When people suffer harm at the hands of a corporation, they often feel as if they lack sufficient resources to protect their interests and that pursuing a claim against the corporation will be a fruitless battle. Texas has enacted numerous laws for the protection of consumers, however, and there are multiple avenues that allow individuals harmed by reckless or negligent companies to seek recourse for their injuries or losses. Victims should contact a capable attorney to discuss the claims that they may be able to pursue. Attorney Alex R. Hernandez, Jr. is proficient at litigating cases on behalf of injured consumers. He will fight for the full amount of compensation that you are entitled to recover. Mr. Hernandez represents consumers in individual claims as well as class actions and mass tort lawsuits throughout Texas.
Texas provides remedies for consumers harmed by deceptive or negligent corporations. For example, if a company engages in fraud or deception to sell a product to a consumer, the consumer can seek damages under the Texas Trade Practices Act. Under the Act, companies that engage in misleading, deceptive, or false practices or acts can be held liable to consumers harmed by these practices. The Act applies to numerous acts undertaken by businesses, such as a refusal to perform repairs or honor a contract or warranty, a failure to warn of known hazards or defects, or a refusal to replace or repair defective products. Consumers who prove liability under the Act may recover damages for their actual harm, costs, and attorneys’ fees. If a plaintiff and their Texas consumer attorney can show that the defendant corporation engaged in willful behavior or deceived the consumer intentionally, the consumer may be owed punitive damages as well.
Often, many people are harmed by a defective product distributed by a company. When many victims sustain damages due to the fault of one entity, they often will seek compensation via a class action lawsuit. Under Texas law, a class action may be appropriate if there are so many injured victims that filing multiple separate lawsuits is impracticable, there are common questions of law or fact to each member of the class, and the representative plaintiff’s claims are typical of the claims of the class. A court generally will allow a class action to proceed if allowing the claims of each person in the class to proceed separately might create inconsistent results that would impair the ability of some of the members of the class to protect their interests. Any settlement obtained in a class action must be approved by a court, and any damages awarded following a jury trial will be divided among the class members. Class action lawsuits can be advantageous to injured people because they allow them to resolve claims that they might not pursue as individuals.Mass Torts
Mass tort lawsuits commonly arise out of defective pharmaceuticals, medical devices, or other products that cause injuries, illnesses, or economic losses to many people. Mass tort lawsuits differ from class actions in that there are multiple individual plaintiffs asserting similar allegations against one or more defendants, rather than one named plaintiff asserting claims on behalf of a class. In some mass tort claims, the injured people may have been harmed under different factual scenarios, or they may have sustained different types of damages. Each plaintiff’s claim is handled and assessed separately. In other words, each plaintiff must produce evidence sufficient to prove that the defendant or defendants caused the plaintiff’s individual damages. Thus, a plaintiff and a consumer attorney in Texas must show that the product produced by the defendant was dangerously defective, and the defective product proximately caused the plaintiff’s harm. Mass tort lawsuits are also distinct from class actions in that any damages awarded will be awarded to each plaintiff as an individual, rather than as a lump sum distributed among many plaintiffs.Mesothelioma
Asbestos was used by a variety of industries throughout Texas in the 20th century, causing thousands of workers to be exposed to it. For example, shipyards, refineries, and military bases routinely employed asbestos in their operations prior to regulations limiting its use. Asbestos fibers can cause devastating illnesses if they are inhaled, and many people who were exposed to asbestos in the workplace later developed mesothelioma, a serious lung disease. If you are suffering from mesothelioma, you may be able to recover damages from the company or companies that exposed you to asbestos. Generally, you must prove that you were exposed to asbestos in the workplace and that the exposure to asbestos substantially contributed to your harm. Many lawsuits arising out of asbestos exposure are pursued as class actions. Texas consumer lawyer Alex R. Hernandez, Jr. can bring both individual claims and class actions based on mesothelioma.Defective Pharmaceuticals
Many medications are defective and ultimately harm the people whom they are intended to help. If you suffered an injury or illness after taking an unsafe medication, you may be able to pursue damages via a civil lawsuit. In Texas, to prove that a manufacturer should be held liable for harm caused by a pharmaceutical, you must show that the drug had an unreasonably dangerous defect and that the defect caused your damages. A lawsuit may allege that the drug was poorly designed or improperly manufactured, but many lawsuits arising out of defective pharmaceuticals assert that the drug company failed to adequately warn of the potential harm posed by the drug. Proving that a pharmaceutical company should be held liable for harm caused by a defective drug is a complicated process, but if the drug was recalled due to the risk of harm that it posed to consumers, this can be used as evidence that the drug was dangerous.Consult a Knowledgeable Consumer Lawyer in Texas
Alex R. Hernandez, Jr. is an experienced attorney who is committed to helping injured consumers seek the maximum amount of compensation that they are permitted to recover under the law. If you engage Mr. Hernandez’s services, he will aggressively advocate on your behalf and assist you in pursuing the best legal result available under the circumstances surrounding your injuries. Mr. Hernandez assists clients throughout Texas, and he has offices in Corpus Christi, San Antonio, Austin, Edinburg, Houston, Laredo, Dallas, and El Paso. You can contact Mr. Hernandez via the online form or at 1-888-977-4725 to schedule a free consultation.
Alex R. Hernandez, Jr. is an acclaimed trial attorney who has been practicing law since 2001. He has represented a very large number of victims of calamitous auto and trucking accidents, of oilfield, construction and other on the job accidents, and nationally for mass torts, class actions and other national consumer law issues and many other claims across the U.S. and Texas. He has been in private practice since 2005 when he established his own law firm.
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