30
YEARS COMBINED EXPERIENCE
1846+
SATISFIED CLIENTS
500+
SUCCESSFUL LAWSUITS
FREE CARROLLTON PRODUCT LIABILITY LAWYERS
CASE EVALUATION
30
YEARS COMBINED EXPERIENCE
1846+
SATISFIED CLIENTS
500+
SUCCESSFUL LAWSUITS
TESTIMONIALS FOR CARROLLTON PRODUCT LIABILITY LAWYERS
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Carrollton Product Liability Lawyers: Protecting Consumer Rights
Every year, defective products cause thousands of injuries and deaths across the United States, with the Consumer Product Safety Commission reporting over 11 million product-related injuries in 2022 alone. These incidents can be very devastating for victims and their families, leading to physical pain, emotional trauma, and significant financial burdens. Product liability law exists to protect consumers and hold manufacturers accountable for putting dangerous products into the market. Understanding your rights is very beneficial; if you’ve been injured by a defective product, you may be entitled to compensation for medical expenses, lost wages, and pain and suffering. Our firm is dedicated to guiding victims through the complex legal process, ensuring their voices are heard and their rights are vigorously defended.
As dedicated Carrollton product liability lawyers, we focus on representing individuals who have been harmed by defective products. We understand the intricacies of product liability law and are committed to educating our clients about their rights while pursuing justice on their behalf.
Types of Product Liability Cases
Product liability cases generally fall into three main categories: manufacturing defects, design defects, and failure to warn or marketing defects.
- Manufacturing defects occur when a product deviates from its intended design due to errors in the production process. These defects typically affect a limited number of items within a product line. For example, a batch of pain relievers might be contaminated with a harmful substance during production, making them dangerous for consumption.
- Design defects, on the other hand, are inherent flaws in the product’s conceptualization or engineering. These defects affect every item in a product line, not just a select few. A classic example is a vehicle with a tendency to roll over due to an unstable design. In such cases, even if the product is manufactured exactly as intended, it still poses unreasonable risks to consumers.
- Failure to warn or marketing defects involve inadequate instructions or warnings about a product’s proper use or potential hazards. This category includes cases where a manufacturer fails to disclose known risks associated with their product. For instance, a pharmaceutical company might neglect to warn patients about a drug’s serious side effects, leaving consumers uninformed about potential dangers.
Common Products Involved in Liability Cases
Product liability cases can involve a wide range of items, from everyday household goods to complex industrial machinery. Some of the most frequently litigated products include automotive parts, consumer electronics, and children’s products.
- Automotive parts, such as airbags, tires, and brake systems, are often at the center of product liability lawsuits. When these critical components fail, the results can be catastrophic which leads to severe injuries or fatalities.
- Consumer electronics, while generally safe, can sometimes pose unexpected hazards. Exploding batteries, overheating chargers, or devices with sharp edges that cause lacerations are all examples of potential product liability issues in this category. As technology continues to advance rapidly, it is highly beneficial to have legal professionals who stay updated on these developments and their potential implications for consumer safety.
- Children’s products deserve special attention in the field of product liability. Items such as toys, cribs, car seats, and clothing for children are subject to stringent safety regulations, yet defective products still sometimes make their way into the market.
Proving Product Liability
Establishing liability in a product defect case requires demonstrating several key elements. As Carrollton Product Liability attorneys, we must show that the product was defective, that the defect existed when the product left the defendant’s control, that the defect caused the plaintiff’s injury, and that the product was being used as intended or in a reasonably foreseeable manner. Common forms of evidence include the defective product itself, medical records documenting injuries, testimony on product design or safety standards, internal company documents related to product development or testing, and eyewitness accounts of the incident.
In some cases, we may also present evidence of similar incidents involving the same product, or documentation of recalls or safety warnings issued by the manufacturer or regulatory agencies. This can help establish a pattern of defects or demonstrate that the manufacturer was aware of potential hazards.
Compensation in Product Liability Cases
Victims of defective products may be entitled to various forms of compensation. Economic damages cover quantifiable financial losses, including medical expenses, lost wages, and ongoing care costs. Non-economic damages address pain, suffering, and emotional distress, which can include compensation for physical pain, mental anguish, and loss of enjoyment of life. In cases of particularly egregious conduct by manufacturers, punitive damages may be awarded to penalize the defendant and deter future misconduct.
