What is the average settlement for a product liability case? Product liability settlements vary significantly in value depending on the losses involved, the parties at fault, and the victim’s ability to prove their case.
There is no easy way to place a value on this figure. It is more complex than other forms of personal liability because many reported average and median figures focus on mass-tort recoveries, which are split among multiple parties. Speak with a Charlotte product liability lawyer today.
Cause of the Accident
In some situations, you may receive a higher settlement in a product liability case if you can demonstrate the severity of the manufacturer’s or retailer’s actions. The more substantial your evidence demonstrating how well the company could have avoided the outcome, the more likely you are to recover significant damages.
For example, you may be able to show that a manufacturer had evidence of the risks posed by its products and failed to act on it. The incident was less of an oversight and more of a risk they were willing to take on your behalf.
In situations where the manufacturer failed to communicate risks it knew existed, or should have known existed, it may be possible to seek more substantial damages than if the outcome was likely unknown. This often means significant research is conducted to understand the manufacturer’s level of knowledge prior to the product’s release or sale. Talk to a Charlotte personal injury lawyer today.
Speak with a Charlotte car accident lawyer and get a free consultation today.
Call (980) 294-4931Severity of the Injury
One of the most important factors in determining the value of a product liability case is the type and severity of the injury. Injuries from product liability accidents, such as product failures and malfunctions, can range widely from severe to minor. Severe accidents typically require more extensive medical care and support, increasing costs. Examples of severe injuries include the following:
- Head injuries, including those resulting in severe concussions, contusions, and damage to brain tissue
- Spinal damage, including damage that results in partial or complete paralysis, chronic nerve pain, or debilitating damage to vertebrae or spinal discs
- Amputations due to the complexity of injuries
- Internal organ damage resulting from blunt force trauma or disease-related spread
- Burns from thermal, electrical, or chemical exposure cause lasting nerve damage and disfigurement
- Disease development or worsening due to toxic exposures
In these and other serious injuries, a person’s losses are likely to require hospitalization, long-term recovery, rehabilitation, and future medical needs. These factors increase the value of your claim.
Permanence of Injuries
Compensation claims increase when a person is unlikely to heal fully and continues to experience limitations or impacts on their health or well-being. Examples might include:
- Paralysis or other loss of mobility
- Cognitive function declines due to injuries
- Amputations limiting mobility
- Significant disfigurement
- Debilitating mental health and behavioral changes
- Loss of vision
- Loss of hearing
In each of these cases, no facet of your life is the same. You may be unable to work or engage in activities you enjoy. You may have changes to relationships or overall wellness. Some people face the reality of a shortened life expectancy.
Previous Recalls and Clarity on Liability
A product with previous recalls clearly indicates the manufacturer knew of the risk. They may have failed to take expected steps to minimize further risks. They may have ignored warnings. While these claims may seem obvious to you, especially if you trusted the retailer or manufacturer before the incident, the law requires you to prove this level of liability. How clearly you can prove liability may be dependent on:
- The specific type of evidence available to demonstrate fault
- Omissions previously noted
- Warnings and claims from others prior to your injury
- Demonstrated evidence of minimizing claims or failing to act on them
- Witness and expert statements demonstrating fault and knowledge
You can expect your product liability attorney to work closely with you to gather as much evidence from as many sources as possible to demonstrate what occurred. Your attorney’s network of resources can help you show these losses and provide a way to gather data you may not otherwise have access to. The more clearly you can prove liability, the better.
Whether It Is a Mass Tort Claim, Multidistrict Litigation, or Class Action
Some of the largest product liability claim settlements involve more than one person. In these situations, you may not be the only person facing the same issues, which can result in more than one party seeking compensation for those losses. However, different types of cases are evident, and they can play a role in the outcome of your settlement.
Mass tort claims are separate individual lawsuits. They are individually grouped together during the pretrial process mainly to consolidate discovery and efficiency. They are evaluated and split into individual cases for settlement evaluations.
These are collections of lawsuits, and as a result, the legal system will split and manage them in various ways. In multidistrict litigation (MDL), the court consolidates cases, and each party receives a settlement based on its individual lawsuit. Payouts depend on factors like loss of income or medical costs.
In a class action lawsuit, the total sum is divided evenly among those who participate in the claim. In these situations, each person is likely to receive substantially less because the total settlement value is split.
Determining Your Rights in a Product Liability Case
At Shane Smith Law, we believe in providing our clients with exceptional legal insight into their cases. When you are unsure of your rights or believe you have a claim, do not trust the insurance company to treat you fairly.
Instead, let our legal team go to work for you. Request a free consultation to discuss your rights and the average settlement for a product liability case.
