Your defective product case can be settled out of court. Most civil cases result in a settlement, but the parties liable for the defective product must be willing to settle for a fair compensation. If liable parties refuse your lawyer’s settlement demands, your attorney may advise you to take your case to trial. If so, your lawyer can handle that for you.
If you hire a Dallas defective product lawyer to lead your case, you won’t have to worry about the details of settling or going to trial. An attorney can negotiate on your behalf and handle a trial from start to finish.
Why an Attorney Can Seek to Settle Your Defective Product Case Out of Court
Settling a defective product case can be in all parties’ best interests. However, your interests as the victim of negligence are most important. A product liability lawyer may work to settle your case because:
- You deserve compensation as soon as possible: You should not have to wait any longer than necessary to obtain a financial recovery. Settling is the clearest path to obtaining the money you are entitled to, as trials take longer than settlements.
- Settling provides certainty: When you negotiate a settlement, you and your attorney know what the financial agreement is. You have total power to say “yes” or “no” to that agreement. When you go to trial, the case’s financial outcome is in the jury’s hands—for better or worse.
- Liable parties may negotiate in good faith: Trials are usually only necessary when liable parties refuse to negotiate in good faith. If insurers or other liable parties are willing to agree to a fair financial settlement, your case will not need to progress beyond the negotiation stage.
- Settling is more cost-effective and efficient than going to trial: Trials require more time and money than settlement negotiations. For this reason, it is generally in your and your lawyer’s best interests to seek a settlement before considering a trial.
Settling is typically the ideal outcome of a defective product case, but it is not your only option for obtaining compensation.
Your Attorney Will Be Ready for a Trial If Your Case Warrants It
A Texas personal injury attorney will be ready and willing to take your product liability case to court. A trial may be necessary if:
- There is a dispute about the nature of your physical or psychological injuries.
- Liable parties contest your attorney’s calculation of your damages.
- Liable parties allege that you used the product inappropriately, which frees them from liability.
- Liable parties simply refuse to meet your attorney’s settlement demands.
The Federal Trade Commission (FTC) has levied financial penalties against negligent manufacturers, but such decisions do not typically help victims of defective products. It is up to you to seek compensation for your damages, and you may be wise to have a lawyer lead your fight for justice.
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What Damages Will My Defective Product Lawyer Include in Settlement Demands?
An attorney building a case to support your product liability lawsuit can gather all relevant information about your case, including how a defective product harmed you. They can investigate your compensatory damages, which may include:
- Pain and suffering: This class of non-economic damages can include physical pain, psychological distress, emotional anguish, lost or impaired quality of life, sleep problems, and similar damages. An attorney will also consider scarring and disfigurement when calculating your damages.
- Lost income: Your legal team will consider all professional damages from a defective product. These may include lost income, diminished earning power, missed bonuses and promotions, and lost benefits.
- Medical bills: Our team will pursue compensation covering every medical expense related to a defective product. The more serious and long-lasting your injuries are, the more costly your medical care may be.
- The loss of a loved one: Our team offers sympathies if you lost a loved one because of a dangerous product (and the negligence of its manufacturer or seller). A wrongful death lawyer can seek damages for funeral expenses, loss of consortium, lost financial support, pain and suffering, and other types of damages.
Our team has ample experience representing those harmed by defective products. We will fight for your financial recovery and can settle your case fairly or file your personal injury lawsuit and take it to court.
What Can I Expect From My Defective Product Attorney?
A defective product attorney can build your case by:
- Obtaining information about the product’s defective design, manufacturing process, and distribution and whether their adequate warnings about potential dangers were in place
- Working to prove specific instances of negligence by liable parties
- Documenting every loss resulting from liable parties’ negligence
- Calculating a fair settlement value
- Negotiating a settlement on your behalf
- Taking your case to court if liable parties do not agree to settle
An attorney can also protect your rights, advise you transparently, and evaluate settlement offers with you. Contingency fee law firms do not receive payment unless you receive compensation for damages, so they have every incentive to secure the settlement or verdict you deserve.
What Happens If I Choose Not to Hire a Defective Product Lawyer?
You may face health complications, psychological stress, and difficulty building your case if you choose not to hire a lawyer. You will be dealing with experienced insurance representatives and perhaps even a product manufacturer’s legal team. The good news is you can have a dedicated legal team on your side that leads these cases regularly.
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Call Loncar Lyon Jenkins Today for a Free Consultation About Your Defective Product Case
Holding negligent product manufacturers responsible is a monumental task that the Loncar Lyon Jenkins team is up to take on. Our team has relevant experience, substantial financial resources, and a results-oriented approach to every case we handle.
We can also file your case by the statute of limitations deadline. In Texas, injured parties generally have two years to seek damages, per Texas Civil Practice and Remedies Code § 16.003. Call in the Strong Arm when a defective product causes you harm. Call Loncar Lyon Jenkins today for your free consultation.