When manufacturers fail to ensure the safety of their products, it can lead to serious consequences and product liability claims. These claims may concern various products, from household items to complex machinery and vehicles.
Product liability law helps protect consumers from harm from faulty or unreasonably dangerous products. To win a product liability case in West Virginia, you must prove that the same product was defective and was the main injury-causing factor. The following are the most common potential outcomes for those who pursue such claims successfully.
Negotiated settlement
Many product liability cases never make it to trial because the parties can negotiate a private settlement agreement. The manufacturer or insurance company may offer a lump sum to make the claim disappear and avoid the uncertainty and expense of taking the case to court.
Accepting a settlement usually means receiving compensation. However, it also involves signing a release, which waives your right to any further legal action regarding the defective product and your injuries.
Award at trial
If settlement negotiations break down, your claim can proceed to a trial. At trial, you would need to establish that the product was flawed, that this flaw caused your injury, and that you suffered quantifiable damages. If successful, the jury or judge would award you a specified amount of monetary damages intended to compensate you for all your general damages.
No liability
Of course, it’s also possible that at trial, the other side prevails, and the judge or jury finds that they are not liable for your injuries from the product. In that scenario, you may receive nothing and be unable to re-litigate the same claim.
Appeals process
If you win at trial, the defendant could appeal any portion of the decision they disagree with. And if you lose, you may be able to appeal any portion you believe was decided incorrectly. However, appeals can prolong the case than expected.
Pursuing a product liability claim may require more effort than it sounds. In that case, the sooner you take legal action, the better your chance of preserving evidence and building a strong case. The right legal representation can enhance your chances of obtaining fair compensation.