Our firm works diligently to document all damages thoroughly, aiming to help our clients receive appropriate compensation for their losses. While non-economic damages can be challenging to quantify, they often constitute a significant portion of the overall compensation in product liability cases.
Consumer Rights and Safety
If you encounter a product that you believe is unsafe, report it to the appropriate authorities. The Consumer Product Safety Commission (CPSC) is the primary federal agency responsible for protecting consumers from risks associated with consumer products. For automotive-related issues, the National Highway Traffic Safety Administration (NHTSA) maintains a database of vehicle recalls and accepts reports of potential safety defects. Similarly, the Food and Drug Administration (FDA) oversees the safety of food, drugs, and medical devices, and provides resources for reporting adverse events related to these products.
Schedule a Free Consultation With Gosuits
At Gosuits, our people set us apart. We pride ourselves on our competence and experience. In a constantly shifting world, our dedication to excellence and our commitment to our clients is at the heart of our mission. Our team of product liability lawyers stays informed about the latest legal developments, scientific advancements, and industry standards relevant to our cases. This ongoing commitment to learning allows us to provide effective representation to our clients. We have successfully created and implemented proprietary software utilizing machine learning and other cutting-edge technologies, automating certain aspects of legal practice.
If you have any legal concerns, consult with one of our attorneys by booking a free consultation today. We handle injury cases on a contingency fee basis, meaning we only receive payment if we obtain compensation for you.
CARROLLTON PRODUCT LIABILITY LAWSUIT
STEPS AND PROCESS
1
Collect All Available Evidence
Every case rests on the backs of investigators who dig deep. We’ll investigate your accident and find evidence like police reports, hospital records, and witness statements. Our injury attorneys go deep into each potential avenue of inquiry, leaving no stone unturned in their exhaustive search for justice.
2
Write a Letter of Demand
A demand letter will be addressed to the offender and their insurance provider or legal counsel. The full financial burden is considered, including future medical expenditures, wage losses, and other expenses.
3
Negotiation
By bringing a lawsuit on your behalf, we acquire bargaining power when an insurance company refuses to give fair compensation. In addition, by filing a case, we can obtain information on the defendants we would not have had access to before.
4
Begin Filing a Lawsuit for Injury
By bringing a lawsuit on your behalf, we acquire bargaining power when an insurance company refuses to give fair compensation. In addition, by filing a case, we can obtain information on the defendants we would not have had access to before.
5
Discovery
Now that we have filed suit, we have the right to obtain information from the defendants that they were previously unwilling to release. By serving them with Requests for Admissions, Interrogatories, and Document Production, we can investigate the validity of their allegations.
6
Mediation
Once both parties have reviewed the facts of the case, a mediation session may be planned to see whether or not an amicable resolution may be reached. The defense will hear our position from a non-biased individual (Mediator), and we may continue bargaining with the insurance company over a reasonable payment.
7
Civil Trial for Injury
We will go to trial if a reasonable settlement cannot be reached. We’ll argue your case in court, using the information found through discovery and any necessary expert testimony. Many of us would rather have a jury decide our cases than a judge, as juries tend to be more compassionate in times of tragedy.
8
Settlement
A settlement has been reached if an agreement can be made before trial. In return for release of all personal injury claims, you should get a settlement that accounts for all your losses up to and including the date of your injury, fees, taxable cost, medical expenditures, lost wages, pain and suffering, etc.
9
Appeal
Suppose the jury decides against you. We will then file an appeal if we believe the defense or the court made a legal mistake. Additional data and legal arguments on our part will likely be required to convince the court of our position. The court, if we prevail, may decide to overturn its earlier ruling or even retry the case.
RESPONSE TO SOME GENERAL QUESTIONS
Who will pay for my medical bills after an accident?
Who is Responsible for the Cost of Property Damage After a Car Accident?
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
What does “No Recovery, No Fee” mean?
Who will pay for my medical bills after an accident?
Who Will Pay for My Car Accident Medical Bills
Determining who will be responsible for your car accident medical bills depends on several factors: the cause of the accident, your level of fault, and the insurance coverage held by the other driver. In such circumstances, seeking guidance and support from a personal injury lawyer, Dallas can prove invaluable.
