Rardon and Associates Legal Blog

Product liability cases are not typical. Each has its own unique characteristics, and its own set of complexities. These cases can be difficult to prove – was the injury caused by a product defect – or misuse of the product?

Product liability cases can take 18 - 22 months to resolve, and some can go on far longer. There are bound to be detailed investigations by experts from both sides of the case, which can extend the timeline.

If you are worried about attorney fees for your case, note that you are responsible only for those fees if we prosecute in your favor. You will pay a percentage of your settlement, and that percentage will be disclosed to you prior to an attorney taking your case.

• Preserve the defective product. It will be critical evidence in your case.
• Seek medical attention immediately.
• Contact an attorney to ensure that an investigation by qualified experts begins immediately.

Once the injury has occurred, the clock begins to tick. You have a limited time to file a product liability claim. In general, product liability claims are filed when a product has a design flaw or when a manufacturer has not provided adequate instructions or warnings for use of the product. In cases where the same product has caused injuries to several people, a class action lawsuit may occur. An example of that would be the Firestone or Ford Explorer cases from a few years ago.

Punitive damages are awarded to the plaintiff to essentially “punish” the wrongful party. Unlike compensatory damages, this award is not based on actual harm suffered by the injured party.

These damages are awarded when the defendant’s behavior or intent has been found to be especially harmful. They are not usually awarded for breaches of contract unless the intent was “wanton, willful and deliberate.”

In Florida, punitive damages are limited to a maximum of three times the amount of compensatory (or actual) damages awarded, or $500,000 - whichever is greater, except under unusual circumstances.

The tort law definition of damages is “a form of monetary compensation to the injured party.” There are different types of damages and more than one may apply to your case.

Compensatory damages are awarded to compensate the injured party for injury or loss. The amount of these damages is based on the actual harm suffered by the plaintiff.  Actual damages are synonymous with compensatory damages.

In some cases, a plaintiff will be awarded “Treble damages.” In this scenario, the jury determines the amount of the actual damages and the court must award three times that amount.

Compensatory damages are awarded before Punitive damages are considered. Learn more about Punitive damages.

Is it wise to settle your case before it goes to court? There are good reasons to do so. The outcome of a court case is not assured. The court may or may not rule in your favor. If it does rule in your favor, it may not award all the monetary damages you were seeking. There is also the possibility that it will be years before you actually see any of the compensation.

You may be offered a settlement by the other party. If your case is against an insurance company, remember that the company’s business model is to pay the smallest amount possible, so before you settle, make sure the amount will cover your injury related medical expenses, past and future.

The advantages of settling are that both parties know the outcome ahead of time. It is a quicker and less expensive route to take.  A settlement is likely to be for less money than you could get in court if you won the case.

So the considerations are:

• Have you consulted an attorney?
• How badly do you need the money?
• How strong is your case?
• Do you feel comfortable with your medical assessment?
• Are you sure the settlement amount covers all possible loss of income scenarios?

An experienced personal injury attorney will know if your case is strong and will guide you in the right direction.