If you suffered an injury because of a defective product, you might be wondering how much the average product liability settlement is.
The truth is there is no such thing as “average” product liability settlement amounts.
All product liability claims are unique, and your product liability settlement will depend upon the facts of your case.
Basics of Products Liability in California
In California defective product claims, the defendant is strictly liable for defects, meaning that the victim does not have to prove their negligence.
If a product is more dangerous than expected or it does not have adequate safety warnings, the individual that sells, designs, or manufactures it is strictly liable for any injuries.
If the consumer misuses the product in a reasonably foreseeable way, the defendant will also be strictly liable.
The victim’s attorney must prove that there was a defect in the product’s manufacturing, design, or warnings. Victims have two years from the date of their injury to bring a product liability lawsuit.
How to Estimate Your Product Liability Settlement
In California, you can recover economic and non-economic damages and sometimes even punitive damages.
Economic and non-economic damages compensate the victim for their injuries and related financial losses.
Economic damages include:
- Medical bills,
- Lost wages, and
- Property damage.
Non-economic damages include pain and suffering and emotional distress. They can be difficult to place a value on because they are subjective.
Punitive damages punish the defendant if their conduct was especially egregious.
Factors Affecting Your Product Liability Settlement
There are a large number of factors that go into valuing your product liability settlement amount. The facts of your case will play the largest role in determining the amount of your settlement.
However, there are some other factors that will likely also come into play.
The Extent of Your Injuries
The seriousness of your injuries will directly impact your medical expenses, time off work, and pain and suffering.
A products liability claim involving life-changing injuries such as third-degree burns or amputations will likely involve a much higher settlement than not-so-serious injuries.
Similar Product Claims
If there are other lawsuits involving the same or similar product defects, you might be able to use them as a loose guide for how your case will turn out.
You can look up plaintiffs that suffered similar injuries to yours to get an even better idea.
In California, the court will consider what degree you were responsible for your own injuries.
If the defendant can prove that you shared some negligence, for example in the way you handled the product, the court can reduce your damages by the percentage of your liability.
To illustrate, if the amount of your claim was $100,000 but the jury determined that you were 10% negligent for your claim, you would receive $90,000, or 90%.
In comparative fault states like California, you can recover compensation from product manufacturers or sellers of defective products even if you are mostly at fault for your own injury.
Turn to the Farzam Law Firm to Help with Your Products Liability Claim
The Farzam Law Firm is ready to work hard for you to get you the compensation you deserve for your injuries. We aggressively fight for our clients, whether in settlement negotiations or at trial.
We are seasoned personal injury trial lawyers, and we routinely achieve the best possible results. Contact us today to schedule a consultation on your claim.