Getting Compensation for Defective Medical Devices

medical-device-2One of the benefits of living in a first-world country is access to quality medical care, including cutting-edge medical devices such as pacemakers and hip replacements. However, while these inventions often help people bounce back after facing a debilitating disease or injury, there are instances in which medical device problems can arise. When this happens, people who have been injured through the use of defective medical devices may want to recover some of their losses by suing the product’s manufacturer and any other negligent parties.

Understanding the Civil Litigation Process

First and foremost, victims of defective medical products need to gain a full understanding of what the lawsuit process entails. Generally, the best way of doing this is to schedule a consultation with an attorney who is familiar with applicable state and federal civil court systems. There are a number of technical and time-sensitive issues involved in pursuing a negligence lawsuit, so it is a good idea to have someone on your side who can explain all of these details to you.

Types of Available Compensation

There are several ways in which victims of defective medical devices can obtain compensation for their injuries:

  • Settlements
  • Actual damages
  • General damages
  • Punitive damages

When parties come to a resolution out of court, it is called a settlement. For most plaintiffs these types of agreements are the ideal outcome, as they usually provide a quicker and easier way to bring closure than taking a case to court. Defendants may choose to settle if they believe they cannot win at trial, or are unwilling to invest the time and money required by a lengthy legal battle. Actual, general and punitive damages are types of compensation awarded to plaintiffs when their civil suits have been fully litigated and decisions were made in their favor.

If you are a Texas resident who has been injured as a result of using a defective medical product, you may want to seek the advice of a defective products lawyer in Corpus Christi. Consulting with an experienced and board-certified attorney from the Snapka Law Firm can help ensure that you receive the compensation you deserve for your injuries. Call (361) 888-7676 or toll-free at (866) 888-7676 now to schedule a free consultation.

Why Dangerous Drugs Lawsuits Are Becoming More and More Common

DrugWhen patients take medications, they trust that these products have been properly researched and vetted for safety. While this is certainly the goal of federal agencies that regulate such medicines, there are instances in which taking these drugs can cause serious injuries or fatalities. Some individuals who suffer such injuries choose to act on their right to sue any negligent parties; in fact, these dangerous drugs lawsuits are on the rise in the United States. There are a number of reasons for this growth, and three of the most pertinent are outlined below.

1. Increased Awareness

There was a time when lawsuits related to the medical field were kept under wraps. Recently, however, this has begun to change. Now litigation aimed at major pharmaceutical companies regularly makes headline news, which helps victims realize that there are legal remedies for the injuries they have suffered at the hands of these negligent companies.

2. The Severity of Injuries

Prescription drugs are designed to affect some change in a human body, so when they are improperly researched or pose a risk that is not adequately disclosed on the label, the effects can be severe. When unsafe drugs lead to a long-term disability or a wrongful death, injured individuals and their family members are often spurred to seek justice against responsible parties, in large part because these victims do not want anyone else to suffer the same fate.

3. Closer Scrutiny of the Healthcare System in General

In recent years, the United States healthcare system has come under increasing scrutiny for corruption and mismanagement. Multibillion-dollar pharmaceutical companies have naturally been a focal point, as their skyrocketing profits seem to indicate that they may be playing an exploitive role in this system. Closer examinations of these corporations has led to numerous discoveries regarding their negligence in manufacturing drugs, which has in turn led to an increase in dangerous drugs lawsuits aimed at them.

If you or a member of your family has been injured or killed as the result of consuming dangerous prescription drugs, you may have the right to pursue a civil suit against the drug manufacturer or any other negligent parties. Those who believe they have a viable claim may wish to speak with a product liability lawyer at the Snapka Law Firm. Call (361) 888-7676 or toll-free at (866) 888-7676 today to schedule a free case consultation.

Litigating Claims Involving Catastrophic Auto Accident Injuries

Auto accident injuriesWhen an auto collision involves a large commercial truck, catastrophic auto accident injuries or deaths often result. These serious injuries are very debilitating, and can sometimes lead to longtime or permanent disabilities for victims. When faced with such situations, many people consider filing civil suits against these truck drivers or the companies for which they work. Below are the answers to some common questions injury victims have when they are trying to decide whether they should file a claim for compensation.

1. What Is a Catastrophic Auto Accident Claim?

It can be confusing for lay people to sort through the legal jargon that is often thrown around in lawsuits. Sometimes these technical terms can muddle the fact that catastrophic auto accident claims are essentially tort cases in which the injured party is trying to show that a person or company behaved negligently, and that this negligence caused a very serious injury. In such cases, defendants can be required to pay damages in order to make injured plaintiffs whole again. For example, if a victim was in a crash with an 18-wheeler truck and can no longer work, she may be able to sue the company that owned the trucking business and receive payment to cover lost future wages and the cost of her medical treatments.

