If I Do Not Have Much Money, Can I Still Pursue A Product Defect Case? Product liability lawsuits can be very expensive to bring and move forward. However, most product defect cases are handled by attorneys on a contingency fee basis. This means that your attorney will only recover if the case is successful and his fee will consist of a portion of the award or settlement. You do not pay the attorney on an hourly basis, and depending on your state's laws, the attorney may even advance the expenses of a lawsuit, including the costs of expert witnesses. Will An Attorney Always Allow Me To Pay On A Contingency Fee Basis?Not likely. Some states and some attorneys require that a claimant pay the costs associated with pursuing a lawsuit, either up front or as incurred. While you may not have to pay the attorney a fee if there is no recovery, you may be responsible for costs (including expert witness testimony) if you lose your case. What Kinds of Damages are Recoverable in a Product Defect Case?If you have a successful case, you may be entitled to the following: - Compensatory damages: These include your medical bills incurred as a result of the product defect, reimbursement for any time lost from work, and property damaged as a result of the defective product.
- Pain and suffering: Damages for pain and suffering you experienced as a result of your injury.
- General damages over and above those already listed.
- Loss of consortium: If you are married and the injury has affected the relationship with your spouse, you may be entitled to loss of consortium damages. Spouses of the injured party may also be able to recover these damages, even if they are not directly injured by the product.
- Punitive Damages: If the conduct of the party who created the defective product was "egregious" (so awful that the courts want to deter him and others from ever doing anything like that again), you may be entitled to punitive damages to punish him. Punitive damages are not available in every case, and the proof requirements are usually stricter than the other damages listed. In addition, many jurisdictions are limiting or restricting the ability to recover punitive damages.
What Should I Do If I Don¿t Have Much Money Yet Still Wish To Pursue A Product Defect Case?Your best option is discuss your responsibility to pay fees with a personal injury attorney before officially hiring one for your case. Although product defect cases can be expensive to pursue, you will likely be heavily compensated if you win. If you know that you do not have enough money to pursue such a case, you should request to pay your attorney on a contingency fee basis. |