Following a car accident and sustaining injuries, it is natural to wonder who will bear the burden of your medical expenses and treatment costs. While a car accident injury settlement or a trial verdict can provide financial relief, they may not offer immediate assistance in covering your medical treatment. The answer, in essence, relies on the accident’s nature, the relevant state laws, and the specific insurance policies involved.
General Rule – Ongoing Payment Responsibility Rests with the Injured Party
It is crucial to understand that, in most cases, if you are involved in an accident, you are responsible for paying your medical bills as they are incurred. The only exception occurs in “no fault” states, which will be discussed below. Even if the at-fault party is clearly responsible for your injuries, the law does not mandate them to cover your bills on an ongoing basis.
The law only requires them to provide damages to resolve your lawsuit, and in many instances, your medical claim is included in those damages. However, the defendant is not obligated to pay your medical invoice as they arise.
Car Accidents – “No Fault” States
In motor vehicle accident cases, the coverage of hospital bills depends on whether the accident occurred in a “no fault” state. In “no fault” insurance states, your automobile insurer will cover some or all of your hospital bills resulting from a car accident, regardless of fault. However, there is typically a limit to what your own automobile insurance company will pay, varying from state to state but generally around $10,000 or less.
Once your medical expenses exceed the state’s “no fault” limit, you become responsible for paying them. If you have health insurance, your provider will cover your bills. In the case of Medicare or a state-run health insurance program through Medicaid, these entities will handle the bills. If you lack health insurance, Medicare, or Medicaid, you will need to arrange payment agreements directly with your healthcare providers.
Motor Vehicle Accidents – Non-“No Fault” States (Dallas, TX)
If you are involved in a serious accident in a state without “no fault” insurance, you will generally be responsible for paying your expenses until you claim compensation from the at-fault party. However, some drivers in these states have medical payment or Personal Injury Protection (PIP) insurance coverage, commonly known as “med pay” and “PIP” coverage.
This coverage will pay for the fair compensation of drivers or passengers involved in a car accident with the insured party, up to the “med pay” policy limits, which are typically less than $10,000. Once your bills exceed these policy limits, you will be responsible for payment.
Medpay and PIP funds can be utilized initially to cover health insurance deductibles, co-pays, and lost wages until you recover from the at-fault party. If you lack such coverage, in most cases, you will need to find healthcare providers willing to treat you upfront and defer their bills until you receive compensation from the insurance company.
Premises Liability: Slip or Trip and Fall Accidents
In premises liability or slip and fall cases, the responsibility for payment of medical bills typically falls on the injured person, unless the premises owner’s property insurance policy includes “med pay” coverage.
Dallas personal injury attorneys with experience in handling personal injury claims related to premises liability understand that “med pay” coverage can be beneficial. If the premises owner has this type of insurance coverage, the injured person’s medical bills will be paid by the insurance carriers, up to the limits specified in the “med pay” policy. However, once the “med pay” limits are exhausted, the injured person becomes responsible for paying the remaining bills.
Boating Accidents
Boating insurance policies seldom include “med pay” coverage. Consequently, personal injury victims involved in boating accidents will likely be responsible for covering their own expenses. It is crucial for individuals who suffer injuries caused by boating accidents to consult the right lawyer in Dallas to understand their legal options and seek rightful compensation for their injuries.
Work-Related Accidents
In the unfortunate event of a work-related accident due to gross negligence, personal injury victims may find relief if their company carries workers’ compensation insurance. In such personal injury cases, the workers’ compensation insurer will cover all the medical bills incurred by the injured party. It is important to note that these victims involved in work-related accidents are not required to contribute any money towards their expenses, including bills or deductibles.
Moreover, our Fort Worth, Dallas personal injury lawyers who handle personal injury cases are well-versed in the laws pertaining to workers’ compensation and can ensure that victims receive proper reimbursement for transportation expenses related to medical appointments. However, if a company does not have workers’ compensation insurance, pursuing damages under Texas non-subscriber laws becomes necessary.
Reimbursement for Medical Bills Paid by Insurers
If health insurers, Medicare, or the state agency administering Medicaid benefits have paid for your medical bills in relation to the accident, they are entitled to reimbursement for the amount they disbursed to your healthcare providers. Skilled Dallas personal injury attorneys can help navigate the complexities of dealing with insurers and ensure fair reimbursement processes.
