What Goes Into A Product Liability Claim?
Developing a dangerous drug or product case involves several steps.
At the end of the day, through these steps, your Texas personal injury lawyer will seek to prove that:
- The product or drug is defective.
- The product or drug has not been substantially altered.
- The defect caused injury.
The first phase of your case is the initial investigation.
Depending on the facts of your case, our Houston injury attorneys may:
- investigate whether there have been other issues with the product or drug
- seek reports of prior incidents and injuries
- look at the history of product warnings and instructions
- find out if there have been any product recalls
- interview engineers who designed the product
- speak to doctors or scientists who developed the drug or medical device
Filing A Claim
If our investigation reveals that you have a good case, we will make a claim on your behalf. This may involve applying for compensation from a settlement fund, or it may involve filing a court lawsuit.
If many other people have been injured by the same drug or product that hurt you, and if they have filed claims too, your case may be moved to multidistrict litigation (MDL) so that they can be coordinated.
In other situations, claims may be combined into a class action.
After your claim is filed, lawyers will engage in discovery.
During this phase, your personal injury attorneys will seek documents from the product manufacturer.
We may also seek to take sworn testimony from the manufacturer or another person with knowledge of the drug or product. This is called a deposition.
Also as part of discovery, lawyers from the product manufacturer will seek your medical bills and information about you. They may seek to take your deposition.
Many times, proving a dangerous drug or product case requires expert testimony. These experts–often engineers, scientists, or doctors–will use their knowledge and experience to explain why a drug or product is dangerous.
In many cases, the parties will “mediate” the case after discovery has been conducted and experts have been identified. “Mediation” is when both sides sit down and attempt to settle the case.
If you case does not settle, it will typically be tried. This involves many of the things you have probably seen on TV: jury selection (called “voir dire”), opening statements, witness testimony, and closing arguments.
The party that loses at trial may seek to appeal the ruling. This process can take a long time, and the steps vary depending on the jurisdiction.
Our Texas products liability attorneys would love the opportunity to walk you through the process in person or over the phone during a free, confidential, and non-binding consultation.
Please contact us now to start the process.
McKisson v. Sales Affiliates, Inc., 416 S.W.2d 787 (Texas Supreme Court 1967) (adopting Restatement of Torts § 402A as law of Texas in relation to products liability personal injury lawsuits, in case arising from defective hair product that harmed wife of salesman from beauty supply company).