If you or a loved one suffered injuries or developed an illness because of a defective product in Texas, you may qualify to pursue compensation from a liable product manufacturer, designer, or marketer. A product liability lawyer in Texas can build your case against the appropriate party and demand compensation on your behalf.
What Happens If You Miss the Deadline to File a Product Liability Claim in Texas?
If you do not submit your product liability lawsuit within Texas’ statutory filing window, you risk having your case dismissed. The judge reviewing your case may reject it, or the defendant can request a case dismissal.
After a case dismissal, the defendant would not be responsible for paying your damages, regardless of how compelling your case is. As such, a dismissal of our lawsuit could cause you to lose any leverage you have to resolve your claim, resulting in a loss of bargaining power with the insurer for your settlement. This is why it’s crucial that you file your product liability case as soon as possible to avoid any legal complications.
The Statute of Repose May Further Limit Your Options for Financial Recovery
Per Texas Civil Practice and Remedies Code § 16.0265, there is a 15-year statute of repose on product liability claims. In short, a statute of repose restricts how long people have to file a claim after the completion or release of the product. A statute of repose goes into effect even if someone has not suffered injuries.
For example, if a toy company released and distributed a product 20 years ago, but no one had ever taken it out of the box, the statute of repose could protect the company from potential lawsuits if someone took the toy out of the box and suffered an injury due to a defect.
Still, certain contexts may alter whether your case is still within its legal limits despite the statute of repose. Our legal team can review your case to see if you still have grounds to come forward with your claim or lawsuit.
What Kind of Damages Can You Recover in a Product Liability Claim?
Product liability claims allow plaintiffs (the injured party) to demand compensation for their economic and non-economic losses, which can include:
- Medical treatment costs, such as costs for emergency room care, surgeries, and follow-up doctor’s appointments
- Income loss if the injury forced you to miss work to recover from your injuries
- Pain and suffering and inconvenience
- Emotional distress, including depression and anxiety
- Reduced earning potential if your injuries force you to take a lower-paying position because you can no longer perform your regular work duties
- Out-of-pocket costs for prescription medicines, caretaking services, and medical equipment (e.g., electric wheelchair) if you suffered a permanent disability or catastrophic injury
- Diminished quality of life
If you lost a loved one because of a defective product, you may qualify to file a wrongful death action. Surviving spouses, children, and parents often qualify to receive compensation for funeral expenses, emotional losses, and medical debts they’ve inherited as a result of their loved one’s passing.
You will have an opportunity to describe how the defective product accident has affected your personal life. Our team will be thorough in calculating how much compensation we should pursue on your behalf.
What does a Product Liability Lawyer Do?
A product liability lawyer serves as your legal representative in a personal injury case. They can organize an investigation into the incident when the defective product caused you injury or illness, then build a case against the appropriate party to hold them liable for your damages. Their objective is to advocate for your legal right to receive compensation from a liable party.
When you work with a product liability lawyer from our firm, we offer to:
- Conduct a private investigation into your case to collect evidence, such as photos or videos that captured how the defective product injured you
- Research your case to see if other information exists to support your claims, such as recall announcements or similar case stories
- Communicate with relevant parties on your behalf, such as the product manufacturer’s legal team
- Prepare legal documents on your behalf and submit them in a timely fashion
- Attend negotiation meetings to work out a settlement deal for your case
- Prepare your case for court or trial should you decide to move forward with a lawsuit
Our legal team will also be available to advise you throughout the litigation process. For example, if there exists a class action lawsuit about the defective product named in your case, we may advise you on whether it is in your interest to join the class action or proceed with an individual case.
Have More Questions About Your Product Liability Case? Call Domingo Garcia
If you or a loved one suffered injuries because of a defective product in Texas, you may qualify to file a product liability claim against the product manufacturer, designer, or marketer. Our legal team at Domingo Garcia can review your case and determine how long you have to file a product liability claim in Texas based on the information we gather.
Call now to get a free consultation with a member of our team. We can start working on your case from the moment you agree to work with one of our product liability attorneys.
