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7 Essential Questions to Ask Your Product Liability Lawyer
July 05, 2023

In the labyrinthine world of product liability law, having a seasoned attorney by your side is essential. Yet, it's equally critical to evaluate your legal counsel effectively, ensuring they possess the requisite competence and expertise. This evaluation often begins by asking insightful questions. Here, we delve into seven such questions that you, as a client, should consider posing to your product liability lawyer.

  • Can you elucidate your experience with Product Liability Law?

    Start your journey by understanding your attorney's proficiency level in product liability law. A lawyer could have decades of legal practice under his belt, but if his expertise lies in, say, criminal law, then it might not be the most beneficial for you. A lawyer with ample experience in product liability, on the other hand, brings to the table a deep understanding of the relevant statutes, case laws, and procedural requirements aligned with this particular area of law.

  • Can you expound on your approach to risk management?

    Risk management is the cornerstone of any legal strategy, more so in product liability cases. Your lawyer's approach to risk management could very well dictate the course and outcome of your case. This includes their aptitude in quantifying potential damages, gauging the scope of liability, and conducting a cost-benefit analysis of various legal strategies. It is akin to playing a complex game of chess, where predicting and managing the repercussions of each move is paramount.

  • Could you shed light on your track record in litigating similar cases?

    Past performance is not always indicative of future outcomes, as the financial pundits often caution. Yet, in the legal profession, a lawyer's track record can offer useful insights into their relative success and the strategies they employed. A lawyer with a record of favorable verdicts in product liability litigation would undoubtedly inspire confidence.

  • How do you plan to leverage expert testimony in my case?

    Expert testimony can be the linchpin in product liability cases. This involves presenting evidence from subject matter experts—engineers, scientists, medical professionals—to substantiate the claim of product defects. Your lawyer's ability to source, vet, and present the right experts could significantly enhance the persuasiveness of your case.

  • Could you discuss the potential implication of ‘Joint and Several Liability’ in my case?

    'Joint and Several Liability' is a legal principle often invoked in product liability cases. It holds that if more than one defendant is responsible for a plaintiff's injury, each may be held fully liable. Hence, understanding how this principle might apply in your case is instrumental in defining your legal strategy.

  • Can you elucidate your approach to settlement negotiations?

    While every client hopes for a swift and favorable resolution, it's prudent to remember that most cases are settled out of court. In fact, according to the Bureau of Justice Statistics, over 90% of product liability claims culminate in settlement agreements. Your lawyer's approach to these negotiations—whether aggressive, conciliatory, or something in-between—can significantly influence the final settlement.

  • How do you plan to manage the costs and fees associated with my case?

    Last but certainly not least, ask about the financial implications. Legal representation can be expensive, particularly in protracted product liability cases. Understanding your lawyer's fee structure—whether it's a flat fee, hourly rate, or contingent fee basis—is crucial. Moreover, discuss any ancillary costs, such as court filing fees, expert witness fees, and document preparation charges.

In conclusion, posing these seven questions to your potential product liability lawyer can provide a comprehensive view of their abilities, approach, and potential fit for your case. It is a strategic investment of your time that could potentially save you from unfavorable outcomes and unnecessary expenses down the line.


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Zero-Error Content: Crafted by Harrison Mitchell , polished by Skylar Calloway , and evaluated by Natalie Moses | All rights reserved.