When someone is hurt by a defective product, and the manufacturer or seller of the product is responsible for the injury, the injured person may be able to recover compensation for the harm they have suffered.
One of the most common questions in potential product liability cases is how much the victim potentially stands to be awarded.
Every case is different and many factors will influence a victim’s eventual payout; therefore, the best way to get an estimate in your case is to talk to an experienced product liability attorney.
Factors that Affect Product Liability Compensation
Generally speaking, the most high-value cases result from the most serious injuries.
Sometimes, when the manufacturer believes they would be found responsible and wants to avoid the expense and publicity of a trial, they will offer to settle a case and it will be up to a victim and their attorney to decide if the offered settlement is acceptable or to try to negotiate a better offer.
If a case goes to trial, juries in civil product liability cases hear the arguments of both the victim and the defendant, determine whether the defendant is liable, and award the victim damages.
Victims who suffer permanent, disfiguring injuries, lose the ability to work in the future, or die a wrongful death, may be awarded millions of dollars.
Other victims with less serious injuries may be awarded tens of thousands of dollars or even less.
Are Product Liability Damages Capped in Texas?
Some states have placed limits on the amount of compensation that victims of personal injuries can receive.
This is intended to prevent multi-million dollar settlements that could bankrupt doctors, manufacturers, and insurance companies. But for victims, especially those who have been seriously or permanently injured, a damage cap may not seem fair.
Texas has damage caps for non-economic damages only for medical malpractice claims. Non-economic damages are for issues like pain, emotional distress, loss of life quality, and other subjective damages.
Texas also has damage caps on punitive damages for cases where someone was injured because of gross negligence, malice, or fraud. Finally, claims brought against the Texas government are limited to $100,000 in damages.
Get Help from a Carrollton, TX Product Liability Lawyer Now
Our Carrollton, TX product liability attorneys are committed to aggressively pursuing the maximum available damages in your case.
If you or a loved one were injured because of a defective product, do not delay taking action. While your memory and the evidence are still fresh, we will help you pursue an investigation and bring the responsible party to justice.
Call us now at 469-289-6063 to schedule a free consultation.