Product liability lawsuits can be complex legal proceedings that involve numerous parties, including the plaintiff, defendant, and potentially other entities such as suppliers and manufacturers. If you are considering filing a product liability lawsuit or are already involved in one, it is important to understand what to expect during the process.
Here are the general steps that may occur during a product liability lawsuit:
Consult with a lawyer: Before filing a product liability lawsuit, it is important to consult with a lawyer who has experience in this area of law. The lawyer can evaluate your case and determine whether you have a valid claim. They can also explain the potential outcomes of the case and provide guidance on what to expect during the process.
Investigation: After you file your lawsuit, your lawyer will begin investigating your case. This may involve gathering evidence such as medical records, product specifications, and witness statements. They may also work with experts in fields such as engineering or medicine to analyze the product and determine whether it was defective.
Discovery: During the discovery phase, both parties exchange information related to the case. This may include documents, witness statements, and other evidence. Both parties may also take depositions, which are statements made under oath by witnesses and experts.
Mediation/Settlement: Before trial, the parties may attempt to reach a settlement through mediation or other means of alternative dispute resolution. If a settlement is reached, the case will not go to trial.
Trial: If a settlement is not reached, the case will proceed to trial. During the trial, both parties will present evidence and argue their case in front of a judge and/or jury. The judge and/or jury will then decide whether the defendant is liable and, if so, what damages should be awarded.
Appeal: If one of the parties is dissatisfied with the outcome of the trial, they may appeal the decision to a higher court. The appellate court will review the case and determine whether any errors were made during the trial that warrant a new trial or a different outcome.
Types of product defects: There are three main types of product defects that can result in a product liability lawsuit: design defects, manufacturing defects, and warning defects. Your lawyer will likely investigate which type of defect applies to your case, as this can impact the evidence and arguments presented during the trial.
Statute of limitations: Each state has a statute of limitations for product liability lawsuits, which means there is a time limit for filing a claim. It’s important to consult with a lawyer as soon as possible to ensure that you file within this time frame.
Damages: If you are successful in your product liability lawsuit, you may be entitled to various types of damages, including compensation for medical expenses, lost wages, pain and suffering, and more. Your lawyer can help you determine which damages apply to your case and what amount you may be entitled to.
Comparative negligence: In some cases, the defendant may argue that the plaintiff’s own actions contributed to their injury or harm. This is known as comparative negligence, and it can impact the amount of damages awarded. Your lawyer can help you navigate this argument and present evidence to counter any claims of comparative negligence.
Going through a product liability lawsuit can be a challenging and complex process. However, with the help of an experienced lawyer and a clear understanding of what to expect, you can work towards receiving compensation for any harm you suffered due to a defective product.
As a law firm experienced in personal injury cases, including product liability lawsuits, we can provide assistance with various aspects of the product liability lawsuit process. We can evaluate your case, conduct a thorough investigation, negotiate with the defendant or their insurance company, represent you in court during the trial, and also represent you during the appeals process if necessary. Our goal is to provide comprehensive legal representation for product liability lawsuits, helping you navigate the complex legal process and work towards receiving compensation for any harm you suffered due to a defective product.
If you you or a loved one have been involved in a product liability accident don’t hesitate to call us at Alpert Schreyer, LLC to see how we can help you!