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Know What to Expect in a Product Liability Lawsuit

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Know What to Expect in a Product Liability Lawsuit

By law, a product must meet ordinary expectations of you the consumer. That doesn’t mean that if you don’t like how it works you can sue. Product liability involve a seller or manufacturer being held responsible for putting a defective or flawed product on the market that harmed you. It is your lawyer’s responsibility to prove that product caused your injury because it was defective. However, it is important to know what to expect during a product liability lawsuit so you can assist your attorney in winning or settling your case.

You Attorney Contacts the Defendant

In a product liability lawsuit there may be more than one defendant. Everyone from the manufacturer to the store where you purchased the product may be liable. Often, your attorney will contact the defendants to work out a settlement to avoid court. If a settlement can’t be worked out your attorney will file a lawsuit.

Filing a Summons and Complaint

The only time a lawsuit can begin is once your attorney files a complaint against the defendants. He or she will also request a summons be sent to the defendants. In the complaint, your attorney tells how much money you are seeking. This is called compensation.

Defendant Answers the Complaint

The defendants will separately file an answer, or legal explanation of why they are not responsible. For instance, the company may claim that you misused the product. You should expect the defendants to try to prove you were at fault.

Discovery Process

During this time, each party will try to collect evidence to help their case. You should expect to provide written answers to interrogatories from the other party. You should also expect to participate in a videotaped deposition where the other party’s attorneys ask you questions about the defective product.

Settlement Negotiations

Throughout the lawsuit, the court will require both parties to participate in settlement negotiations for an out-of-court settlement. If a settlement is reached, the lawsuit is over. If no settlement is reached, the trial proceeds. You should be prepared to talk to your attorney about the money you’ll accept in a settlement.

Trial

At the trial both sides present their cases. You may have to testify.  Be prepared for the other defendants’ attorneys to ask you tough questions. If you lose, you receive nothing. If you win your case, you will receive compensation for your injuries called a jury award.

At the end of the day, an attorney will increase your chances of winning the case. When choosing a lawyer, being prepared for what lies ahead will help you succeed.

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Sharon Smith

Mike Berger and staff were professional, pleasant, strategic and knowledgeable. The office always kept me informed about my case and moved the case along quicker than I expected. I would highly recommend them to anyone !!

Kathryn N.

Thank you from the bottom of my heart. Reliable, honest, driven, knowledgeable, compassionate, and highly respected among colleagues and medical professionals [...] fought for me during times when I wasn’t strong enough to fight for myself. The Andres, Berger & Tran law firm understands Complex Regional Pain Syndrome (CRPS) [...] thank you for your support and guidance over the years.

Mike V.

Mike Berger of Andres, Berger & Tran handled my case over a six year period. He and the team examined every detail to get the best outcome. They were honest, candid and communicative throughout the whole process. It was a long ordeal but could not have been handled more professionally. I highly recommend.

Yadira R.

I just want to say thank you for what you have done for me and my family throughout the years. You made us feel like family, not just clients. You were always very detailed when it came to our cases and tried everything in your power to get us all the help we needed.

Gregory W.

Our family appreciated your unfailing attention to detail. There were last minute snags, we seldom worried that something would fall through the cracks, but you anticipated every contingency. Your firm demonstrated a veracity for the truth, a strong work ethic and overall impeccable character in dealing with our case.

01 / 05

Results may vary depending on your particular facts and legal circumstances.

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