What matters most when choosing a product liability attorney
You need an attorney who has actually tried product cases—not just settled them in a conference room. The difference matters because product liability requires understanding how to prove a manufacturer knew about a defect, how to work with informed witnesses who can explain what went wrong, and how to push back when a company's lawyers argue the injury was your fault instead. An attorney who has only handled car accidents or slip-and-fall cases may not know how to build that kind of case, even if they are smart and hardworking.
The second thing to look for is someone who will tell you honestly whether your case is worth pursuing. A product liability case costs money to investigate—you need engineers, sometimes toxicologists, sometimes biomechanics experts. An attorney who takes every case that walks through the door is not thinking about your interests; they are thinking about their billable hours. You want someone who will say no to cases that do not have real merit, and yes only when the evidence supports it.
Third, find out how they handle costs. Most product liability attorneys work on contingency, meaning they take a percentage of what you recover instead of charging you hourly. But the informed fees—those come out of your recovery too, and they can be substantial. You need to understand upfront what happens if you lose, who pays for the experts, and what percentage the attorney takes.
Key Takeaways
- Look for an attorney with actual trial experience in product liability cases, not just settlements or experience in other injury types.
- Ask how many cases they have taken to trial in the past five years and what the outcomes were—this tells you whether they actually litigate or only settle.
- Understand the contingency fee percentage, who pays for informed witnesses, and what you owe if the case is lost before you hire anyone.
- Check whether the attorney has handled cases involving your specific type of product—defective medications work differently than defective machinery or consumer goods.
- Interview at least two or three attorneys before deciding; product liability is specialized enough that fit and experience vary significantly.
Questions to ask in your first conversation
Start with the basics: How many product liability cases have you handled? How many went to trial? What were the outcomes? An attorney who has tried five cases to verdict in the past five years is more experienced than one who has settled fifty cases without ever stepping into a courtroom. Both numbers matter, but trial experience tells you they know how to prepare a case for a judge or jury, not just negotiate with insurance adjusters.
Then ask about your specific product. If you were injured by a defective medication, you need someone who understands pharmaceutical liability—the regulatory history, how the FDA works, what kind of warnings matter. If it is a machinery injury, you need someone who knows industrial equipment and OSHA standards. If it is a consumer product, you need someone familiar with product testing and design defect arguments. An attorney experienced in one category may not be the right fit for another.
Ask directly: Have you handled cases like mine before? If the answer is no or vague, keep looking. You are not their training ground.
Ask about the cost structure in writing. What is your contingency percentage? Who pays for informed witnesses—me upfront, or does it come out of the recovery? What happens if we lose—do I owe you anything? What if we settle for less than expected? Get the answers in a fee agreement you can take home and read carefully before you sign.
How to find attorneys with real product liability experience
Start with your state bar association's lawyer referral service. Most states have a searchable directory where you can filter by practice area. Search for "product liability" specifically, not just "personal injury."
Ask your primary care doctor or the hospital where you were treated whether they have recommendations. Hospitals and medical practices often know which attorneys handle cases against manufacturers of medical devices or pharmaceuticals.
Look for attorneys who are members of the American Association for Justice (formerly the American Association of Trial Lawyers). Membership does not may provide quality, but it signals that the attorney is focused on litigation and stays current on trial strategy. Check their website for a member directory filtered by state and practice area.
Search for articles or presentations the attorney has published about product liability. If someone has written about defective product cases, testified before a legislature, or spoken at a legal conference on the topic, that is a sign they are actively engaged in the field beyond their own cases.
Ask whether the attorney is part of a larger firm with a product liability department, or whether they handle product cases solo. Both models can work, but a firm with multiple attorneys who focus on product liability may have more resources for informed witnesses and investigation.
Red flags that mean you should keep looking
If an attorney promises a specific outcome or a minimum recovery, walk away. No honest attorney can may provide what a jury will do or what an insurance company will pay. Promises like that are a sign they are more interested in signing you than in being honest about your case.