2. What Do Plaintiffs Need to Prove?

Because these are negligence claims, injured parties would need to prove that they were owed a legal duty by the defendants. Plaintiffs must also show that the defendants breached this duty, and that this negligence was the proximate cause of the plaintiffs’ injuries. If the injured parties suffered financial or emotional damages as a result of their accidents, they may be able to receive compensation to cover their emotional trauma and psychological therapy costs as well.

3. How Long Do Cases Last?

This is a very difficult question to answer because it varies from case to case. Depending on the circumstances surrounding your accident, you may be able to reach a quick settlement or you may be facing years of court battles.

These questions are merely a starting point for people who are considering filing negligence lawsuits against trucking companies. Those who have suffered catastrophic auto accident injuries may want to discuss their particular situations with a Corpus Christi auto accident lawyer in order to better understand the viability of their claims. To schedule a FREE consultation with a trucking accident attorney in Corpus Christi from the Snapka Law Firm, call (361) 888-7676 or toll-free at (866) 888-7676 today.

Product Liability Claims

Product liability claimsWhen a company manufactures a product, it is their duty and obligation to ensure that the product is as safe as possible. In situations where dangers are inherent to the use of a product, a company also has the obligation to adequately warn buyers of the risks that exist. If there is any failure on the part of a company to fulfill these responsibilities, consumers may be injured or even killed. When this happens, many injury victims find that filing product liability claims is their only recourse for recovering the compensation they deserve and for motivating manufacturers to produce products that meet the strictest of safety guidelines.

Types of Product Liability Claims

There are three main types of claims related to product liability. They are:

  1. Defective manufacturing
  2. Defective design
  3. Defective marketing or failure to provide appropriate warnings or instructions

In short, any failure by any party involved in the manufacture and distribution of a product to ensure the safety of consumers can result in a product liability claim.

How to Prove Product Liability

To win a product liability lawsuit, there are four basic elements that must be proven. These elements are:

  1. An injury or damage occurred
  2. The product was defective or lacked appropriate warnings
  3. The defect or lack of warnings was the cause of the injuries
  4. The product was being used for the purpose which it was intended when the injuries resulted

All four of these elements must be proven for a lawsuit to be successful. If there is any question as to the validity of any of these elements, the possibility of receiving compensation decreases significantly.

Types of Compensation

The most common type of compensation for product liability lawsuits are compensatory damages. This includes money to compensate for economic losses like medical bills, lost wages, and property damages. It may also include compensation for pain and suffering. In some cases where the defendant was particularly negligent or irresponsible, punitive damages are also possible.

Where to Turn for Help

Product liability cases can be complex and legal requirements may vary by state. Therefore, anyone that has suffered an injury or damages from the use of a defective product should contact a product liability attorney as soon as possible. All product liability lawsuits are subject to statute of limitations requirements, so quick action is often essential. For a FREE consultation with a product liability attorney at the Snapka Law Firm, please call (361) 888-7676 or toll-free at (866) 888-7676 now.

Car Accident Facts You Should Know

car accident factsA car accident can be an extremely scary and surreal experience, especially for those who have never been in one. Many people think it will never happen to them, and it is this type of thinking that often leads to risky driving behavior that greatly increases the chances of an accident. Some of the facts about car accidents are quite frightening, but very real. For instance, every single day over 130 million vehicles drive on the streets and highways of the United States. It is estimated that around four accidents occur every ten seconds among those 130 million vehicles. If you’re not alert and focused when driving, your vehicle could become part of those car accident facts and statistics that other people read about.

What To Do After An Accident

If you do become one of the 2 million people each year who are injured in a car accident, and there is another vehicle involved, it is very important to obtain the other driver’s insurance information – whether you were at fault or not. This allows you to submit a claim with your insurance company so the vehicles can be repaired and any injuries can be dealt with accordingly. You should also always call the police following any accident, whether there is another vehicle involved or not, to ensure everything that happened is recorded in an official auto accident report, including eyewitness accounts of the crash. If there are serious injuries or even deaths that result, it is advisable to get in contact with an attorney who specializes in motor vehicle accidents. The car accident attorney you hire should be Board Certified and specialize in personal injury law.

Don’t Be A Statistic

Car accident facts can be interesting, but keep in mind that every vehicle involved in an accident had at least one person inside, and they may have been seriously injured or even killed. Don’t allow that to happen to you or those you care about. Be sure to stay alert behind the wheel and to drive safely. If you are ever injured in an accident, call (361) 888-7676 or toll-free at (866) 888-7676 today to schedule a FREE consultation with an experienced auto accident attorney at Snapka Law Firm.

