Posted on Monday, October 17th, 2022 at 12:00 am
We trust that the products we purchase will be safe and function as expected everyday. From your car to your phone to medications and much more, sometimes that trust is broken when you find yourself injured by a faulty product.
Calculating damages can tell you if it is worth pursuing a case, so it is generally the first step you will take before you even contact a product liability lawyer in Austin. If your damages are high, you will likely receive some compensation, no matter how your case plays out. However, the final total received will likely be different from your initial damages — this is because of how damages are calculated.
The Types of Product Liability Compensation You May Be Entitled To
Under Texas law, you can pursue compensation for damages related to a faulty product. There are two paths your case can take, and that may change what compensation you will receive. In both cases, concrete financial losses like lost wages, hospital bills, and future lost income are the easiest to calculate.
If you decide to negotiate a settlement outside of the courts, you will have these calculated into your compensation. You will also likely have some additional considerations, like trauma, future medical procedures, and long-lasting effects such as disability added to this quoted compensation. These various damages will have a specific value according to the insurance company and will be used to decide where to start negotiations.
In court cases, the judge is typically the one to decide how much you can receive. This can heavily depend on the facts of the case. Concrete costs will be included and are frequently adjusted for future losses or inflation. Emotional and psychological damages that don’t have an easy monetary value to determine will likely be added to the final judgment.
How Damages Are Calculated
Calculating exactly what you may receive can be difficult. Insurance companies don’t show their formulas for compensation, so this can vary wildly. In settlements, it will ultimately come down to what is decided during the negotiations process. Your Austin product liability lawyer will help you determine what the best offer will be to accept.
For court cases, you can get an idea of what you may receive from past cases. Court trials also will count in factors such as if the company has had multiple incidents revolving around the same product. A jury will also likely have some say in this, even if the judge determines the final amount the company will need to pay out.
Find an Experienced Product Liability Attorney in Austin
A product liability attorney is the best source for learning what your case may be valued. An experienced lawyer who knows the local laws will understand how cases need to be handled and what is fair compensation for your damages.
If you need an Austin product liability lawyer, Ramos James Law, PLLC, is here for you. With years of experience, we can give you the best chance at the compensation your case deserves. We offer FREE consultations, so you can find out whether your case is worth pursuing without any further financial pressure.
Product liability cases have a statute of limitations, so don’t wait if you have been injured. Contact Ramos James Law, PLLC, for your FREE consultation.
Posted on Saturday, October 1st, 2022 at 12:00 am
Every single day, we trust a wide range of products to be safe and function as expected. However, sometimes that trust is not earned; a medication may be contaminated or your car’s brakes may fail.
If an injury, death, or property damage occur because of a faulty product, the law entitles you to compensation. The tricky part is knowing who is actually responsible for your damages. This will depend on the exact facts of your case. Our Austin product liability lawyer at Ramos James Law, PLLC, has the information you need to file a successful defective product claim.
Understanding Defective Product Injuries
If you want to have a successful product injury lawsuit, you need to understand the relevant laws in Texas. While you should consult an Austin product liability lawyer for your specific case, understanding the basics will help you to better grasp your situation.
To start with, there is a burden of proof in order to have a successful case. You must prove that the product caused the injury and that you were using it exactly as the instructions stated. If you modified or tried to fix the broken product, your chances of success decrease significantly.
You must also know what applies to your case and how that will affect the legal strategy your lawyer will advise. For instance, if you were damaged by an inherently dangerous product, you will have a harder time proving that you were using it in a reasonable way. These cases tend to only progress if it can be determined that the product was designed or manufactured with a defect, though poor safety labels may also allow for a successful case.
Injuries from a defective firearm also have a different burden of proof in Texas. You will need to create a much more comprehensive case in order to win compensation under the law.
Who Is Responsible for the Damages I Received From a Defective Product?
In the majority of cases, the manufacturer is the party that must pay out for any damages sustained by the victim. This can also include other companies if a part they supplied was faulty and caused the injury.
Sellers can only be held liable for damages under very specific circumstances.
Most of these involve decisions made by the seller after it left the manufacturer’s control. For instance, misleading advertising can put the seller at fault. It can also apply if the seller changed the packaging or if they installed the product on another one and caused the injury. All of this must be proven, but it can make or break your case.
Another one that can occasionally apply is if you can prove that an injury was caused by poor installation. If it was the fault of the installer, you may be able to recover damages from the liable party. If the instructions for installers were poorly written, you may receive damages from whoever made the instructions. This could be a seller or it could be the manufacturer.
This is why your product liability attorney in Austin may take some time to gather evidence. It will inform how your case will be argued and what damages you may collect.
