Before you get involved in a product liability case, you should know what is involved. For this reason, we have put together the various stages of the case so that you can know what to expect to go through with your product liability attorney before it even starts.
Please follow along as we walk you through the process.
A Lawsuit Is Filed
Every case starts with an accident or injury and a product that was involved. So whether a toy was a choking hazard for a child or you had an injury as a result of a poorly designed blender that did not have sufficient safety warnings, this is where it all begins.
Next, with the help of a professional lawyer, you can file a claim against the person or company responsible for the injury. This would make you the plaintiff and the manufacturer or liable party the defendant.
The allegations are compiled and sent to the defendant so that they can assess the complaint and defend themselves against the alleged claims.
The Discovery Period
This is a part of the case where both parties are able to exchange information and learn what facts each party will be using to state their case. Discovery methods can vary depending on the court, case, and location, however, they are usually brought forth in one of two ways.
A Written Discovery
These can usually involve questions for the opposite party to respond to, requests for the other party to admit to certain details, and requests for evidence.
This is a testimony that goes on record in court. It is given by a witness and the attorneys ask questions to further the discovery of information for the case.
Settlement & Trial
Now we come to the main part where the case is really delved into and resolved. Some prefer to do this via a settlement which would involve discussing it without going to trial. It is usually fairly informal though it is always a good idea to have your lawyer with you.
If the case cannot be settled via discussion then it must go to court. Each attorney makes their statements and explains the situation to the jury. Witnesses are presented, testimonies are cross-examined and the attorneys give their closing arguments/statements to persuade the jury.
The Judge explains the law to the jury and then they go into deliberation where they discuss until they reach a final verdict. One way or another the case is settled and the entire matter is decided upon.