Negotiating Settlements in Products Liability Cases

Although all products that are sold to consumers are required to be safe for their intended purpose, many products are dangerously defective and cause significant injuries. It is not uncommon for people injured by a harmful product to file a civil lawsuit in the hopes of recovering damages for their harm. Due to the costs and risks of litigation, however, most cases settle prior to reaching trial. Therefore, it is wise for anyone who sustained injuries due to a dangerous product to contact legal counsel to discuss their options. If you sustained injuries due to a dangerous product, the diligent Cape Cod products liability lawyers of the Law Offices of John C. Manoog, III can gather the evidence needed to present compelling arguments and negotiate settlement terms on your behalf. Our experience in representing injured parties has enabled us to recoup numerous multimillion-dollar settlements and verdicts for our clients.

In any civil lawsuit, in order to obtain a favorable settlement, the injured party must aim to present strong evidence that the defendant is liable. In product liability lawsuits, there are often multiple defendants, as plaintiffs may seek damages not only from the entities that designed or manufactured the product, but also those that marketed or distributed the product. Generally, in cases involving more than one defendant, one defendant will bear a greater portion of the liability. In such cases, however, the other defendants may be driven to settle to avoid expending the costs of litigation.

Regardless of whether there are one or multiple defendants, a plaintiff seeking to settle a case must present strong evidence of liability. Under Massachusetts law, a plaintiff injured by a defective product can allege that a defendant’s negligent design or manufacturing of a product rendered the product unreasonably dangerous, and ultimately caused the plaintiff’s harm. A plaintiff may also allege that the defendant is liable for the failure to warn of the dangers associated with using the product, or for breach of warranty.

To present a strong argument that a defendant should be liable, a plaintiff will most likely have to engage an expert to offer opinions regarding the defective nature of the product, steps the defendant could have taken to eliminate or mitigate the dangers, and the manner in which the dangerous defect harmed the plaintiff. In many cases, if the plaintiff has a strong expert report, it will compel the defendant to offer to settle the plaintiff's claims, rather than to risk an adverse verdict at trial. A skilled products liability attorney can help you locate and work with experts qualified to help you with your case.

A plaintiff seeking to negotiate a settlement in a product liability case must not only present effective arguments that the defendant is responsible for creating or distributing the product that caused the plaintiff’s harm, but must also provide a thorough and accurate assessment of his or her damages. A person injured by a defective product may have to undergo significant medical treatment, including surgery, hospitalization, and therapy. Thus, the plaintiff must gather evidence regarding the costs of any past treatment, as well as treatment that may be needed in the future. Generally, expert testimony will also be needed to define the extent and permanency of the plaintiff’s harm, as well as what treatment the plaintiff will reasonably need going forward.

Additionally, many people injured by defective products are unable to work due to their injuries. Thus, they must also present evidence showing the amount of wages they have lost due to their harm. If a person is permanently unable to work, he or she will most likely benefit from retaining an economics expert to prove the full value of his or her lost wages. In addition to economic harm, plaintiffs can negotiate for compensation for the pain and suffering caused by the injury. When a plaintiff has thorough and detailed damages calculations, it can provide strong evidence in favor of negotiating a settlement.

Even in cases where there is persuasive evidence that a defendant’s defective product caused a plaintiff's injuries, it may be more beneficial for the plaintiff to negotiate a settlement than to proceed to trial. If you were injured by a defectively designed, manufactured, or marketed product, you can speak with an attorney regarding what redress may be available for your harm. At the Law Offices of John C. Manoog, III, we are proficient in negotiating settlements in product liability cases, and we will work tirelessly to help you assert your legal rights. Our effective representation has allowed us to maintain a record of successful results, with many settlements and verdicts in excess of one million dollars. We assist parties in lawsuits in Cape Cod, and are available to meet for consultations in Hyannis and Plymouth. You can contact us at 888-262-6664 or via our firm online to schedule a meeting. Nós Falamos Português.