Hazardous or defective products maim or kill millions of people each year. Victims have the right to compensation for their pain, suffering, and income loss caused by defective products. Getting the compensation you are due is the easiest way to get your life back again.
However, before filing a defective product lawsuit, consult with an experienced attorney to know how long a defective product lawsuit will take to settle.
Types of Defective Product Lawsuits
Most product lawsuits fall under one of the following categories:
- Manufacturing defect: The defect happens during the manufacturing process, like a drug getting contaminated while at the factory.
- Failure to warn: This occurs when distributors or manufacturers fail to give proper instructions, warnings, and info on side effects if a drug has any.
- Design defect: This fault result from the product’s design, which means even if the product was made and appropriately labeled, it still ends up injuring or killing someone.
A manufacturing company can still face a lawsuit in some states if a person is injured when using a product ineffectively. Failure to warn a consumer of a particular product’s dangers will hold you liable for the injuries obtained.
Who is Held Liable in a Defective Product Lawsuit?
In defective product lawsuits, the manufacturing company, sales representatives, and the entire supply chain can be held liable. However, an attorney will help you determine the essential standards of filing a claim and who to be held liable. E-commerce giants like Amazon.com might try to find legal loopholes to dodge liability even though more and more courts are ruling against them.
How Long Will It Take to Settle a Defective Product Lawsuit?
The time taken to settle this type of claim varies greatly depending on several factors. For instance, if your injuries are severe, like permanent disability, it will take a long time to settle because of the difficulty in determining the type of compensation to cover for future medical and care expenses. It is much easier to settle claims with a fully recovered person from a defective product injury.
Proving that a product was harmful needs thorough investigation. The law firms handling such cases must provide enough evidence of the unseen dangers in a defective product that consumers could not foresee.
While it can be stressful to determine how long your claims will take to settle, an experienced product liability attorney can help you get the necessary compensation and tap product liability legal funding here if you can no longer pay the legal fees.
An attorney can also get to the bottom of your case lightning fast as no product manufacturer wants a lawsuit to drag on for years. A quick settlement offer will be likely in the books.
But since big name law firms handle other types of cases all the time, processing a defective product lawsuit may take a few weeks. The proceedings start after a few months or a year of legal events. Though this is a long time to wait, many plaintiffs wait patiently to settle their claims.
Steps to Settling a Defective Product Lawsuit
1. Investigation
It is the first phase of settling your claim. Your attorney will gather your medical records and police reports, interview relevant witnesses and experts to help build a solid case.
2. Determine Demand Package
Once you recover, your lawyer might determine and put together a demand package. It includes details of your specific claims and a proposed compensation to cater to your accrued medical expenses, pain, and lost wages.
3. Negotiation
After delivering the demand package, some companies might offer a lower amount or deny the claims. This causes a back-and-forth procedure to determine the right offers which both parties can accept.
4. Arbitration
Arbitration is one of the best options to try before going to a civil trial. It is the most efficient and low-cost alternative to a court trial to settle an injury claim.
5. Civil Lawsuit
After going through the above phases and no agreement is reached, your attorney will likely go ahead and file a defective product lawsuit on your behalf and ensure you get fair compensation.
Conclusion
Settling a defective product lawsuit takes time. Your attorney needs to gather enough evidence to boost your claim; the manufacturing company also has to come to terms with your demanding package for you to receive your compensation. If you are not sure of the type of settlement to cover your injuries, talk to an attorney.
As a journalist, Leland D. Bengtson dedicated most of his career to law reporting. He aims to draw in the public and make people more interested in the field. He is active on multiple platforms to increase his outreach to the public. Leland tirelessly covers all types of legal issues, but he has a personal preference for medical malpractice. This is mainly because he witnessed the implications of medical malpractice on a family member.