Make Sure You Have an Austin Product Liability Lawyer in Your Corner
Since product liability cases are so complex, you need the help of an experienced and dedicated attorney. Ramos James Law, PLLC, is here for you! We have experience in product liability lawsuits and can help you get the compensation you need to rectify your suffering.
The longer you wait to get started, the less of a chance you have to receive compensation for your injury caused by a defective product. Contact Ramos James Law, PLLC, for a FREE consultation on your specific case.
Posted on Thursday, September 22nd, 2022 at 12:00 am
No one ever expects to be injured by a product they have purchased, especially when they are following the directions properly and utilizing the item safely.
However, there are many instances in which defective products and goods may cause significant damage to a user. Whether the result of a manufacturing defect, poor instructions, inaccurate marketing, or bad design, you deserve to have your rights protected.
If you have been injured by a defective product, the Austin product liability lawyers at Ramos James Law, PLLC, are here to help you obtain the justice you need.
First Steps To Proving Your Case
The first step you should take is to save the product itself. If it is in pieces, gather up all the pieces you can find, and DO NOT attempt to fix or alter the product. Attempting to fix the issue can make proving your claim more difficult, as the defendant may argue that your alterations are what caused the issue.
You should also take photos, particularly for larger items. Store this evidence away along with any receipts, packaging, and other proof that you bought the item firsthand. The more evidence you can provide, the greater the likelihood for a successful claim.
Injuries suffered as a result of the defective product should also be documented. Journaling the situation and photos of the actual damages are vital elements that should be captured. You may do this immediately after the injury or when you are seeking medical care; you can also ask your doctor to help you document what happened. Your medical records are a great resource for proving your injury and subsequent medical costs.
You also need to keep records from every appointment related to the injury. If the injury was serious or caused permanent damage, ask your doctor to document this for you. These documents will help your Austin product liability lawyer prove your case in court.
How To Start Your Product Liability Claim
While you may be tempted to contact the manufacturer or seller of the defective product, this can hurt your claim in the long term.
Do not take any steps without consulting an experienced product liability attorney who can review your situation. A reputable and dependable product liability lawyer can advise you on your case, help you determine the best actions to take, and help you begin to establish your claim.
Once you have chosen an attorney, they will begin helping to gather evidence and determine which parties are liable for the damages you have suffered. While product liability claims do take time, exceptional legal counsel will help improve your chances of getting the compensation your case deserves.
Remember, not all lawyers are experienced in product liability cases, so you’ll want to obtain the support of a product liability attorney in Austin to give your claim a chance in court.
Challenges to Your Case
One possible defense the defendant may claim is that you did not sufficiently locate a guilty party.
Other defenses may include accusing you that you altered or damaged the product yourself. This is why keeping the product and as much related material is essential. Your case can also be dismissed if you take too long to file it, so working fast can help your case succeed.
While your attorney can create a strong case, you should do what you can to help them succeed.
Your Austin Product Liability Lawyer Is Ready To Help
If you or a loved one have been injured, consulting an attorney is the first step you should take after you’ve obtained medical care. The sooner you begin working with a product liability attorney, the stronger your case can become.
Don’t wait if you or a loved one has been injured. Contact Ramos James Law, PLLC right now for your FREE consultation!
Posted on Thursday, September 1st, 2022 at 12:00 am
Legal terminology can be confusing if you haven’t been to law school. After an injury, you can be stuck looking at terms, wondering what exactly your case counts as. For instance, does your injury count as product liability?
This will depend on the product and circumstances. An Austin product liability lawyer explains what it is and what defects count.
What does Product Liability Mean?
To put it simply, product liability is holding companies accountable for their products. If a product they make or market causes injury or death, the company needs to be held accountable. A faulty car part can cause an accident that can injure or kill many people. Unsafe medications can result in hospitalizations and huge medical bills for the victims. Poor instructions can make an otherwise safe product a hazard. Since the stakes are so high, product liability laws exist to protect consumers.
Product liability laws are a bit different than other injury laws. It is often easier for the plaintiff to prove product liability compared to other personal injury lawsuits. Every step of the supply chain can be held accountable for a faulty product. The simplest explanation is that products need to meet the ordinary expectations of the consumer. If there are unexpected faults or dangers, then it does not meet ordinary expectations. For instance, if you buy a bicycle you would reasonably expect that it can handle riding down an average bike path. However, you can’t predict that the frame had a defect and the top tube sheered in half, causing you to fall and be injured.
One thing to note is that the exact laws will depend on the state. There is no federal law on product liability. There are laws that determine what counts as product liability. It also affects what you need to do if you bring a product liability lawsuit. An Austin product liability lawyer can help you make a stronger case.
Who is Responsible for Defective Products?
