3 Things to Know About Defective Products and Product Liability Cases
We expect products to work as advertised and safely. Unfortunately, consumers often suffer personal injuries due to poorly designed and manufactured products. If you were hurt while using a defective product, you may be eligible for compensation.
If you or someone dear to you was injured due to a faulty consumer good, you should understand these three main aspects of product liability cases.
- It’s Important to Have a Lawyer
Most aspects of personal injury law are difficult to understand if you do not have a legal background. The product manufacturing company will likely have a large team of experienced lawyers to help it avoid liability for your injuries. Therefore, working with an attorney is essential, especially if the use of the product resulted in severe injuries or death.
If you are worried about paying for an attorney, the good news is many product liability lawyers work on a contingency basis. This means they receive their pay only if they secure compensation for your damages.
- Recoverable Damages
There are three types of damages recoverable from a defective product or product liability lawsuit. The first type is economic damages, which refer to quantifiable losses, such as present and future medical expenses, present and future lost wages, and property damage.
You can also receive compensation for non-economic damages. These not quantifiable losses include pain and suffering, disfigurement, loss of companionship, loss of life’s enjoyment, and psychological distress.
Under some circumstances, the court may award punitive damages to the injured person as a means of punishing the defendant for gross negligence or willful misconduct. The threshold for proving willful misconduct is relatively high, making the awarding of punitive damages very rare.
- The Statute of Limitations Applies
The statute of limitations is the time limit within which a personal injury victim can legally file a claim. Deferent states have different statutes of limitation, but the time limit in Texas is generally two years from the date of the accident.
Under other circumstances, the statute of limitations may begin when the accident victim is diagnosed with an injury resulting from product use. Given that there are many complex legal statutes involved in defective product cases, it may be wise to get legal advice from a product liability lawyer sooner than later.