If they want to take your case without asking detailed questions about what happened, how you were injured, what the product was, and what evidence exists, they are not thinking carefully. A thorough initial conversation takes time. If it takes ten minutes, they are not doing their job.
If they cannot explain clearly how contingency fees work, or if they seem evasive about who pays for experts, that is a problem. You deserve straightforward answers about money before you hire anyone.
If they pressure you to decide quickly or suggest you should not talk to other attorneys, that is a pressure tactic. You should always interview multiple attorneys before choosing one.
What happens after you hire an attorney
Your attorney will send a demand letter to the manufacturer and their insurance company, laying out what happened, how you were injured, what your damages are, and what you are asking for in settlement. This is not a lawsuit yet—it is a formal request for compensation.
The manufacturer will likely hire their own attorneys and may request your medical records, your work history, and details about the injury. Your attorney handles these requests and protects your privacy where possible.
If the insurance company makes an offer, your attorney will advise you on whether it is reasonable. You make the final decision about whether to accept or reject it. If you reject it, the case moves toward filing a lawsuit, which means discovery (exchanging evidence), informed reports, and potentially trial.
Throughout this process, your attorney should keep you informed about what is happening and what the next steps are. If months go by without communication, that is a sign something is wrong.
Understanding contingency fees and what you actually owe
A contingency fee means the attorney takes a percentage of your recovery—typically 25 to 40 percent, depending on the complexity and whether the case goes to trial. If you recover nothing, the attorney gets nothing (though you may still owe for informed fees, depending on your agreement).
The percentage usually increases if the case goes to trial. An attorney might take 25 percent of a settlement but 33 or 40 percent if they have to try the case. This is standard because trial takes more time and carries more risk.
informed fees are separate from the attorney's fee. If you need an engineer to testify that the product was defective, that engineer charges a fee—often thousands of dollars. Some attorneys advance these costs and take them out of your recovery. Others ask you to pay them upfront. Some split the cost. You need to know which model applies to you before you sign anything.
If you settle for $100,000 and your attorney's fee is 33 percent, you owe $33,000. If informed fees totaled $15,000, those come out too. You would receive roughly $52,000. Ask your attorney to walk through a sample calculation so you understand what you would actually take home at different settlement amounts.
Frequently Asked Questions
Should I hire a local attorney or one from another state?
If your injury happened in your state, hire an attorney licensed in your state. They know the local courts, the judges, and the procedural rules. An attorney from another state can work with a local attorney as co-counsel, but the local attorney should be the one managing your case. Do not hire someone from out of state to handle your case alone unless they are licensed in your state.
What if I cannot afford to pay for informed witnesses?
Discuss this with the attorney during your initial conversation. Some attorneys have relationships with experts who will work on contingency or at reduced rates for cases they believe in. Some firms have the financial resources to advance informed costs. If an attorney says they cannot help because you cannot pay upfront, ask whether they know other attorneys who might. Do not assume you cannot pursue the case until you have asked.
Can I switch attorneys if I am unhappy with the one I hired?
Yes, but there are costs. You may owe your first attorney for the work they did, and your new attorney may need time to get up to speed on the case. If you are considering switching, talk to a second attorney first about whether the switch makes sense. Sometimes the issue is a misunderstanding that can be resolved with a conversation.
How long does a product liability case usually take?
A settlement can happen within months if the evidence is clear and the insurance company is reasonable. A case that goes to trial typically takes one to three years from the time you hire an attorney to the time you receive a verdict. Complex cases involving multiple experts or novel product defects can take longer. Your attorney should give you a realistic timeline based on your specific situation.
What if the manufacturer goes out of business?
This is a real problem, but there are sometimes solutions. The manufacturer may have liability insurance that survives bankruptcy. There may be a successor company that inherited the liability. There may be a product liability trust set up to handle claims. Ask your attorney to investigate these options before you assume the case is dead.