The term “catastrophic” describes the most serious injuries that are life-changing, and impact both you and your family. These injuries can lead to disability that includes long-term medical care and treatment for life. It can also mean delays in returning to work, or permanent disability, leading to additional financial difficulty.
Defective Products
When a company produces a product that causes someone personal injury, it is “defective” under Texas product liability law. Section §82.005 of the Texas Product Liability Act also stipulates the plaintiff must demonstrate that the defect directly led to injury, property damage, or wrongful death and that an alternative design existed that was safer than the one implemented.
There are three forms of defects:
- “Failure to warn”: where a company did not provide instructions for the safe use and handling of their product. When an unforeseen or unexpected danger arises from a product, the seller may also be held responsible if the manufacturer is located outside of the US or has become insolvent.
- Manufacturing defects: during production, some products may have slipped through quality control with defects, but not all units sold.
- Design defects: a plaintiff must demonstrate that a safer alternative existed, and the design defect was the actual cause of the injury or death.
An injured Texas plaintiff must file a product liability claim within a prescribed time frame. They have 15 years from the date of purchase of the product and two years from the date of the injury to file their claim. A plaintiff must file their claim within these periods to avoid losing the right to seek compensation.
Catastrophic Injuries
Products of all types and sizes carry the risk of inflicting catastrophic injuries on a user. While there is no legal definition of a catastrophic injury, these are injuries that lead to someone’s disability, such as:
- Head injuries, including traumatic brain injuries
- Neck and spinal injuries, including paralysis
- Limb injuries
- Injuries to the face and eyes
When a person is no longer able to walk, care for themselves, or work, they may need lifelong medical care and assistive devices such as wheelchairs.
For those who can no longer work, they will need another form of income to pay their basic expenses and medical care. Compensation can help a person pay for their medical care, regular expenses, adaptive equipment such as wheelchair ramps, and other home modifications.
Options for Victims
When someone else’s negligence causes a catastrophic injury, a victim can file a claim so that they can recover compensation from the responsible party. Everything depends on the circumstances of the accident, and the party or parties responsible.
With defective products, multiple parties may be responsible. While faults frequently lie with either the design or manufacturer some could be shared by a company that sells the defective product, distributes it, or handles marketing.
A Houston personal injury lawyer can investigate your case, discover where the fault lies and how it is shared. The first step. Is to gather evidence that demonstrates accident responsibility. This includes the actual defective product that caused the injury. It is as important to your case as your medical records and other documents, so do not discard the product.
Houston Catastrophic Injury Attorney
You shouldn’t even consider handling your claim on your own. Insurance companies want to give you the least amount of compensation they can get away with. An experienced personal injury law firm will handle negotiations and get you the compensation you need and deserve for catastrophic injuries caused by defective products.
Contact Paxton Law Firm today, and we’ll review your case and advise you of your rights. The Paxton Law Firm believes in taking the stress of dealing with your legal battles and turning a negative situation into the best possible outcome. We offer free consultations, and you do not pay any legal fees until we recover for you.