Auto Accident Information

auto accident informationAuto accidents happen every day on the busy roads and highways throughout Texas and across the country. When they occur, they often cause serious injuries, which require victims to file insurance claims to receive compensation for their medical bills, vehicle repair costs and other damages. If you were recently involved in a car crash, the following auto accident information can help you understand what you can do after the accident in order to help ensure a quick and equitable resolution of your claim.

Document What Happened

It is particularly important to document what happened before pertinent evidence has been cleared away. Take pictures at the scene of the accident using a camera or your cell phone. These can help prove your case to an insurance company. Witnesses are another great way to document the situation. They help to back up your story. Finally, make sure to contact the police so that you can get a police report of the accident. This report is also a helpful record of your accident that will come in handy if you later have to file a lawsuit.

Seek The Help Of An Attorney

Next, after it has been determined that everyone is okay, a police report has been filed, and the scene of the accident has been cleared, you should seek the help of an auto accident lawyer. Fighting a legal battle on your own can be a difficult process. It is important that you have someone you trust representing you. A qualified attorney can analyze your case and fight for your right to compensation for your injuries. Even better, he or she will generally get you a higher settlement amount than if you were to handle the case on your own.

Get Proper Medical Care

Furthermore, those seeking important information about auto accidents need to understand that it is essential to get proper medical care for the injuries they sustained during the accident. As long as you were not 100 percent at fault, you will be entitled to compensation for your medical costs. Also, your medical care helps build a case for the pain and suffering you are experiencing as a result of the accident.

This auto accident information can really help improve your chances of receiving a fair settlement in the event you are ever injured in a car crash. Obviously your safety is a priority; however, there are steps that you should take following the accident to help ensure a fair and swift resolution of your claim. Call Snapka Law Firm at (361) 888-7676 or toll-free at (866) 888-7676 to make an appointment for a FREE consultation with an experienced auto accident attorney.

Product Liability Law Can Protect Consumers From Defective Products

product liability lawProduct liability law in the United States has been established to help protect both individuals and companies who have been adversely affected by defective products. Product liability cases can be filed with the help of a defective product attorney to help you or your business receive proper compensation for your injuries or financial losses. A defective product lawyer not only helps you to gain proper restitution, but also strives to help protect consumers from harmful products or products with defects that are readily available to consumers.

The three main types of product liability these cases involve include:

  • Manufacturer’s Defects
  • Design Defects
  • Failure to Warn (commonly referred to as a Marketing Defect)

Each type of product defect is harmful or misleading to the consumer. Laws for product liability have been put in place to protect consumers from spending their hard-earned money on defective items, as well as protect consumers from the harm that can be done from these often dangerous products.

Why Hire A Product Liability Attorney?

Often times, the laws that have been put in place on the state and national level will be violated by manufacturers who are cutting corners or trying to make a quick dollar off of unknowing consumers. When these circumstances arise, you may want someone who is more experienced with product liability laws than yourself. A product liability attorney knows what kind of cases will hold up in court, and the amount of just compensation that may be attained when a case is won.

Product liability attorneys not only want to help you get just compensation for injuries sustained when using a defectively manufactured product, but also want to help other consumers avoid similar injury and risk. Product manufacturers must be held up to a high standard in order to protect the unknowing consumer who is relying upon the honesty and integrity of those manufacturers.

If you, a loved one, or an employee has sustained serious injury due to a manufacturer defect or failure to properly warn about the risks associated with a product, you may want to contact a product liability attorney to see what kind of compensation you may be able to receive. Call an experienced attorney at the Snapka Law Firm at (361) 888-7676 or toll-free at (866) 888-7676 today for a FREE consultation regarding your defective product case.

The Dangers Associated With Faulty Medical Devices

medical device problemsMedical devices commonly provide life changing benefits; unfortunately they can also cause significant harm in some circumstances. The manufacturers of prescription drugs and medical devices are expected to meet the highest standards in terms of safety, effectiveness, and overall quality. Failure to live up to these expectations can prove to be life altering—or even fatal—for those who depend on them. Regrettably, medical device problems are a consistent occurrence in healthcare today – one that can affect anyone.

What Constitutes A Medical Device “Problem?”

The Food and Drug Administration defines a medical device as:

“an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including a component part, or accessory which is intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease.”

A medical device can range from the latest in medical technology to a simple walking cane. The problems with medical devices typically lead to poor results, mild to severe adverse health effects, and even death.

What Are The Common Causes Of Medical Device Problems?

Faulty designs and manufacturing account for the majority of medical device problems. Problematic devices are often made with inadequate materials or are assembled poorly, making them ineffective and potentially dangerous. Contamination is another common issue with medical devices, particularly for those that are used in surgery, in transplants or to help sick individuals who have compromised immune systems.

