What to Expect During a Product Liability Lawsuit
- Burnside Brankamp Law
- 2 days ago
- 9 min read
Key Points
Learn each stage of a product liability case
Understand your role and your attorney’s role
Know what evidence matters and why it matters
See how settlements and trials usually work
What You’ll Learn in This Guide
If you’re thinking about a product liability lawsuit, you’re probably wondering what you’re actually signing up for.
This guide walks you step-by-step through the typical process; from that very first call with an attorney all the way through settlement or trial.
You’ll see what happens behind the scenes and what you’ll personally be asked to do.
You’ll also get straight answers to common fears: “Will I have to go to court?”, “How long will this take?”, and “What if I can’t afford a lawyer?”
By the end, you should feel less in the dark, more in control, and better prepared to decide whether to move forward.
Who This Guide Is For (And How It Helps You)
This guide is for you if you were hurt by a defective product; maybe a medical device, a car part, a household tool, or a medication, and you’re unsure what happens next.
You might be thinking, “Do I really have a case?” or “Will this just create more stress than it’s worth?” Those are completely normal questions.
Our goal is not to pressure you into filing a lawsuit.
It’s to explain, in plain language, what a product liability case usually involves, what you can expect from your attorney, and what they’ll expect from you.
With clear expectations, you can make decisions based on facts instead of fear or guesswork.
What Is a Product Liability Lawsuit, Exactly?
A product liability lawsuit is a legal claim against the companies responsible for making, designing, or selling a product that turned out to be unreasonably dangerous.
In simple terms, it means you’re saying, “This product was defective, I was hurt because of it, and the people who put it on the market should be held accountable.”
The defendants can include manufacturers, distributors, and sometimes retailers.
There are generally three main types of defects.
A design defect means the product was dangerous from the drawing board, before it was ever made.
A manufacturing defect means something went wrong while the product was being made or assembled.
A warning or labeling defect means the product didn’t include proper instructions or warnings about risks, causing you to use it in a way the company should have anticipated.
Common Reasons People File Product Liability Claims
Product liability claims can come from many different products.
Examples include car parts that fail and cause crashes, medical devices that break or migrate inside the body, prescription or over-the-counter drugs with undisclosed side effects, or everyday household products that explode, catch fire, or break in dangerous ways.
Sometimes it’s a single item; other times, it’s a problem affecting many people.
People file these claims for three main reasons: safety, accountability, and compensation.
They want to prevent others from being hurt the same way.
They want the company to take responsibility instead of shrugging it off as “user error.” And they want fair compensation for medical bills, lost income, pain, and the disruption the defect has caused in their lives.
Step 1: Your Initial Consultation With a Defective Products Attorney
Your first real step is usually an initial consultation with a defective products attorney.
During this meeting, you’ll explain what happened, what product you used, how it failed, and what injuries you suffered.
You may be asked about where and when you bought the product, how you used it, and what doctors have said about your condition.
You don’t need to have every detail figured out to make this call.
But it helps to bring or have access to things like the product (if you still have it), packaging or instructions, medical records, photos, and any emails or paperwork from the manufacturer or seller.
You can also ask the attorney about their experience, the strengths and weaknesses of your case, and what they think the next steps should be.
Step 2: Investigation and Case Evaluation
After that first meeting, if the attorney agrees to look into your claim further, they’ll begin investigating.
This can include researching the product’s history, checking for recalls or prior complaints, reviewing scientific or technical information, and looking into whether other people have reported similar problems.
They may consult with engineers, medical experts, or safety specialists to help understand what went wrong.
Based on this investigation, your attorney will evaluate whether you have a strong case and who should be held responsible.
That might include the manufacturer, designer, distributor, retailer, or even multiple companies in the supply chain.
This stage helps avoid filing weak or poorly supported claims and gives you a more realistic sense of what to expect.
Step 3: Preserving and Examining the Product
One of the most important things you can do in a product liability case is to keep the actual product.
Don’t throw it away, return it, repair it, or alter it if you can avoid it.
The product itself is often the key piece of evidence; a physical example of what went wrong and how it caused your injury.
Your attorney may arrange for the product to be carefully stored and examined by experts.
They might test it, compare it to other units, or analyze how it was made and whether it matches the design specifications.
Their findings can become powerful evidence that the product was defective and directly responsible for what happened to you.
Step 4: Filing the Lawsuit and Naming Defendants
Once your attorney believes there’s enough evidence to move forward, they’ll file a document called a “complaint” in court.
This officially starts the lawsuit. The complaint describes what the product is, how it was defective, how you were injured, and what compensation you’re seeking.
It also names the defendants; the companies or entities you’re bringing the claim against.
In product liability cases, there can be multiple defendants.
For example, you might sue the manufacturer, the company that designed a specific part, and the retailer who sold it to you.
The complaint is then served on these parties, who will each respond, often denying responsibility.
Don’t be surprised or discouraged by strong denials, that’s a normal part of the process.
Step 5: The Discovery Process (Information Exchange)
After the lawsuit is filed, the case usually enters a phase called “discovery.” This is when both sides exchange information and evidence.
You may receive written questions (called interrogatories), requests for documents, and possibly requests for you to undergo an independent medical exam.
Your attorney will help you respond and make sure your rights are protected.
One major part of discovery is depositions, where you and other witnesses answer questions under oath, usually in a conference room rather than a courtroom.
The defense lawyers may ask you about your background, the product, your injury, and how it has affected your life.
Step 6: Settlement Talks, Negotiation, and Mediation
As more information is gathered, both sides get a clearer picture of the strengths and weaknesses of the case.