Worst-Case Scenario
In the worst-case scenario where an accident occurs, insurance coverage is unavailable, and it is determined that there is no personal injury case due to factors such as personal fault or insufficient evidence, the injured party becomes solely responsible for all medical expenses. These victims facing this situation have limited options and should seek legal counsel to explore any possible alternatives.
Who is Responsible for the Cost of Property Damage After a Car Accident?
Who is Responsible for the Cost of Property Damage After a Car Accident in Dallas?
In Dallas, Texas, the responsibility for covering the cost of property damage resulting from a car accident lies within specific legal parameters. As a car owner, you have the right to choose the body shop for repairing your vehicle. However, determining who will foot the bill for your property damage depends on the urgency of your vehicle’s repair and whether the at-fault party has accepted liability.
In Dallas, as in most places, the responsibility for the cost of property damage after a car accident typically falls on the at-fault driver’s insurance company. Texas follows a fault-based system, meaning that the driver who caused the accident is generally responsible for covering the damages.
If you were not at fault in the accident, you can file a claim with the at-fault driver’s insurance company to seek compensation for your property damage. Their insurance should cover the cost of repairing or replacing your damaged property, such as your vehicle or any other damaged property involved in the accident.
It’s important to gather evidence and documentation of the accident, including photographs, police reports, witness statements, and any other relevant information that can support your claim. You should notify your insurance company about the accident as well, even if you are not at fault, to ensure they are aware of the situation.
If the at-fault driver does not have insurance or is underinsured, you may need to rely on your own insurance coverage, such as uninsured/underinsured motorist coverage, to help cover the property damage costs.
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
Are There Any Hidden Attorney Fees That I Need To Be Aware of?
When you engage the services of our Dallas personal injury law firm, we ensure complete transparency regarding our fee structure. There are no hidden charges or surprise fees that catch you off guard. We take the time to explain the details of our contingency fee agreement, outlining all the fees and expenses involved.
In fact, paragraphs 1 and 2 of our agreement provide a comprehensive breakdown, and we require your initials next to each item to confirm your understanding. Our aim is to establish trust with our clients, providing them with peace of mind and alleviating any concerns. Our goal is not to profit at your expense but rather to obtain the best possible results for your injuries and damages.
Are My Medical Bills And Attorney Fees Combined?
It’s important to note that your medical bills and attorney fees are separate entities. While our law firm fees are based on the “No Fee, No Recovery” concept, your medical bills remain your responsibility. For instance, if you received a bill from the emergency room following your accident, it is your obligation to settle that bill as it does not fall within our purview to waive it.
However, when you enter into a contract with an experienced personal injury lawyer in Dallas, such as ourselves, you grant us permission to reimburse the medical providers from the eventual settlement or judgment you receive. This arrangement ensures that your expenses are appropriately handled while allowing us to pursue the compensation you rightfully deserve for your harm or serious injury.
Who Covers the Expenses of Managing My Case?
The good news is that, as experienced personal injury attorneys in Dallas, TX, we have provisions in our contingency contract that allow us to bear the expenses associated with your case. Our law firm agreement enables us to cover the necessary costs throughout the process, and once we secure a settlement on your behalf, we will deduct those expenses from the settlement amount.
It’s important to understand the typical expenses involved in a personal injury case, as they can be significant. For instance, the police department charges a fee for providing copies of the police report, collision videos, and the police call log. Medical providers charge per page to produce your medical records. Filing a lawsuit incurs fees imposed by the court.
What sets our law firm apart is our commitment to leveraging digital resources to streamline these requests and save you money at every turn. For example, our Dallas personal injury attorney makes digital requests for your medical records and bills, opting for a flat fee instead of a per-page charge.
Our communication is predominantly conducted through email and client portals, providing you with convenient and cost-effective access to our Dallas personal injury lawyers. This approach allows us to operate as a faster and more affordable law firm, dedicated to serving your needs.
What does “No Recovery, No Fee” mean?
What does “No Recovery, No Fee” mean?
“No Recovery, No Fee” or “No Attorney Fee if No Recovery” means that you will not be responsible for your attorney fees if we lose your case, or do not settle your case with the responsible party or their insurance company. We will charge you a percentage of the settlement instead of the typical retainer and hourly fees that attorneys charge.
