limitations of two years will go into effect the day you are injured. If you fail to submit your claim within this timeline, you may be unable to pursue compensation.
Once the court learns that your defective product case was filed beyond the two-year limit, they will likely grant the dismissal of your case. However, there are several exceptions to this rule. For instance, if the defendant leaves the state following your injury, their time spent outside of Texas may not count towards your time limit of two years to file the personal injury lawsuit. Another exception is if the injury claim deals with a minor under the age of 18.
Regardless of your situation, you may want to consider seeking medical attention as soon as possible (if you have not done so yet). This will help you begin the process of establishing that you suffered real injuries due to the defective product. Medical documentation is one of many forms of evidence you can include in your defective product claim.
Lubbock Defective Product Lawyer Near Me 877-239-4878
Proving Negligence and Liability
When you are building a defective product case that is based upon negligence, you may be required to prove the four elements of negligence:
- An established duty of care owed to the plaintiff
- Proof that the defendant breached that duty of care
- The plaintiff suffered damages or injuries
- The defendant’s breach of care caused the plaintiff’s injuries
Once you have begun to prove negligence, you can then examine who is the liable party. During a defective product case, the liable party could be the product’s manufacturer. Another example of a liable party could also be the seller of the defective product.
At Loncar Lyon Jenkins, we offer free case reviews to help personal injury victims examine their claims and learn more about their legal recourse options.
Contact our Lubbock Defective Product Attorneys today
We Will Help You Regardless of How You Were Injured
Some detective product injuries can be rather severe. For example, if you were driving a motor vehicle that had a defective part that caused you to experience a car accident, you may have suffered a traumatic brain injury (TBI). According to the Centers for Disease Control and Prevention (CDC), the second leading cause of all TBI-related hospitalizations in the U.S. in 2014 was caused by motor vehicle accidents.
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Potential Damages You May Secure
When you experience an injury that you suspect was caused by a defective product, you must seek medical attention to help you prove your damages. Aside from all of the current or future medical costs that you may experience due to a defective product, your other damages may include:
- Lost wages: If you were out of work while you recovered from your injuries, you can seek compensation for the wages you lost.
- Property damages: If your property was damaged because of a defective product, you can seek compensation for those losses. Keep documentation of your out-of-pocket expenses to repair your property.
- Loss of consortium: If your loved one passed away or is severely injured because of a defective product, you can seek compensation for loss of consortium damages. This includes the loss of companionship, support, and other benefits of the relationship.
- Limited earning capacity: If your injuries are severe enough to limit your return to work in the same capacity, you can seek compensation for lost future wages. In some cases, the injury is severe enough to where you cannot return to work at all. Our attorneys can calculate the value of your lost future wages. This also includes any medical or retirement benefits you lose while being out of work.
- Pain and suffering: Defective products can cause painful injuries. Any pain, anguish, or discomfort you felt can be included in pain and suffering damages. This includes pain you felt immediately after the incident and ongoing pain you continue to feel.
- Emotional distress: In some cases, injuries can cause severe emotional distress. If you suffer from any mental health issues because of the incident or your injuries, you can include emotional distress damages in your claim. Examples include anxiety, depression, post-traumatic stress disorder, or any sleeping issues.
When you begin to work towards settling or are looking to present your defective product case to a court, you will have to monetize all of your damages. Once you do so, you can present this figure to the other party when seeking compensation.
Pain and suffering and emotional distress are considered non-economic damages. These types of damages are more difficult to calculate because they are subjective, non-monetary losses. The attorneys at Loncar Lyon Jenkins will calculate the value of your non-economic damages to determine the value of your claim.
We Will Advocate for You to Receive the Compensation You Deserve
At Loncar Lyon Jenkins, we believe companies who sell defective products should be held accountable. We will fight for you to receive the maximum amount of compensation in a settlement agreement. If a settlement cannot be reached, we are prepared to fight for you in court. At Loncar Lyon Jenkins, you can expect:
- Free consultations: A member of our staff is available 24/7, 365 days per year for a free consultation. During the consultation, we will listen to what happened to you and discuss your legal options. We will answer any questions you have regarding your case during the consultation.
- Personal attention: We believe each case and client deserves personal attention after suffering from an injury. We will aggressively advocate for you and be a source of support for you during a difficult time.
- We travel to you: If you are unable to visit one of our offices, we will travel anywhere in Texas to discuss your case.
- Ready to appear in court: Insurance companies and other businesses know we are not afraid to bring cases to trial. This makes them more likely to present an acceptable settlement.
- Contingency fee: Most of our cases are on a contingency fee basis, which means you do not pay for our services unless you receive compensation for your losses.
A Lubbock defective product lawyer at Loncar Lyon Jenkins is prepared to take on your case and fight for your right to receive the compensation you are entitled to.
Fight for Compensation With Loncar Lyon Jenkins
At Loncar Lyon Jenkins, we can potentially pursue compensation on your behalf while you recover from your injuries. During this time, a Lubbock defective product lawyer may be able to investigate your claim to help you prove that negligence, implied warranty of fitness, or strict liability make someone responsible for your injuries.
Contact us today for a free consultation.
Call or text 877-239-4878 or complete a Free Case Evaluation form
