Where to start looking for a product liability attorney
Start with attorneys who list product liability as a practice area on their websites or in legal directories. This matters because product liability requires knowledge of manufacturing standards, design defects, and failure-to-warn claims—skills that general injury lawyers may not have. Search "product liability attorney" plus your state and city, or use the State Bar of [Your State] website, which lets you filter by practice area.
Ask your primary care doctor, employer, or local bar association for referrals. Personal referrals often lead to attorneys who have handled machinery cases before. If someone you know was injured by defective equipment, ask them directly who they used and whether they would recommend that person.
Check whether the attorney has handled cases involving the type of machinery that injured you—industrial equipment, power tools, farm machinery, or construction gear. An attorney experienced with defective power tools may not have handled industrial press cases, and the technical details matter.
Key Takeaways
- Product liability attorneys should list that specialty on their website or bar profile, not just "personal injury" or "general litigation."
- Ask potential attorneys directly whether they have handled cases involving your specific type of machinery and what the outcomes were.
- Most product liability attorneys work on contingency, meaning you pay nothing unless you recover money, but confirm the fee structure and what costs you may owe upfront.
- A consultation should include discussion of whether the defect was in design, manufacturing, or warnings—not just whether the machine "failed."
- Red flags include attorneys who promise a specific outcome, rush you to sign, or seem unfamiliar with product liability law.
What to ask during a consultation
In your first meeting, ask the attorney to explain what type of defect they believe caused your injury. Product liability claims rest on three categories: a design defect (the machine was unsafe by design), a manufacturing defect (something went wrong during production), or a failure to warn (the manufacturer did not adequately warn users of a known danger). A competent attorney should be able to identify which applies to your situation and explain why.
Ask how many similar cases they have handled and what happened in those cases. Specifics matter: "I've handled machinery cases" is vague. "I handled three cases involving hydraulic press failures in the past five years, and we settled two of them" tells you they have real experience. Ask whether they won or settled, and roughly what the cases were worth. They may not share exact numbers due to confidentiality, but they should give you a range.
Ask whether they will need informed witnesses—engineers, safety specialists, or manufacturers' representatives who can testify about industry standards and what went wrong. This is normal and expected in product liability cases, but it costs money. Understand upfront whether the attorney will advance those costs or whether you will owe them even if you lose.
Ask about their timeline estimate. Product liability cases often take longer than straightforward injury claims because they require investigation, informed reports, and sometimes discovery of the manufacturer's internal documents. A realistic attorney will say "18 months to two years" rather than "we'll settle quickly."
Understanding fee structures and costs
Most product liability attorneys work on contingency, meaning they take a percentage of what you recover—typically 25 to 40 percent—and you pay nothing if you lose. This is standard and reasonable. Confirm the exact percentage and whether it applies to settlements, judgments, and appeals equally.
Ask what costs you may owe separately. Even on contingency, you may be responsible for filing fees, informed witness fees, medical record requests, and deposition transcripts. Some attorneys advance these costs and deduct them from your recovery. Others ask you to pay them as they arise. Clarify this in writing before you hire anyone.
Ask whether the attorney charges for the initial consultation. Many do not, but some charge a small fee. If cost is a barrier, say so—some attorneys will waive or reduce a consultation fee if your case has merit.
Red flags that suggest you should keep looking
Avoid attorneys who promise a specific outcome or settlement amount. No honest attorney can may provide what a jury will award or whether a manufacturer will settle. If someone says "we'll get you $100,000" or "this is an straightforward win," they are either inexperienced or not being truthful.
Be cautious if an attorney pressures you to sign a contract when ready or discourages you from consulting other lawyers. A good attorney expects you to shop around and will give you time to decide. Pressure is a sign they are more interested in taking your case than in whether they can actually help you.
Watch for vagueness about their experience. If they say "I handle all kinds of injury cases" but cannot name a single machinery case they have worked on, they may not have the informed product liability requires. Ask directly: "Have you handled a case like mine before?" If the answer is no or evasive, move on.
Avoid attorneys who seem unfamiliar with product liability law itself. In a consultation, they should ask you detailed questions about how the machine was designed, how it was manufactured, what warnings it carried, and what you were doing when it failed. If they mostly ask "how much pain are you in?" they are thinking like a personal injury lawyer, not a product liability lawyer.
How to evaluate multiple attorneys
Consult with at least two or three attorneys before deciding. This takes time but protects you from hiring someone who is not a good fit. Create a straightforward comparison: write down each attorney's experience with your type of machinery, their fee structure, their cost policy, and your gut sense of whether they listened and understood your situation.
Pay attention to how they communicate. Do they explain things clearly, or do they use jargon without checking whether you understand? Do they answer your questions directly, or do they dodge? You will be working with this person for months or years, so choose someone you can trust and talk to.
Check whether they are in good standing with the state bar. Most state bar websites have a "find a lawyer" tool that also shows disciplinary history. A few complaints are normal; a pattern of complaints or suspensions is a warning sign.
What happens after you hire an attorney
Once you sign a contract, your attorney will investigate the machinery, request the manufacturer's records, and likely hire informed witnesses to examine the machine and review industry standards. You will need to provide medical records, photographs of the machine, and a detailed account of what happened. This process takes weeks or months.
Your attorney will likely send a demand letter to the manufacturer or their insurance company, outlining your injuries and the defect. The manufacturer may respond with an offer to settle, a denial of liability, or silence. Settlement negotiations can take months. If no settlement is reached, your attorney will prepare for trial, which can take another year or more.
Stay in regular contact with your attorney and respond promptly to requests for information. Cases move faster when clients are organized and responsive. Ask your attorney for updates on a regular schedule—monthly or quarterly—so you know where things stand.
Frequently Asked Questions
Do I need a product liability attorney, or can I handle this myself?
Product liability cases involve complex technical and legal issues that require specialized knowledge. Manufacturers have teams of lawyers and insurance adjusters working against you. Representing yourself puts you at a significant disadvantage. An attorney levels the playing field and knows how to value your claim fairly.
What if the manufacturer is a large company with a big legal team?
Large manufacturers do have resources, but that is exactly why you need an experienced product liability attorney. They know how to navigate discovery, challenge the manufacturer's experts, and present your case persuasively to a jury. Size of the opponent is a reason to hire a good attorney, not a reason to give up.
How long does a product liability case usually take?
Most cases take 18 months to three years from hiring an attorney to settlement or trial. Some settle faster if liability is clear and injuries are straightforward. Others take longer if the manufacturer disputes the defect or if your injuries require ongoing treatment. Your attorney should give you a realistic timeline based on the facts of your case.
Can I switch attorneys if I am unhappy with the one I hired?
Yes, you can fire your attorney and hire someone else, though it may delay your case. Before switching, discuss your concerns with your current attorney—sometimes a conversation solves the problem. If you do switch, your new attorney will need time to get up to speed. Switching late in a case is more disruptive than switching early.
What if I cannot afford an attorney's upfront costs?
On contingency, you should not owe upfront costs. If an attorney is asking you to pay money before they work on your case, that is unusual and worth questioning. Some attorneys will advance costs and deduct them from your recovery; others will ask you to pay them as they arise. Discuss this clearly before hiring anyone.