Yes, you can still pursue a defective medical devices claim even if your actions may have contributed to the harm, but Texas’ modified comparative negligence laws may influence the amount of compensation you can recover.
A Dallas defective medical devices lawyer can prove your right to compensation and protect your case from being undervalued. Your legal team will defend you against the liable party and insurance companies that may try to place the blame on you.
Modified Comparative Negligence Laws Allow You to Recover Compensation Even If You Contributed to the Harm
Modified comparative negligence is a legal doctrine used to allocate damages when multiple parties are at fault in a personal injury case. According to Texas Civil Practice and Remedies Code § 33.001, each party’s financial responsibility is determined by their percentage of fault.
However, you can only recover damages if your share of fault does not exceed 50%. If you are found to be 50% or less at fault, you can recover damages, but your compensation is reduced by your percentage of fault. If your percent of fault exceeds the 50% threshold, you are barred from receiving any compensation.
This is why working with a product liability lawyer is so important. Your attorney can ensure the liable party and insurers are not trying to wrongfully blame you for an accident you didn’t cause. Your legal team will work to recover all the compensation you’re entitled to.
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How Can Your Defective Medical Device Attorney Protect Your Right to Compensation?
If you contributed to the accident involving a faulty product, your medical device attorney can still protect your right to compensation by employing several strategies:
Minimizing Your Fault
Your attorney can work to minimize the degree of fault attributed to you. By presenting evidence and arguments that highlight the primary responsibility of the device manufacturer or other parties, your attorney can shift the focus away from your actions.
Gathering Comprehensive Evidence
By collecting extensive evidence that supports your claim and demonstrates the device’s defects, your attorney can strengthen your case against the manufacturer. Such evidence includes:
- Your medical records
- Statements from expert witnesses, such as medical providers
- Statements from your friends and family
- Bills and receipts related to your medical care or purchase of the device
- Photos and videos
- The medical device itself
Negotiating with Insurance Companies
Your attorney can negotiate with insurance companies, who may try to attribute a higher degree of fault to you to reduce their payout. Personal injury lawyers in Dallas know how to counter these tactics and advocate for a fair assessment of fault.
Understanding Comparative Negligence Laws
Your attorney will have a thorough understanding of the comparative negligence laws in your jurisdiction. They can navigate these laws to ensure you seek fair compensation, even if you are partially at fault.
Arguing for a Lower Percentage of Fault
During negotiations or at trial, your attorney can argue for a lower percentage of fault on your part, which can significantly increase the amount of compensation you’re eligible to receive.
Pursuing Your Damages
By demonstrating the full extent of your damages, including medical expenses, lost wages, and pain and suffering, your attorney can argue for a higher compensation amount to offset the reduction due to your partial fault.
Legal Advocacy
If your case goes to trial, your attorney can use legal arguments and precedents to advocate for your right to compensation, emphasizing the defective nature of the medical device and the manufacturer’s responsibility over your contributory negligence.
By employing these strategies, your defective medical devices attorney can effectively protect your rights and pursue the compensation you deserve, even if you contributed to the accident.
Even If You Contributed to Your Defective Medical Devices Case, You Can Recover Several Types of Damages
In a defective medical device case, you may be able to recover a range of damages, depending on the specifics of your situation and the jurisdiction in which the case is filed. Generally, these damages can include:
- Medical expenses: Costs for past, current, and future medical treatments related to the injuries caused by the defective device. This can include hospital stays, surgeries, medications, rehabilitation, and any other necessary medical care.
- Lost wages: Compensation for the income you lost due to being unable to work because of your injuries. This also covers future lost earnings if you are unable to return to work or have to take a lower-paying job as a result of your injuries.
- Non-economic damages: Compensation for physical pain and emotional distress you have suffered due to the defective device and the subsequent injuries. This includes compensation for any chronic pain, disability, disfigurement, and loss of enjoyment of life. You can also seek damages to cover loss of companionship, affection, support, and marital relations.
- Wrongful death damages: If the defective medical device leads to the death of a loved one, surviving family members may recover damages for funeral and burial expenses, loss of the deceased’s future earnings, and loss of companionship and support.
The availability and extent of these damages can vary, so consulting with a lawyer who is knowledgeable about defective medical device cases in your jurisdiction is crucial for understanding what compensation you may be entitled to.
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Call Us to Protect Your Right to Compensation for Your Defective Medical Device
The personal injury lawyers at Loncar Lyon Jenkins have experience with cases that involve product liability law. We know how to navigate the aftermath of a defective medical device injury, even if you contributed to the harm. We will work to prove that the medical device company, or another liable party, is responsible for compensating you.
Reach out to our law firm today to get started on your case with a free initial consultation. We don’t charge any upfront fees, so you can start taking legal action today.