Product liability law is exceedingly complex. At its heart, the law seeks to protect injured victims. They do this by providing avenues for compensation when consumers are blindsided by harm from a product they believed to be safe. However, the law must also balance this with the proper protections for both manufacturers and sellers.
For instance, courts are unlikely to award an injured person compensation if they are injured while using a product in an improper way not intended by the manufacturer. Alternatively, especially in the case of product liability as it relates to medicines or other pharmaceutical products, courts only award compensation when the injury occurs outside of the normal, reasonable risk associated with using the drug or medical equipment in question.
Nevertheless, the primary goal of the law is and should be to protect the public from unnecessary risk. If you were injured by a product, chances are good that you may be able to get compensation for your suffering from the manufacturer of that item. Get in touch with the product liability attorneys at Loncar Lyon Jenkins today by filling out the form on our contact page or by calling us at 800-285-4878.
We are ready to help you fight for justice against those wealthy manufacturers who have intimidating high-end defense teams on their side. Don’t go it alone! Let Loncar Lyon Jenkins protect your rights.
Elements of a Strong Product Liability Claim
In order to present a case with a high probability of compensation, we need to build your claim around certain elements under the law. These include constructing a list of all the damages you have suffered from the incident, filing your claim within the appropriate timeframes, and collecting evidence to show the manufacturer’s fault.
Damages in Product Liability Claims
Product liability cases are a form of personal injury claims. As such, they center on compensating you for the specific harms you have suffered. The financial, or “economic”, damages are those that directly impact your monetary situation. These are often easier to understand and prove because they have clear dollar amounts attached to them. Examples include:
- Medical and hospital bills associated with your injury
- Wages lost from being unable to work while you heal
- Repairing or replacing any property that may have been harmed by a faulty device
On the other hand, you can also seek compensation for non-economic harms like:
- Physical pain
- Mental anguish
- Loss of enjoyment as a result of your injury
- Loss of consortium with your spouse
You can also seek compensation for other damages that do not come with clear monetary values. Give our team a call today to learn more.
Time Limits for Product Liability Cases
When filing a lawsuit for compensation related to injuries caused by a faulty product, you must remember to abide by the correct deadlines. Failure to adhere to the statute of limitations for product liability claims can mean that you lose the right to pursue any compensation at all from the at-fault party.
Most states, including Texas, will be subject to a two-year deadline, starting from the date of your initial injury while Louisiana, Kentucky and Tennessee have one-year deadlines. However, that is not always the case. Many states are discovery-rule states, meaning your deadline does not begin until you know, or should have known you were the victim of someone else’s negligence. If you were injured before a device was recalled, the recall can often reset the two-year deadline to begin on the date of the recall. Due to the complex and intricate nature of lawsuit deadlines, it is best to get help from skilled professionals like the product liability lawyers at Loncar Lyon Jenkins.
Fault in Product Liability Claims
We will also need to show that you are not responsible for the harms you suffered. Largely, this involves providing evidence to prove that you used the product appropriately and that the harm you suffered went beyond the rational expectation of risk associated with the product.
Evidence that your product liability attorney can use includes:
- Eyewitness testimony about the accident
- Photos and video recordings of the product
- Evidence of other people who have suffered in similar cases (especially with medical devices)
- Testimony from expert witnesses, like accident reconstructionists, who can pinpoint the cause of an injury
- Medical reports detailing your damages
Trusting a Law Firm with Experience
At Loncar Lyon Jenkins, we have decades of experience helping injured victims seek justice. Our product liability lawyers are working on cases against big pharmaceutical companies, including:
- Belviq’s manufacturer for potential cancer-causing ingredients
- Hernia mesh manufacturers
- Valsartan’s manufacturer for potential cancer-causing ingredients
- Zantac’s manufacturer for potential cancer-causing ingredients
If you or your loved one were injured by a bad drug, dangerous medical device, or a defective product, you can trust Loncar Lyon Jenkins to help you build your case and negotiate a proper settlement amount. We are also prepared to take cases to trial if the opposing side does not want to provide you with adequate compensation.
Get a FREE Case Review Today
Consult with the product liability attorneys at Loncar Lyon Jenkins via a FREE consultation. To schedule your appointment, simply fill out the form on our contact page and a representative will be in touch with you as soon as possible. You can also call our office at 800-285-4878 to speak with a member of our team.
