The time frame of each defective product case differs. This is why it’s challenging to say how long it typically takes to resolve a defective product case. It could take a matter of months; however, one to two years is reasonable for resolving defective product lawsuits. A Dallas defective product lawyer can provide a specific time frame based on a case’s details.
One key factor in your case’s timeline is whether your case settles or goes to trial. An attorney can pursue a fair settlement, but they could advise you to green-light a trial if liable parties are unwilling to settle for a fair financial value.
Factors That Can Determine How Long a Defective Product Case Takes
A defective product lawyer will update you about your case as it moves forward. Although it can be difficult to project exactly how long the claims or legal process will take, some factors to consider are:
The Severity of Your Damages
Defective products can cause serious physical injuries and even wrongful death. When significant damage occurs, the affected party (you) may deserve a large financial settlement. This is relevant because:
- Liable parties may be less willing to pay a large settlement than a smaller one.
- A liable party may be willing to take a case to trial to try and avoid paying the sum you deserve.
- Your attorney may need to present an especially strong case to secure a large financial recovery, and this can take time.
The cost of damages generally increases with the severity of injuries. Your Texas personal injury lawyer will value the exact cost of your damages and demand fair compensation from liable parties.
The Parties You Are Seeking Compensation From
The parties who owe you compensation will directly influence your case’s outcome. Whether it is an insurance company or the party directly responsible for the defective product, the liable party’s approach to your case will partly determine how long it takes.
For instance, consider that the manufacturer of a defective product may:
- Have product liability insurance that protects the manufacturer from financial liability
- Have a legal team ready to fight any lawsuits related to their products
- Be determined to pay you as little money as possible
Your attorney can evaluate the actions of those from whom you are seeking compensation, including their willingness (or unwillingness) to handle your claim in good faith.
The Willingness of Liable Parties to Negotiate in Good Faith (or Not)
Regardless of who owes you compensation, how they approach your case will determine how negotiations unfold. Some parties recognize their negligence, so they willingly negotiate a fair settlement. In other cases, liable parties do not issue a fair settlement offer.
The negotiating approach of liable parties will determine how your case unfolds.
Whether Your Case Requires a Trial
If your attorney cannot secure a fair settlement offer from liable parties, going to trial may be necessary, which extends the timeline for defective product cases.
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How Your Attorney Can Seek the Compensation You Deserve
Your attorney’s mission is to obtain all the compensation you need and deserve for compensatory damages related to a defective product. A product liability lawyer from our team will fight for your financial recovery by:
Documenting the Defect(s) in the Product that Harmed You
Your attorney will become an expert in the product that harmed you and:
- Research prior instances where the same product or manufacturer harmed others
- Work with expert witnesses to document the failures of liable parties
- Use evidence of negligence as key pieces of your product liability case
Our law office works with experts who understand the legal obligations of product manufacturers and sellers and the standard of care they must provide. They can offer a professional opinion that supports your damages claim.
Calculating the Value of a Settlement
Obtaining a fair settlement requires a precise calculation of your damages. Our lawyer will consider economic and non-economic harm as they calculate a fair settlement target.
Negotiating With Liable Parties
Your lawyer will negotiate a fair settlement with the liable parties. This process may involve:
- Presenting clear evidence of the defendant’s negligence
- Presenting documentation of your damages, including non-economic damages, such as pain and suffering, loss of enjoyment, impaired quality of life, mental anguish, and emotional distress
- Explaining how they calculated the settlement target
- Insisting that liable parties compensate you fairly
While settling is the most efficient way to resolve your case, your lawyer may need multiple rounds of negotiations to secure a fair offer. This effort is worthwhile if it results in you receiving compensation.
Completing a Trial
If a trial is necessary in your case, your lawyer will:
- File your lawsuit with the proper court and signal their intent to go to trial
- Complete pretrial proceedings, including but not limited to discovery
- Present evidence and witnesses in front of a judge and jury
- Document your damages using medical records, proof of lost income, and other relevant information
- Request that the jury award you the compensation you are entitled to.
This is a big-picture view of your defective product case and does not include many daily responsibilities your lawyer will also handle. Defective product cases can be complicated, so completing your case will require financial resources, time, and substantial effort. You can hire a lawyer to handle this process while you recover.
Call Loncar Lyon Jenkins Today for Your Free Consultation
The Loncar Lyon Jenkins team has represented many clients harmed by defective products. Allow the Strong Arm’s personal injury attorneys to hold the liable parties in your case accountable for exposing you to danger. A defective product attorney from our team will handle your case confidently from start to finish.
Call Loncar Lyon Jenkins today for your free, no-obligation consultation. We will likely to face a statute of limitations deadline for filing your case, per Texas Civil Practice and Remedies Code § 16.003, so don’t wait to speak with our team. We work on a contingency fee basis, so you do not have to pay us up front to lead your case.