Frequently Asked Questions

What can I recover if I’ve been injured in a product liability claim?

You are entitled to economic compensation and non-economic compensation. Economic compensation includes those damages caused by the injury of their defective product such as loss of wages, medical bills, or cost of repairs. Non-economic compensation is compensation for pain and suffering.

Who is liable if I am injured or damaged by a defective product?

If an injury is caused by a faulty, damaged, or defective product, the manufacturer, the designer, and the distributor can be held responsible. The injured must prove that the product is indeed damaged or defective. The case can be based on negligent design of the product, negligent manufacture of the product, or negligent failure to warn consumers about the dangerous aspects of the product. For more information about defective product lawsuits, call us.

What must I prove in order to win my defective product liability lawsuit?

  • Negligent design of the product
  • Fraud or misrepresentation about the product
  • Negligent failure to warn about an aspect of the product
  • Breach of an implied or express warranty
  • Negligent manufacturing of the product

For more information, contact us.

What kinds of compensation can I ask for in my defective product liability claim?

You are entitled to economic and non-economic compensation. Economic compensation includes calculable loss caused by your injury due to the defective or damaged product, such as medical bills, loss of wage, and cost of repairs. In some states, this is given to you regardless if you or the manufacturer are considered more at fault. Non-economic compensation includes pain and suffering.

Can I sue Allergan implants?

Yes, you can. The Schwaba Law Firm is filing lawsuits for women who have received Allergan defective breast implants and tissue expanders. However, the amount of time you have in order to file may vary from state to state. Some states limit the time to file a lawsuit to 12 months starting from the time you were made aware of the defect of the implants. Because of the limited time, if you wish to pursue a claim, we recommend you speak with an attorney as soon as possible to discuss your claim. Contact us today for a legal consultation.

How long do I have to file a personal injury case?

The time you have to make a claim and file a personal injury case varies from state to state. You need to check your state laws to know how much time you may have. Some states have up to four years to file personal injury lawsuits and up to 5 years for vehicular damage. Whichever state you are currently residing in, bear in mind that these types of cases have limited time, thus, we recommend you call an attorney to discuss your rights.

What types of compensation can I get after a tractor-trailer accident?

For a tractor-trailer accident, damages may include both economic and non-economic compensation. Economic compensation refers to financial loss and includes:

  • Medical Expenses or Medical Care
  • Rehabilitation Services. Custodial Care
  • Lost Wages
  • Loss of Future Earnings
  • Loss of Use of Property
  • Costs of Repair
  • Costs of Hiring In-Home Services
  • Burial Costs.

Non-economic compensation relates to:

  • Pain and Suffering
  • Inconvenience Physical Impairment or Disfigurement
  • Mental Anguish and Emotional Distress
  • Loss of Consortium
  • Injury to Reputation
  • Humiliation

What happens if the other driver is uninsured?

If you have been involved in a collision with an uninsured motorist, you may be responsible, you may be able to receive compensation from your insurance company if you have Uninsured Motorist coverage on your policy. If your automobile policy includes uninsured motorist coverage, your insurance company may request information related to your collision, your injuries, and your prior medical conditions. We recommend speaking to an attorney to navigate issues that arise when an uninsured motorist caused your collision.

What can I do to protect myself after an accident with a big truck or tractor-trailer?

Big trucks or tractor-trailer accidents are very complicated cases. Whether you are severely injured or not, it is best for you to immediately call an experienced attorney who handles cases like these to protect yourself. Most truck companies are ready for cases like this and will immediately take action, so for your protection, we recommend contacting an attorney to discuss your rights, your options and prosecute a claim on your behalf. For a legal consultation, call us.

What should I do at the scene of a truck accident?

If you are able, immediately stop your vehicle and determine if you have been injured. If possible and necessary, call 911 and request medical assistance and a police investigation. If you are able to do so safely, and have a camera available, take photographs of the scene of the collision, including each vehicle in the roadway, and the damage to the vehicles. Once your medical situation has stabilized, contact your insurance company. If you have any questions about your legal rights, feel free to contact us at the contact information below.