What Recourse Is Available?

Individuals and their loved ones who have suffered adverse effects from faulty medical devices or prescription drugs are often legally eligible for financial compensation. Manufacturers that fail to meet safety and quality standards must be held accountable for their actions. Texans should consult with a medical malpractice attorney in Corpus Christi if they have even the slightest suspicion that they have experienced any problem with a medical device. In addition to receiving just compensation, those that pursue justice in these matters will help save others from having to experience the same problems. Call the Snapka Law Firm at (361) 888-7676 today for a FREE consultation if you have been injured by a defective medical device.

Work Injury Compensation That You Can Receive When Hurt On The Job

Work CompIf you are injured at work, you are entitled to proper work injury compensation. A work injury can result in lost wages, large medical bills, and emotional distress. Sometimes workplace injuries are accidents, but they can also be the result of negligent behavior by an employer or coworker. Certain workplaces, such as oil fields and refineries, are more likely to be the site of workplace injuries, due to the dangerous nature of the work environment. The following are three things for which you should be compensated if you are injured at work.

Lost Wages

An injury may make it impossible to work. Some work injuries have a very long recovery period. You may lose the ability to perform specific tasks due to the injury. Certain injuries, such as brain and spinal cord trauma, may make it impossible for you to ever work again. An experienced lawyer can help negotiate compensation for the wages lost due to your work injuries.

Medical Bills

The cost of medical care can be exorbitant, particularly if you have a very long recovery period and spend a lot of time in the hospital. Depending on the nature of the injury, your medical bills may exceed what you are able to pay. Even if you have insurance, your employer should be responsible for covering the cost of any medical care that exceeds insurance benefits. You are entitled to compensation for any medical bills that stem from injuries on the job.

Emotional Distress

If you are unable to work due to a work injury, it can create a lot of stress in your life. Loss of income may mean you get behind on household bills. You may be concerned about how you will provide for your family and if you can ever work again. All of these things can increase stress and even prolong the recovery period. Emotional distress as a result of a workplace injury deserves just compensation.

A work injury can result in lost income, excessive medical bills, and emotional distress. An experienced personal injury attorney can help to ensure you receive the work injury compensation you deserve if you are ever injured while performing the duties of your job. If you have been injured on the job in Corpus Christi, call Snapka Law Firm at (361) 888-7676 or toll-free at (866) 888-7676 for a FREE consultation regarding your work injury case.

Injury Lawyer In Corpus Christi Gets More Than Just Winning Verdicts For Clients

If you’ve recently suffered from an injury because of the negligence of someone else, or lost a loved one under similar circumstances, finding an experienced injury lawyer in Corpus Christi can be crucial to making sure that you get the justice and compensation you deserve. Finding a Corpus Christi injury attorney with a strong record of success in personal injury cases is clearly important, but there are other things to look for when you are choosing your attorney. Below are just a few things you should consider when hiring a personal injury lawyer.

You Deserve a Compassionate, Dedicated Attorney
There are many competent Corpus Christi injury lawyers to choose from, so it’s worth it to meet each attorney you are considering in person to find one who you believe truly cares about your case. If you have recently been injured or lost someone, you may be feeling a range of strong emotions; seeking compensation for your medical bills and the emotional trauma of what you’ve been through is necessary, but can be challenging under these circumstances. An attorney who understands what you’re going through can guide you through the litigation process and help with the confusion and stress that you may feel. He or she will also be committed to pursuing your case all the way to trial if necessary, instead of settling for less than what you deserve.

You Need an Attorney You Can Afford
Most injury attorneys want to get their clients justice, but are equally concerned with making a profit. You should find an attorney who offers you a fair fee arrangement, especially given that you may be temporarily unable to work – or even permanently disabled – following an accident. A good personal injury attorney will give you a free, no-obligation consultation. Some firms even use a contingency fee system, in which you don’t have to pay if you don’t recover money for your injuries. Finding an attorney who charges a reasonable fee will leave you in a better position after your victory.

You Should Have a Positive Experience on Top of Victory
Of course, winning your case to get the compensation and justice that you deserve is important, but a great attorney has more to offer than his or her skills in court. Your attorney should be communicative and easy to reach when you have questions or concerns, dedicated to seeing your case through to verdict or settlement, and sensitive to the traumatic experience you have been through. This is the least you deserve when you are looking for an injury lawyer in Corpus Christi. If you or someone you love has been injured in any type of accident in Corpus Christi, call The Snapka Law Firm at (361) 888-7676 or toll-free at (866) 888-7676 to discuss your personal injury case.