Who is responsible will depend on the exact case. In our earlier example, it would be a wide range of parties up the supply chain.
- The manufacturer of the product
- The manufacturer of the components used to make the product
- The party that assembles or installs the product
- The wholesaler that supplied the product
- The retailer that sold the product to the consumer
Knowing the responsible parties is important for a successful case. Many product liability cases are thrown out when the defendant claims that the plaintiff did not sufficently identify the supplier. You will need to take the time to discover who is actually at fault and cover all your bases.
Types of Defects
There are three types of defects typically covered.
- Design Defects. Design defects are faults that happen before manufacturing even begins. For instance, the walls of the bike frame are made too thin for the material used.
- Manufacturing Defects. These defects happen at the manufacturing or assembly stage. For instance, bolts weren’t properly tightened or the material used had faults.
- Marketing Defects. These defects occur because of marketing mistakes. The product may have been mislabeled. The instructions may have been insufficient or the safety warnings were not present.
How to File a Product Liability Lawsuit
If you have been injured by a product, a lawsuit can help you recover from the damages it caused. This can include economic losses like lost wages, medical bills, or property damage. It can also include non-economic losses like mental anguish, permanent disfigurement, and pain and suffering. In cases of blatant disregard for the safety of the consumers of a product, you may also receive punitive damages. This is harder to prove, and you will need a good attorney on your side.
Contact a Product Liability Attorney in Austin
Trying to make a case on your own would be difficult. You need someone on your side. Ramos James Law, PLLC is here for you. We have experience in product liability cases. We can get you the results you are entitled to. The longer you wait, the harder it will be to make a case.
If you or a loved one have been injured or killed by a faulty product, we’re here for you. We offer free consultations, so you can find out what to expect at no cost to you.
Posted on Tuesday, November 5th, 2019 at 1:40 pm
We often trust products that are marketed to us as safe, especially when said product is used properly or as advised by the manufacturer.
It isn’t a courtesy that these product manufacturers owe the public a duty of care when making sure their products are safe for the public to consume. If their products are defective, consumers are placed at a high risk of sustaining an injury or even worse, a fatality.
If you have lost a loved one due to an injury caused by a defective product, then you may be eligible to file a claim for wrongful death. At Ramos James Law, PLLC, we have years of experience in representing clients affected by product liability, and we know how to handle negligent manufacturing companies.
What is Considered a Wrongful Death?
A wrongful death happens when a person dies due to the legal fault of another negligent party. It is something that can range from car accidents to something more complex such as product liability. Normally, persons, companies, corporations, and government entities–the latter only in certain cases outside of sovereign immunity–are all entities that could be held responsible for a wrongful death.
When we consider a wrongful death within the scope of product liability, however, the death more than likely happened because the product did not work correctly or because safety warnings on the product were not clear–or present–leading to the fatal wound.
What Is Considered a Defective Product?
Defective products are analyzed by experienced product liability lawyers like Laura of Ramos James Law, PLLC, to see if the manufacturers of these products went outside of their duty of care that is required of them.
There are three categories that a product liability attorney must consider when it comes to a product liability claim:
- ◘ Design – The product was unsafe before it is even manufactured. Its design will not render proper usability or safety.
- ◘ Marketing – The product was marketed incorrectly and/or with weak instructions, incorrect labeling, and insufficient safety precautions and protocols.
- ◘ Manufacturing – This means that the product was not properly put together during the manufacturing process to ensure proper use and safety.
Consumers can be injured by a large scope of products including vehicles, home appliances, medical equipment and devices, protective and sports gear, children’s toys and products, and even medicine.
If any of those resound with the experience you have felt from your product liability injury, don’t hesitate to reach out to Ramos James Law, PLLC, today to fight for the compensation you deserve.
Compensation That Can be Recovered for Wrongful Death
If someone dies due to a product defect, a survivor from their immediate family may be able to file a wrongful death lawsuit against the product manufacturer and other parties involved such as suppliers and retailers. Beware, however, as there is a statute of limitations to file a wrongful death claim of two years after the death happened, so it is important to act fast as you can and file your claim as soon as possible.
Although the loss of a loved one is tragic and can feel like you’ve lost everything, there are two major reasons to file a lawsuit. First, to receive compensation for your loss, and second, to recover damages from the accident. Examples of damages that can be recovered include:
- ◘ Deceased’s medical expenses
- ◘ Funeral Costs
- ◘ Lost wages and a loss of earning capacity
- ◘ Loss of consortium/companionship
Do not wait any longer to file your claim for wrongful death due to product liability. At Ramos James Law, PLLC, we take pride in our years of experience fighting negligent companies that put profits over people with their defective products, and we are prepared to take them on and win your case.