How Long does it Take to Settle a Defective Product Injury Case?

It’s hard to estimate how many products we use on a daily basis. These products are in our homes, workplaces, cars – just about anywhere you can think of. We take it for granted that products are safe until the moment we’re injured. Some accidents are due to back luck, but others are a result of negligence by the manufacturer or seller. In such cases, you have the right to sue the manufacturer or seller of the product for monetary compensation. You may be in the middle of one of these lawsuits right now. Alternatively, you’ve been recently injured and looking into the possibility of a lawsuit. Regardless of where you are in the legal process, you are understandably curious about the length of time it takes to settle a defective product injury case.

We will be happy to educate you on this topic, though we can only provide general information based on our many years of experience with product liability lawsuits. Please keep that in mind as you read through the following information. Our lawyers will be happy to review your case and give you a more accurate picture of what you can expect.

Average Length of a Product Liability Accident Case

Many clients come to our office to ask how long it will take to settle their case. We know how important this is when you’re struggling with the aftermath of an accident. That’s why we do our best to settle injury claims within the first six months of the accident date. Of course, this all depends on the insurance company’s cooperation and how fast they respond to our inquiries. We always keep in mind that insurers are dealing with hundreds to thousands of claims at a time, so it could take anywhere from 3-6 weeks to hear back from them. If everything goes well and they make the client a fair offer, a defective product case may be settled in as little as 3-4 months.

Unfortunately, some cases take longer for a variety of reasons. As a general rule, severe injury claims take the longest, since they require the highest amount of compensation. After all, companies are in the business of making money, not losing it. Furthermore, admitting responsibility in a defective product accident can hurt their image and cause profit loss for years to come. To avoid liability, or minimize it at the very least, companies will engage in all kinds of bad faith tactics, which eat up time in any lawsuit.

But even cases with minor injuries may be disputed by the insurance company, who often blame the victim for the accident. Certainly, the victim may have played a part in the accident, but that doesn’t negate the manufacturer’s liability if there was negligence in the manufacturing, marketing, or distribution of the product. Still, overcoming these arguments takes time, and many of the insurance claims we’ve handled have taken 6 months to a year to settle.

If it’s clear that a settlement cannot be negotiated with the insurance company, we will proceed with a lawsuit and prepare to try the case in court. Chances are, you’ll be able to settle your case in mediation before the court date. But mediation dates are normally scheduled months in advance, so it may be a year or more from your accident date by the time you’re in mediation. And don’t forget – that’s after several months to a year of failed negotiations. So it’s best to reserve 2 to 3 years in your mind before your case is resolved, though there’s always a chance of a settlement before then.

To wrap things up, there is no single answer to the question: How long does it take to settle a defective product injury case? Your case timeline will depend on many factors unique to your own accident, and some of these factors are beyond our control. However, the decision to file a lawsuit or agree to a settlement is always up to you. Our job is to advise you of your legal options and the pros and cons of accepting a settlement offer.

If you have any other questions about case timelines for a product injury case, contact our office and speak to a product liability lawsuit attorney.

Compensation from a Product Liability Lawsuit

If you’ve recently been injured or lost your loved one in a defective product accident, you’re probably interested in the types of compensation you can recover from a lawsuit. As a general rule, defective product injury claims include the following damages:

• Medical expenses
• Lost wages
• Pain and suffering
• Property damage
• Legal fees

Another form of compensation you may qualify for is punitive damages, which is an additional award that can only be granted by the court. It’s awarded in cases of gross negligence, and is meant to punish manufacturers and sellers whose conduct was especially outrageous or harmful. You’ll need to speak with an attorney to see if your case meets the standard for punitive damages.

If you are the family member or loved one of someone that died from a defective product, you may be able to sue for wrongful death compensation. A claim for wrongful death can include:

• Medical costs associated with the victim’s accident
• Funeral expenses
• Lost income that the decedent would have earned
• Pain and suffering
• Loss of benefits, like healthcare and pension funds

If you are the spouse or registered domestic partner of the decedent, you may qualify for loss of consortium. This form of non-economic damage compensates you for the loss of love, emotional support, and companionship you shared with your partner. Our attorneys can explain loss of consortium to you in detail, along with any other damages you qualify for.

Proving Liability in a Defective Product Lawsuit

In order to file a product liability lawsuit, you must show:

• You were injured by the product while you were using it.
• You were using the product in a relatively safe or reasonable manner.
• The defect in the product was present before you began using it.

That second point is particularly important. For example, if you were using a bike for dangerous stunts, like riding down a banister, the manufacturer would not be responsible for your accident. However, if the foot pedal broke off while you were riding the bike normally, you may have grounds to file a claim for damages.

Now, let’s talk about the last point, which refers to the product’s defect. As mentioned, the defect must be present prior to you acquiring the product. This way, the design flaw, contamination, etc., can be traced back to the manufacturer / distributor and not blamed on you for improper usage.

