Evaluating a Products Liability Case

The process of case evaluation and formulation of trial strategy and tactics is ongoing throughout the life of a product liability lawsuit. An attorney will spend a great deal of time assessing the significance of evidence obtained during the course of discovery . There are a multitude of factors which counsel must analyze and consider when providing the client with the final comprehensive evaluation and assessment of the case in advance of trial. There are numerous factors which can impact the evaluation of the potential jury verdict exposure including plaintiff's contributory fault, the sole proximate cause defense, and admitting liability and defending the case on damages only.

Did You Suffer Actual Damages?

A crucial aspect of evaluating a products liability claim is determining what types and amounts of damages you have suffered, if any. It's important to estimate your damages in advance. If you have only minor injuries or minimal financial losses, it may not make sense to spend the time and energy to pursue your claim. Also, attorneys may be less inclined to represent you because it needs to make business sense for them to do so.

Federal Laws and Product Liability

For the most part, product liability law is governed by state law. Occasionally, the federal government will move to preempt an entire area of product liability law from state control in order to protect a certain group of manufacturers. There are specific federal statutes that address certain industries and product categories. For instance, automobile manufacturers must comply with a whole slew of safety regulations that include crash test ratings, the use of seat belts, and other specifications required for legal sales. When companies fail to comply with the regulations required for their industry or product, they face serious liability for any injuries resulting from the lapse.

How an Attorney Specializing in Dangerous and Defective Product Injuries Can Help You

After any situation involving a dangerous or defective product, you should speak with an experienced attorney who will evaluate your case to ensure that your legal rights are fully assessed and protected. An attorney can explain what you can expect at every step of your personal injury case, and will take action on your behalf -- researching the law, interviewing witnesses, collecting records, conferring with expert consultants, planning legal strategy, and negotiating with insurers and opposing counsel -- all with an eye toward strengthening your position and ensuring your fair recovery.