How Do They Calculate Settlements in a Defective Product Lawsuit?

"No settlement. We'll go to court and let the jury decide." Any suspenseful courtroom TV episode begins along these lines. We are on the edge of our seats drinking in brilliant opening and closing arguments, witnesses' testimonies, and juries awarding obscene sums to the victims or hammering down "guilty" verdicts.

However, whoever filed a claim in a personal injury lawsuit knows that reality is very far across the street from the movies. So if you suffered an injury because of a defective product, you could sue. And we are not talking about developing cancer from talc powder, dying in your car because of faulty gas tanks, or getting sick because your silicone implants exploded.

So let's see what to expect when you're expecting a settlement in a defective product lawsuit!

What Can You Sue for in a Defective Product Lawsuit?

If you use a product for its intended purposes and its defects lead to an injury, you can sue. Defective product lawsuits can include anything from the smallest household items to cars and airplanes. They follow states' laws and require you, the plaintiff, to make a good case for yourself.

According to Bader Scott, personal injury lawyer, one of the biggest issues with defective product lawsuits is identifying who is to blame for your injury. Another problem to tackle with the help of a lawyer is proving what went wrong and how it went wrong. Aren't you at least partially at fault? Did you read the instructions well?

So let's put the cards on the table before you sit down (in silence) and let your lawyer do the talking during the negotiations with the faulty party's legal team!

You may have grounds for a defective product lawsuit under three circumstances:

Speaking of responsibility, for a case to hold its ground during a settlement meeting or a trial, you need to prove the following:

If you did everything by the book and yet suffered an injury using a product, your lawyer will discuss the legal proceedings implied by such a case. Your attorney will help you collect and put together all evidence that links the defective product to your current personal injury. For example, if you lost wages, paid medical bills, underwent some treatments/therapy, or are now disabled, your law firm will most likely put a case for you. They can sue the product's manufacturer, the company making a component/ingredient, the assembly/installation company, a wholesaler, a marketing agency/advertiser, a retailer, or all of them.

But when it comes to settlements, you need to know some things to preserve a reality-based expectation level.

So How Do They Calculate Settlements in Defective Product Cases?

As we said, defective product lawsuits can be about any product and any injury it can cause you. In other words, you may get hefty sums for a transvaginal mesh snafu and a lot (lot) less for a hot coffee burn. Unless you sue Mcdonalds', but that's another issue.

If you think it is simple math, you could not be farther from the truth. Most settlements rely to some extent on the winning chances of each party in front of a jury. The amount you can get via a settlement hinges on multiple factors:

The amount depends on the extent of your damages and their nature. Here are what the legal system usually factors in:

As it usually happens, if there is a precedent (the product caused injuries to other people), your lawyer will use those trial results, and settlement amounts to fight for your cause. On the other hand, if a product causes injuries to more people (e.g. the present Zantac lawsuits), your lawyer might suggest you join a class action lawsuit and demand, together with the other plaintiffs, jaw-dropping compensation.

Bottom Line

Defective product lawsuits and settlements are commonplace in our consumerist society. As long as you can prove you were the victim of something that went wrong along the way, a specialized attorney will help you get the settlement you deserve.