Therefore, if we lose your case any percentage X $0.00 = $0.00 and you owe us nothing for attorney fees. This agreement allows you as a victim of a car accident to receive the proper medical attention that you need without worrying about the outrageous legal fees piling up. Also, this will give you the opportunity to handle your property damage much faster and get back to your daily lives.
In the other Sections, we explain that although there are no attorney fees if there is no recovery, your medical bills and expenses are still due and the medical providers will want payment irrelevant of the results. In addition, we explain in some rarer circumstances that if we lose you may be responsible for attorney fees and taxable court costs of the defendant if the judge exercises discretion and grants them.
How do I know if I have a valid product liability case?
If you’ve been injured while using a product as intended or in a reasonably foreseeable manner, you may have a valid case. Key factors include whether the product was defective, whether the defect caused your injury, and whether you suffered damages as a result. Our team of Carrollton product liability lawyers offers initial consultations to evaluate potential cases.
How long do product liability cases typically take to resolve?
The duration of a product liability case can vary greatly depending on its complexity, the willingness of the defendant to negotiate, and whether the case goes to trial. Some cases may settle within months, while others can take years to resolve. We strive to resolve cases efficiently while still pursuing the best possible outcome for our clients.
What if the product that injured me has been recalled?
A recall can be relevant to a product liability case, as it may serve as evidence that the product was defective. However, a recall doesn’t automatically determine the outcome of a lawsuit. The specific circumstances of your case, including how the product was used and the nature of your injuries, will still be crucial factors.
Can I still file a lawsuit if I no longer have the product that caused my injury?
While having the product is helpful, it is not always necessary to pursue a product liability claim. Other forms of evidence, such as medical records, witness testimony, and professional analysis, can also be used to build a strong case. However, preserving the product when possible can significantly support your claim.
What if I was partially at fault for my injury?
Texas follows a modified comparative fault rule, which means you can still recover damages as long as you were not more than 50% responsible for your injury. However, your compensation may be reduced by your percentage of fault. Our attorneys can help evaluate your case and explain how this rule might apply to your situation.
GET TO KNOW OUR CARROLLTON PRODUCT LIABILITY LAWYERS
It's time we do things the SMART way rather than the hard way
“Hire the Smart Suits for Your Lawsuits”
SEAN CHALAKI
- Texas Super Lawyers: Rising Star 2016 2023 2024
- Law Firm of the Month by Attorney at Law Magazine 2016
- Top 40 under 40 Trial Attorney by The National Trial Lawyers (2015, 2016, 2022)
- Board Member Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Danielle Hall, Individually Anf Amh-s V. Witron Integrated Logistics, Inc. Et
- Best Lawyers Ones to Watch 2022
- Best Lawyers 2024
YASAMIN MOUSSAVI
- Principal / Texas and New York Litigation Attorney
- Licensed Attorney with State Bar of Texas
- Licensed Attorney with State Bar of New York
- Licensed Attorney in Federal and District Court
- South Australian Bar Association
SHAWN HASHEMI
- Principal / Litigation Attorney
- State Bar of Texas
U.S. Federal District Court for Northern District of Texas - U.S. Federal District Court for Eastern District of Texas
- U.S. Federal District Court for Southern District of Texas
- U.S. Federal District Court for Western District of Texas
ABBAS HARATI
- Admitted to the State Bar of California
- Certified Mediator in the State of Texas
- Member of the Orange County Trial Lawyers Association
- Member of the Consumer Attorneys Association of Los Angeles
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The content of this website has been prepared by Gosuits.com, for informational purposes only and should not be construed as legal advice from a lawyer. The material posted on this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship, and readers should not act upon it without seeking professional counsel. The chat system is an automated system that provides general information and not legal advice. You should not rely on any of the information, nor should you ever disclose private information to anyone in the chat system. Our office will never ask you for your private information until you have retain our firm with a written contract. Until there is an established written contract there is no attorney-client relationship. The knowledge base section of this website is not to be used as legal advice or legal resources. This website contains attorney advertising. Prior results do not guarantee a similar outcome. Disclaimers.
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* Best Lawyers Ones to Watch 2022 – Sean Chalaki
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