Product Liability Lawyers Cedar Park, TX
Products that are intended to satisfy their users often end up harming them. Those who are victims of defective or malfunctioning products have a right to take legal action against anyone who is responsible for their suffering. However, these individuals will need the assistance of a personal injury attorney to assure that they receive fair treatment and adequate compensation.
Millions of Americans suffer physical harm every year in incidents related to faulty products. These products include household appliances, machinery, toys, chemicals, vehicles, food and clothing. The defects can range from a car seat that was not properly designed to food that became contaminated before it reached the consumer. Those who are injured are entitled to compensation for the purpose of covering medical expenses, rehabilitative services and lost income, and even for the physical and emotional pain that resulted from the injury.
The basis of most product liability cases is negligence, meaning that the improper actions of the responsible party in some way caused the injury to the person making the claim. In accordance with this principle, if a purchased item caused an injury while being used as intended, the injured party can take legal action against the party deemed negligent. Under the principle of strict liability, the manufacturer of a defective product can be held liable for injuries even if there was no specific negligence or intent to harm anyone. Some forms of product liability concern a simple breach of warranty, while in other cases defective products may violate specific consumer laws. Victims of product injuries require legal representation to guide them through the myriad of laws so that their rights are protected.
Product injury cases can be complex and involve several parties. An injury may result from a design defect that made a product inherently unsafe. There may have been errors during the assembly process that created hazards in a product that was properly designed. There can also be marketing mistakes related to incorrect labeling, instructions or warnings that led to the improper use of a product and an ensuing injury. As a result of the different aspects of a case, the responsible party may not be easily identified. Potential liability can extend from those who designed and manufactured a product to the wholesaler and even the retailer.
In addition to determining who is responsible, it will be necessary to prove exactly how the product caused the injury for a claim to be successful. The plaintiff may attempt to thwart legal action through a certain defense strategy, including the claim that the product was not properly used after it was purchased. An attorney representing the defendant will carefully evaluate the case to determine its viability, and will be prepared to take it to trial if necessary. Lawyers are trained to use their knowledge of the law and will gather the facts and employ specialists in other fields to help them win cases.
What To Do After Being Injured From a Defective Product in Cedar Park
1. Seek Medical Treatment
The most important thing to do after sustaining an injury is to promptly seek medical attention, particularly if the injury is serious. Examples of major injuries which may require a visit to the hospital can include:
- Broken bones
- Severe cuts or lacerations
- Stomach illness or vomiting
- Head and neck injuries
- Temporary blindness or deafness
Even if the injury does not seem serious at first, it may nevertheless be a good decision to seek medical attention. Many times, an injury may manifest or appear as a minor injury. However, if the injury is not properly treated by a medical professional within a reasonable time, the injury can worsen. Thus, it is important to consider taking a visit to a doctor or hospital, even in these types of cases.
2. File a Report or Complaint
Another important step that should be taken following an injury from a defective product is to file a formal accident report with the company who manufactured and sold the product. Such a report may prove to be helpful for several reasons. First, the report can serve as official evidence of the accident, as it may contain many important details such as when, where, and how the accident occurred. Second, the report will hopefully put the company on notice when it comes to fixing their products moving forward.
3. Document the Accident
Perhaps the most important step in this process is to document the accident. This means keeping and maintaining an organized file that contains every important piece of information relating to the accident and injury. For instance, you should consider keeping a folder containing documents such as:
- Photographs of your injuries
- Photographs of the defective product
- Purchase receipts
- Copies of the accident report or formal complaint
- Copies of witness statements, if any
- Medical and pharmacy bills
Keeping track of this information is critical because it may be helpful when it comes time to establish the extent of your injuries. Documenting the accident and injuries may also make it easier to remember important dates, such as when the accident occurred or when the product was purchased. Therefore, you should make a concentrated effort to be diligent about documenting the accident for your Cedar Park attorney.
4. Contact a Defective Product Attorney in Cedar Park
Finally, you should contact a personal injury or product liability attorney. An attorney may want to meet with you to discuss the details of the accident. After learning about the accident and resulting injuries, the attorney may be able to provide legal advice regarding your options moving forward. If necessary, an attorney may also be able to begin the process of filing a formal lawsuit against the company that manufactured or sold the defective product.
How To File a Product Liability Claim in Cedar Park, TX
As previously mentioned, not every defective product case will require the need to pursue legal action. Many product defects are cosmetic in nature or lead to minor inconveniences rather than serious injuries.
However, many of these accidents do result in serious injury, which may require medical care or can lead to permanent disability. If you wish to pursue compensation for injuries and damages sustained following an injury due to a defective product, you may need to file a lawsuit against the company or entity whose actions or omissions caused your injuries. Listed below are the general steps that explain how to file a product liability claim.
1. File a Report or Complaint
The process of filing a formal report or complaint with the company who sold or manufactured the defective product as described above. This step is often the first step toward filing a formal product liability claim.
2. Contact an Attorney in Cedar Park
The next step in the process is to contact an attorney. An attorney who handles products liability cases may be able to learn the facts of your case, provide legal guidance, and help facilitate the process of filing a lawsuit.
The investigation phase of a product liability claim involves the attorney gathering critical facts and evidence which may be able to help establish fault on the part of the entity that sold or manufactured the defective product. For instance, the attorney may review company records or conduct thorough investigations to determine whether the company was negligent in any way when manufacturing or selling the product in question. The process may also involve accounting for each of your damages, such as medical bills and lost wages.
4. Settlement and Lawsuit
It is possible that your product liability claim may be litigated in court. Prior to litigation, you may have the option of accepting a settlement from the at-fault party or the party’s insurance company. If it is not in your best interest to accept the settlement offer, your case may go to court. At the trial stage, the Cedar Park defective product attorney may be able to advocate on your behalf, putting together a case that is designed to show that the company should be liable for your injuries.
Product Liability Compensation in Cedar Park, TX
A person or entity may be held liable for the injuries of another if the party’s actions or failure to act caused the injuries. When it comes to product liability cases, this means that seller or manufacturer of a defective product, or their insurance company, may face legal repercussions for harm suffered by the victim, otherwise known as “damages.” The damages that may be awarded to a victim of a product liability case can be grouped into two broad and distinct categories: Economic damages and Non-economic damages.
Economic damages are those which can be added up on paper. The primary forms of economic damages involved in a product liability case may include:
- Medical bills
- Lost income (present and future)
- Loss of earning capacity
- Repairs or replacement of damaged property
- Other out-of-pocket costs
Medical bills may refer to costs incurred by the victim for hospital stays, doctors’ appointments, pharmacy costs, and physical therapy. Lost income may include the time the victim missed from work due to the injury. If the injury prevents or impairs the victim’s ability to work in the future, lost income may also include the victim’s loss in earning capacity. If personal property was damaged or destroyed in connection with the product defect accident, economic damages might also include the money spent replacing or repairing the personal property.
Non-economic damages refer to intangible losses. These types of damages are subjectively evaluated by a jury in a lawsuit. Although this group of damages is harder to quantify than economic damages, non-economic damages may be more valuable than economic damages. Types of non-economic damages in a product liability case may include:
- Pain and suffering
- Emotional distress
- Loss of consortium
Get Help From Zinda Law Group Today
If you have been injured by a defective product, you do not have the face the situation alone. Contact Zinda Law Group for a free case evaluation. Our experienced attorneys may discuss your situation and go over the options available. We work with the insurance companies and other parties involved in our clients’ behalf, ensuring the proper handling of the injury case.
Call the attorneys at Zinda Law Group today at 866 695 6382. If we are unable to win your case, you will not owe us anything!
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