{"id":353365,"date":"2016-04-04T10:46:52","date_gmt":"2016-04-04T15:46:52","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/product-liability\/settling-products-liability-claims.html"},"modified":"2023-11-06T16:28:13","modified_gmt":"2023-11-06T21:28:13","slug":"settling-products-liability-claims","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/product-liability\/settling-products-liability-claims.html","title":{"rendered":"Settling Products Liability Claims"},"content":{"rendered":"\n
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Settling Products Liability Claims<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Oni Harton, J.D.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Most product liability claims settle out of court. Settlements can occur before or after a lawsuit is filed and often involve the defendant\u2019s insurance company. Settling is typically faster, less expensive, and less risky than going to trial. Final amounts depend on injury severity, fault, and available evidence.<\/p>\n<\/div>\n<\/div>\n<\/div>\n

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People who injure themselves while using a dangerous or defective product might assume that, if they sue, they must appear before a judge in court. However, more than 95% of these cases settle out of court<\/a>. The odds of your case going to trial are very low.<\/p>\n

This article discusses how the settlement process works. It also explains why many cases involving dangerous products settle rather than go to trial. Finally, you’ll learn why settling your case may be in your best interest.<\/p>\n

A product liability attorney<\/a> in your area can help you understand your legal options if you’ve been injured by a defective product. They can answer questions about the claims process, proving fault, settlement amounts, and more.<\/p>\n

Has Your Personal Injury Attorney Already Filed Suit?<\/h2>\n

The settlement process works differently depending on whether you’ve already\u00a0filed your lawsuit<\/a>. If you haven’t sued the defendant(s) yet, your attorney can negotiate a settlement with the insurance company. If you already filed suit, you’ll have to deal with the legal team representing the manufacturer or other named defendant.<\/p>\n

Your lawyer will do what they can to avoid filing suit. Resolving your claim with the insurance carrier is much less expensive. However, you may have to press forward with a lawsuit at a certain point. If you don’t file your legal claim within the\u00a0statute of limitations<\/a>, the judge will dismiss your case. If that happens, you and your product liability lawyer walk away empty-handed.<\/p>\n

Your Attorney May Settle Your Product Liability Lawsuit Directly With the Insurance Company<\/h3>\n

Once your attorney notifies the manufacturer, distributor, retailer, or other party that you hurt yourself while using their consumer product, the company will turn the claim over to their insurance company.<\/p>\n

The insurance adjuster<\/a> will determine whether the claim is payable. If they approve your claim, you should receive your insurance check within weeks. If they refuse to pay or only offer to pay part of it, you’ll have a decision to make.<\/p>\n

You can either settle for a lesser amount or proceed with legal action.<\/p>\n

Settlement Options if You’ve Already Filed Your Lawsuit<\/h3>\n

You must\u00a0settle your legal claim<\/a>\u00a0with the defendant if you have already filed your lawsuit. This doesn’t mean the insurance company won’t be the one paying your settlement. It means that the attorneys representing the other party will be the ones to negotiate the settlement offer directly.<\/p>\n

Your lawyer will ensure the settlement covers your out-of-pocket expenses and court costs. Ideally, you’ll receive 60-80% of your total claim. However, your settlement amount will depend on several factors, including:<\/p>\n