Claims

Making a product liability claim can be an intricate and costly process. Attorneys who specialize in these cases usually focus on specific aspects of product liability like prescription drugs, automobiles, or toxins (e.g., asbestos). Some lawyers could also be engineers or physicians, which could give them intimate knowledge of the product involved in a case. Although these extra credentials may give you an edge, by no means are they a requirement for winning a case. Most importantly, you need an attorney who has a wealth of experience handling product liability cases.

The majority of product liability lawyers will assume cases on contingency, or without charging a fee until a settlement or verdict is reached. This fee is determined by the intricacy of the case as well as where the case took place. Some lawyers require a retainer fee, or advance payment for case-related costs. It could be a difficult task to find representation if you have an atypical case. If so, you may need to discuss your case with a variety of lawyers.

Individual vs. class action lawsuits

You can file a product liability claim alone or as part of a class action lawsuit if the defective product affected a number of people. In a class action lawsuit, a small group of people represent hundreds or even thousands of people who have received similar injuries and are seeking compensation. Class actions are highly successful when the amount of damages for each plaintiff is miniscule, or low enough that the potential value of one person pursuing the case is not worth it. This method of lawsuit is not normally used when people have severe or unique injuries that can't be categorized.

Consumers have recently been utilizing class action lawsuits to put pressure on the medical community to monitor new drugs with the goal of producing information that will benefit the affected party. For instance, people across the country who were harmed by the weight loss drugs fen-phen and Redux were able to use a class action to their advantage when everyone who had taken the drugs was granted a diagnostic test free of charge.

If you've been injured by a dangerous product, it probably makes sense to pursue a lawsuit individually. You and an attorney would collaborate to investigate the details of the case and compile evidence to get ready for the trial. Be prepared to make your medical records available for review and any other documents pertinent to the case and injuries you suffered. You may feel as if your privacy is being invaded. However, the defense reserves the right to examine this paperwork, most of which will not even make it to the courtroom, in preparation for the trial.

The kind of information that you may be required to disclose is dependent upon a couple variables. If you claim psychological damage, you must be willing to show proof of counseling sessions or psychological treatment. If you claim physical injury, you may not be required to provide confirmation of previous psychological treatment. The way your case is handled is reliant upon your state laws unique to your case.

A number of product liability cases reach settlements before getting to trial, but those that do go to trial can be the most costly and tricky to pursue since the last thing a company wants is the stigma associated with a bad product.