Once you have proven these factors, you will need to decide who is liable, or responsible, for the harm that you’ve suffered. The responsible party is often the manufacturer, but it could also be the distributer or wholesaler, depending on how the product was made and sold. To find out who is liable for your injuries, you will need to determine the type of product defect that caused your accident.

Product Defects that can Lead to a Lawsuit

Product defects that allow you to sue for compensation generally fall into one of three categories:

• Design defects

These are problems that make the product unreasonably dangerous. Manufacturers are liable for accidents if they should have known about the potential for injury based on the product’s design. Additionally, they may be liable if a superior / safer design could have been used.

• Manufacturer defect

These issues normally occur at factories during the assembly of the product. Under the laws of strict liability, manufacturers cannot avoid responsibility by saying they were unaware of what was going on in the factory.

• Marketing defect / failure to warn

Manufacturers must warn the public of certain risks associated with their products. These precautions include clearly visible warning symbols and instructions that promote safe usage of the product.

These categories can be broken down into various causes of product defects, like inadequate product testing, improper maintenance of manufacturing facilities, and unclear instructions for assembly / usage. Finding the exact cause of your defective product injury is essential to suing the right party and recovering the full compensation you are entitled to. The attorneys of Normandie have the knowledge and experience to guide you in this area.

Our Recent Verdicts and Settlements

How much is a Product Liability Injury Case Worth?

Settlement amounts for product liability cases can range anywhere from $50,000 to $1 million or more. Your case may be worth less if you have relatively minor injuries that result in minimal losses. However, many of the clients we’ve represented recovered $100,000 or more, considering the long term effects to their health and earning potential. Here are some examples of product injury settlements:

• $250,000 for the family of a girl who was injured while she was using a trampoline. As the girl landed after a backflip, the trampoline collapsed, resulting in a spine injury that required surgery.
• $1.2 million for a man who hurt himself when the pedal on his bike broke off. He suffered various injuries and eventually needed a total hip replacement due to necrosis in that area. The case value was based on his lost wages, pain and suffering, and medical costs, which were around $300,000.
• $650,000 was recovered for a woman who was electrocuted by a space heater. The manufacturer tried to blame the electrical wiring in the client’s home, which did not meet the standards for a space heater. But these standards should have been listed in the user’s guide, which was a point the manufacturer was not willing to argue in court.
• $6.3 million was awarded by a jury to a construction worker. The man was injured while working on a crane with defective parts, and was paralyzed from the waist down.

Keep in mind that these are examples and should not be used to determine your own case value. That can only be done by an attorney who is experienced with product injury cases. To learn more about what you can recover as a product injury victim, schedule a free consultation with one of our attorneys.

Why is my Lawyer taking so Long on my Case?

Most clients who come to us with this question are fully aware that injury lawsuits take a long time. But after so many months of little or no progress, you start to wonder:

• Is it normal that my lawyer takes a week or more to return my calls?
• My lawyer keeps asking the court for extensions. Is there a good reason why?
• I feel like my case is going nowhere. Should I look for another attorney?

There may be legitimate reasons for why your case is taking so long. We know from experience that manufacturers are incredibly stubborn when it comes to admitting liability. Their insurance companies are experts in holding up the claims process, and while we have methods for overcoming these games, doing so can take weeks, maybe even months. So it’s possible that your lawyer is doing everything they can to settle your case.

But we’ve also come across cases with red flags that indicate an attorney’s lack of experience. It could also be the case that your law firm is overloaded with cases, or they’re prioritizing lawsuits with higher values over yours. All these are serious concerns that can negatively impact your injury claim.

If you have any concerns about the way your case is being handled, please schedule a second opinion consultation with one of our lawyers. California law allows claimants to change lawyers in the middle of a lawsuit, but it may not be in your best interest to do so. Our lawyers can explain the pros and cons of switching lawyers, which depends on where you are in your case. And if you decide to transfer your case to our firm, we’ll take care of the details like notifying the court and your current law firm.

Don’t wait to learn about your legal options if you’re having problems with your lawyer. Contact our office and schedule your free second opinion today.

How Normandie Can Help

While this is a lot of information, there’s a good chance you have more questions on your mind than answer. Many victims feel the same way, because frankly, product injury cases are incredibly complicated. That’s why we offer free consultations, so that you can be advised of your legal rights based on the circumstances of your accident. If you decide to file an injury claim, we will be there every step of the way to ensure that you are fairly compensated by the responsible parties.

All our services are free until your case is settled, even if that means going to court. Under our Zero fee guarantee, “we don’t get paid unless you do,” so there is no upfront cost to you at any point in your lawsuit. We are happy to extend our Zero fee guarantee to those with active injury claims. If you’re unhappy with your lawyer, come in for a free second opinion and see what the lawyers of Normandie can do for you.

Our attorneys look forward to meeting you. Please take the opportunity to contact us and schedule a free consultation.