Brasure Law Firm, PLLC

By: Chris Brasure

How Long Does a Product Liability Case Usually Take in Texas?

Product Liability

How Does a “Product Liability” Case Proceed?

Product liability is a legal term that provides you, as the plaintiff, a course of action if you are injured by using a defective consumer item. Product liability law falls under the purview of personal injury and almost always involves the negligence of the manufacturer or seller.

It is generally associated with strict liability, meaning that the defendant (manufacturer or seller) can be held liable regardless of their intent or knowledge.

However, these cases are usually legally complex and could take one to three years to settle or finalize. A straightforward case may settle in a matter of weeks, but that is usually not the case, and this is not in your favor.

Knowing that you need the money, insurance companies involved in these cases use this time against you. They may try to offer you “quick money,” as they know you need it, but it is much less compensation than you require and rightfully deserve.

The wisest move to estimate how long it will take to obtain your justified compensation is consulting with an experienced Hidalgo County personal injury lawyer.

There is much to do, as these cases usually include an investigation of the cause, possible expert witnesses, manufacturing documentation, and much more.

Once your experienced personal injury lawyer has all the information needed to prove how much compensation you need, the genuine negotiation will start. 

Every personal injury case is different. It isn’t possible to determine precisely when your case will settle or if it will need to go to trial. Complex cases may take two to three years, while other cases take about a year. Very straightforward cases can settle in weeks when liability is noticeably evident.

You need to realize that every product liability case is different. It is never possible to determine precisely when your case will settle or if it must go to trial. It all depends on the complexity of your case and the experience, aggressive, and detailed work that your Edinburg personal injury lawyer will do to fight for you and your family.

What Are Some Things That Determine a Timeline For My Product Liability Case?

As stated, many factors help determine how long it takes to settle or win a product liability case.

As you move through the details of your case, your Hidalgo County personal injury lawyer will first give you a general idea of what you should expect and, as facts unfold, update you on the approximate timeline.

Some of the things your lawyer will consider are:

  • The complexity of your case – There are types of accidents that are easier to settle (such as car accidents) than more complicated cases involving product liability. So, to start with, your attorney will have a general idea of the time involved.
  • The total value of your case – The more your compensation may be, the harder the insurance company will fight against you.
  • The type and severity of your injuries – The more severe your injuries, the more time it will take to win or settle.
  • How clear are the facts surrounding your product liability case?
  • The caseload and timetable of the court in your jurisdiction (if your case goes to trial)
  • The manufacturers or sellers willingness to settle your lawsuit.

Each case differs, but your experienced personal injury lawyer will always help you to understand better how these factors affect the timeline and the possible outcome of your case.

What Are the Typical Claims In a Product Liability Lawsuit?

All product liability cases may have certain things in common, but the details may differ vastly.

Most product liability claims will be based on negligence, strict liability, or breach of warranty of fitness. How the claim is made will typically depend on the jurisdiction in which the claim is based. This is because there are no federal product liability laws; therefore, the claim is based on local statutes.

One reason these cases can be legally complex is that most product liability refers to the liability of any or all parties along the chain of manufacture of the product. Accordingly, your “savvy” and experienced products liability lawyer may sue the manufacturer of the parts that make up the product, the company assembling the item, and the retail store owner who sells it.

So, for example, when suing a seller of the product, some of the claims and facts that will be made are

  • The seller (or defendant) sells you a product you (as the plaintiff) use.
  • The seller commonly sells these products.
  • You incur an injury caused by using the product.
  • When you were sold the product, it was defective.
  • The defect in the product was the cause of your injury.

By providing evidence, eyewitness testimony, expert witnesses, etc., your professional, aggressive product liability lawyer will prove that the product was the direct cause of your injury. Therefore, you are entitled to compensation for lost wages, medical expenses, pain and suffering, and more.

How Will My Lawyer Calculate My Losses in a Product Liability Case?

There is no “cut & dry” mathematical formula for calculating compensation for injuries sustained in a product liability case. Also, if there was, insurance adjusters are unlikely to reveal it during any negotiation.

For example, most product liability claims negotiated outside of court are settled between you and the defendant, their respective insurance companies, and with the help and guidance of your Hidalgo County personal injury lawyer

If your case goes to trial, the jury or a judge will decide how much the guilty party should pay in damages.

However, there are items that the parties and judge will use (and your lawyer supplies) that help decide on the amount needed for your rightful compensation; they are:

  • Bills of all medical expenses and estimated future post-treatment rehabilitation costs.
  • Your overall loss of income.
  • Your future loss of income due to your injury.
  • Your emotional trauma and “pain & suffering” due to your injury.
  • Wrongful death compensation.

This part of your case is vital, as insurance companies only will pay what they must. Your Edinburg personal injury lawyer’s advice, guidance, diligence, and negotiating skills will be invaluable here.

I Need Information On a Products Liability Case; How Should I Proceed?

You must note that all product liability cases are complex, so the quality and experience of your lawyer matter enormously. The harder your lawyer fights for you will determine the timeline, the outcome of your case, the amount of your compensation, and possibly your future.

Accordingly, consulting with an experienced, empathetic, aggressive, and professional Hidalgo County personal injury lawyer is mandatory. A law firm that will fight for you and your family and is familiar with all types of personal injury cases, including product liability.

Consult with them as soon as possible, and they will help you and your family obtain the medical care and compensation you are legally and rightfully entitled to.

By Brasure Law Firm, PLLC