This often leads to settlement discussions, where your attorney and the defendants’ lawyers talk about whether the case can be resolved without a trial.
Settlement doesn’t mean you “lost”, it simply means you’ve reached an agreed-upon amount of compensation in exchange for ending the lawsuit.
Sometimes, these talks happen informally. Other times, the court may order or the parties may agree to mediation, where a neutral third party (the mediator) helps both sides try to find common ground.
Your role in mediation is usually to attend, listen, and make decisions with the help of your attorney, not to argue legal points yourself.
Step 7: Going to Trial (If Your Case Doesn’t Settle)
If the case doesn’t settle, it may go to trial.
A trial starts with choosing a jury (in most civil cases), followed by opening statements from both sides.
Then each side calls witnesses, including you, medical professionals, and expert witnesses, and presents documents, photos, and other evidence.
After closing arguments, the jury (or sometimes the judge) decides whether the defendants are liable and, if so, how much compensation you should receive.
For you, trial usually means being present in the courtroom most days and likely testifying about what happened and how your life has been affected.
This can be stressful, but your attorney will prepare you beforehand and guide you through each step.
While trials can feel intimidating, remember that they are simply structured ways for both sides to share their evidence and stories.
How Long a Product Liability Lawsuit Can Take
Product liability cases can take time, often longer than people expect.
Some may resolve within a year, but many take longer, especially if they involve serious injuries, complex scientific issues, or multiple defendants.
The timeline can be affected by how crowded the court’s schedule is, how much evidence needs to be collected, and how hard the defendants fight the case.
It’s natural to want fast results, especially when you’re dealing with medical bills and stress.
But rushing can sometimes mean accepting a settlement before you fully understand the long-term impact of your injuries.
A good attorney will balance moving your case forward with making sure you don’t settle before you know what you really need.
What Evidence Matters Most in Product Liability Cases
Several types of evidence are particularly important in product cases.
The product itself is often number one, along with any packaging, instructions, and warning labels.
Your medical records show the nature and extent of your injuries, while photos, videos, and witness statements can help tell the story of what happened and how the product failed.
Expert witnesses also play a big role.
Engineers or product safety experts can explain how and why the product was defective.
Medical experts can link your injuries to the product and describe your long-term prognosis.
Economic experts might help calculate your lost income and future financial losses.
Together, this evidence helps connect the dots between the defect, your injury, and the harm you’ve suffered.
Your Role as the Plaintiff: What You’ll Need to Do
You won’t be expected to run your own lawsuit, that’s your attorney’s job.
But you will have an important role. You’ll need to be honest and open with your lawyer, respond to questions and document requests, keep track of your medical treatment, and let your attorney know about any changes in your condition or work status.
Staying organized and responsive helps your attorney build a stronger case.
You may also need to attend medical exams, give a deposition, and, if the case goes to trial, testify in court.
These steps can feel uncomfortable, but your lawyer will prepare you so you know what to expect.
Your main job is to tell the truth, follow medical advice, and keep communication lines open.
The legal strategy, arguments, and filings are handled for you.
How Attorneys Get Paid in Product Liability Cases
Most product liability attorneys work on a contingency fee basis.
That means they don’t charge you upfront and don’t bill you by the hour.
Instead, they receive a percentage of whatever money they recover for you, whether through settlement or trial. If there’s no recovery, they generally don’t charge an attorney’s fee.
In addition to fees, there are case costs such as things like filing fees, expert witness fees, and the cost of gathering records.
Different law firms handle these costs in different ways.
Some pay them as the case goes and are reimbursed from any settlement; others may handle it differently.
It’s important to ask during your consultation how fees and costs work so you understand the arrangement clearly.
Potential Outcomes: Settlement, Verdict, or No Recovery
There are three basic outcomes in a product liability case.
The first, and most common, is settlement which is an agreement where the defendants pay you a negotiated amount and the case ends without a trial.
Settlements can happen early or late in the process, even during trial. They provide certainty and avoid the risk of a jury decision.
The second outcome is a verdict after trial, where the jury (or judge) decides whether the defendants are responsible and, if so, how much to award you.
The third possibility is no recovery, either because the jury finds in favor of the defendants or the case cannot be proven strongly enough.
Under a contingency fee system, if there’s no recovery, you typically don’t owe an attorney’s fee, but be sure you understand how your specific agreement handles case costs.
Common Fears and Questions (And Straight Answers)
Many people considering a product liability lawsuit share similar fears.
“Will I have to face the company’s lawyers in a room?” “Will this affect my job or ability to buy from that company again?”
In most cases, your interactions are handled through your attorney.
While you may need to attend depositions or court, you won’t be negotiating one-on-one with corporate lawyers by yourself.
Another common question is, “What if other people were hurt by the same product?”
Sometimes, your case may be linked to others in similar situations, such as in a class action or multidistrict litigation.
Other times, your case remains individual. Your attorney can explain whether your situation is part of a larger pattern and what that means for your case.
When to Talk to a Defective Products Attorney About Your Case
If you suspect a defective product caused your injury, it’s a good idea to talk to an attorney sooner rather than later.
There are legal deadlines, called statutes of limitations, that limit how long you have to file a claim.
Waiting too long can mean losing your right to seek compensation altogether, even if your case is otherwise strong.
You don’t have to be 100% sure you want to file a lawsuit to talk to a lawyer.
A free, no-pressure consultation can help you understand whether you have a viable claim, what the process might look like, and what your options are.
From there, you can decide, based on clear information, whether moving forward feels right for you.
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