Facts About A Product Liability Lawsuit
Mar 16, 2010
Every so often, you will hear news stories alerting you to a defective product on the market. Often such products are subject to recall and are pulled off the store shelves. These can also result in a number of consumer complaints regarding the product and sometimes the complaint will stem from a serious injury that has resulted from the defective product.
People who are injured by a defective product, either a design defect or a manufacturer’s defect, can sue the maker of that product using something called a product liability lawsuit. This type of lawsuit alleges that the manufacturer knew or should have known that a product was capable of injuring people. It may also allege that certain procedures were in place at the factory that led to the unsafe product. In any of these cases, though, you would not be suing an actual individual employee, even if their error was responsible. Instead, you would be suing the company that makes the product.
If your injury comes from a product defect that is in the news, as discussed above, it might not be too difficult to find a personal injury attorney who is willing to take on your case. In some instances, if there are a lot of people injured in the same way by the same product, there may be something that is called a class action lawsuit. This means that a whole group of aggrieved people sues the company, rather than just you. You should look into whether there is a class action lawsuit already filed and decide whether you want to be a part of it or opt out and just sue the company on your own.
Your attorney will discuss with you the kind of damages that you can receive from your lawsuit. It will depend primarily on the severity of your injury and how serious the defect in the product was. If it is obvious that the company knew that there was a problem with the product, yet continued to sell it, they are likely going to be on the hook for even more money. Courts will award money for negligence, like a mistake or accident, but are even more prone to distribute significant monies in cases where a company’s actions were willfully or intentionally unlawful.
Even if you have a good product liability case, you may not be seeing any of that money anytime soon. Companies, especially large established ones, have lots of powerful, well-paid attorneys, who will do everything they can to drag out the process in hopes that you will settle for a lesser amount due to your desperate financial situation.
There is, however, one way you can outsmart them. You could consult with a company that deals in lawsuit funding. This process involves you signing an agreement with them in which they may give you money now, in anticipation of the lawsuit award you will be receiving down the road. Then, once the manufacturer who harmed you finally pays you what you are due, you can pay back the lawsuit advance. Visit www.lawcapital.com for more information.