If a defective product injured you or someone you love in Lubbock, the first question most people ask is whether they can afford an attorney. The second, often overlooked question, is whether they can recover their attorney fees as part of the lawsuit. These are both fair questions, and the answers matter a great deal for how you approach your case. Malone Injury Lawyers works with injured Texans on product liability claims across the state, and this 2026 guide breaks down exactly what you can expect under Texas law.
The Short Answer on Attorney Fees in Texas Product Liability Cases
Texas follows what lawyers call the “American Rule.” Each party pays their own attorney fees unless a statute, contract, or specific legal theory allows fee-shifting. According to Cornell Law School’s Legal Information Institute, this rule applies in most civil litigation across the United States, including personal injury and product liability claims.
In a standard product liability lawsuit in Texas — whether based on a manufacturing defect, design defect, or failure to warn — you generally cannot recover your attorney fees from the defendant as a separate damages item. That is the honest, practical reality that any product liability attorney worth their time will tell you upfront.
However, that does not mean you walk away empty-handed if you have to pay a lawyer. The structure of how product liability lawyers in Texas charge clients makes this far less of a barrier than it sounds.
How Contingency Fees Work in Product Liability Cases?
Product liability lawyers almost universally work on a contingency fee basis. You pay nothing upfront. If you win, the attorney takes a percentage of the recovery — typically between 33% and 40% depending on whether the case settles or goes to trial. If you lose, you owe nothing in attorney fees.
This arrangement means your ability to hire an experienced product liability attorney has nothing to do with what you have in your bank account. The American Bar Association recognizes contingency fees as ethically permissible in personal injury cases and has published guidance on how these arrangements should be structured and disclosed to clients.
From a practical standpoint, this fee structure aligns your attorney’s incentives with yours. They get paid more when you recover more. That matters in product liability cases, where the difference between a weak and a strong settlement can be enormous.
What You Can Recover in a Texas Product Liability Claim?
Even though attorney fees themselves are typically not added onto the defendant’s bill, Texas law allows injured plaintiffs to recover a broad range of damages. Under Texas Civil Practice and Remedies Code Chapter 82, product liability actions can support claims for:
– Medical expenses, both past and future
– Lost wages and reduced earning capacity
– Pain and suffering
– Mental anguish
– Physical impairment
– Property damage
In cases involving gross negligence or malicious conduct, Texas law also permits exemplary (punitive) damages. These are capped under Chapter 41 of the Texas Civil Practice and Remedies Code, generally limited to two times the amount of economic damages plus up to $750,000 in non-economic damages, or $200,000, whichever is greater. FindLaw’s legal resources provide a useful primer on how punitive damages work in Texas if you want more background on this point.
The compensation you receive, minus the contingency fee, represents your net recovery. A skilled product liability attorney who knows how to build a strong case will push to maximize that total figure.
The Wyoming Question: Why It Came Up
Some people searching for answers on attorney fees in product liability cases encounter references to Wyoming law. This often happens because product liability rules vary significantly by state, and generic legal information online sometimes blurs those lines. If your injury happened in Lubbock or anywhere else in Texas, Wyoming law simply does not apply to your claim. Texas has its own statutory framework, its own damage caps, and its own procedural rules governing these cases.
Wyoming, for reference, also generally follows the American Rule on attorney fees. Justia’s legal database can help you verify state-specific fee rules if you have a genuine cross-state issue, but for most people reading this in West Texas, Texas law is what governs.
When Fees Can Shift Under Texas Law?
There are narrow circumstances where Texas law does allow a court to award attorney fees in civil cases. These include certain contract disputes, some consumer protection claims under the Texas Deceptive Trade Practices Act (DTPA), and specific statutory causes of action. If your product liability claim also involves a consumer protection angle — for example, a manufacturer made fraudulent representations about a product’s safety — your attorney may be able to attach a DTPA claim, which carries its own fee-shifting provisions.
This is exactly why talking to a product liability lawyer early matters. They can assess whether your facts support additional legal theories that might bring additional remedies, including the possibility of fee recovery. Malone Injury Lawyers reviews each case for all viable claims, not just the obvious ones.
What a Good Product Liability Attorney Does for You in Lubbock?
Product liability cases are not simple negligence claims. They typically require expert witnesses, engineering analysis, medical testimony, and a deep understanding of how courts evaluate defect theories. Manufacturers and their insurance carriers hire experienced defense teams. Going up against them without your own skilled attorney is a serious disadvantage.
A good product liability lawyer will identify who manufactured the product, who distributed it, and who sold it — because all three parties may share liability under Texas law. They will gather evidence before it disappears, work with experts to reconstruct what happened, and negotiate from a position of documented strength. If the case goes to trial, they need to be comfortable presenting technical evidence to a jury in plain terms.
Our team has handled cases involving defective auto parts, unsafe consumer goods, faulty medical devices, and dangerous industrial equipment throughout Texas. Personal injury cases in general require swift action, but product liability claims carry an added layer of complexity because the physical evidence — the product itself — can be critical. Preserving it early is one of the first things a lawyer will tell you to do.
The Statute of Limitations: Do Not Wait
In Texas, you generally have two years from the date of injury to file a product liability lawsuit. Texas Civil Practice and Remedies Code Section 16.003 sets this deadline. Miss it, and you are barred from recovering anything, regardless of how strong your case is.
Two years sounds like a long time. It is not, particularly in product liability cases where building a claim takes months of investigation, expert retention, and document discovery. If you were hurt by a defective product in Lubbock, start the conversation with a product liability lawyer as soon as you are physically able to do so.
There is also a product liability repose statute in Texas under Chapter 16 of the Civil Practice and Remedies Code. For products that have been in use for 15 years or more, additional time-bar issues can arise. An attorney can assess whether those rules affect your specific situation.
Other Cases We Handle
Product liability is one part of what we do. If your situation also involves a vehicle defect that caused a crash, our car accident attorneys and truck accident attorneys are experienced with those overlapping claims. Defective safety equipment in a workplace setting may raise both product liability and workplace accident issues. And in the most tragic situations, where a defective product took someone’s life, our wrongful death attorneys work with surviving family members to pursue full compensation.
Practical Steps If You Were Hurt by a Defective Product
First, keep the product. Do not throw it away, return it, or let the retailer collect it. That physical item is potential evidence.
Second, photograph everything — the product, the packaging, the injury itself, and where the incident occurred.
Third, seek medical treatment and keep records of every appointment, prescription, and diagnosis. Medical documentation is the foundation of your damages claim.
Fourth, avoid giving recorded statements to the manufacturer or their insurance company without talking to a product liability lawyer first.
Fifth, contact us for a free case evaluation. There is no cost to sit down and understand your options.
Talk to a Product Liability Lawyer in Lubbock Today
You do not have to figure out the law on your own. Whether your question is about attorney fees, how Texas defines a design defect, or what your case might actually be worth, we can give you real answers based on the specific facts you bring to us.
Call Malone Injury Lawyers at (806)-642-6001 to schedule a free consultation. Visit our Lubbock office at 3206 140th St #200, Lubbock, TX 79423, United States. We serve clients throughout Texas, and we take product liability cases on contingency — so you pay nothing unless we win your case.
