What a product liability attorney does
A product liability attorney represents you in a claim or lawsuit against a manufacturer, distributor, or retailer when a defective product causes you injury or property damage. They handle the investigation, negotiation with the company's insurance, and court proceedings if settlement talks fail. Their job is to prove the product was defective, that the defect caused your specific harm, and to recover money for your medical bills, lost wages, pain and suffering, and other losses.
These attorneys work on contingency, meaning they take a percentage of what you recover—typically 25 to 40 percent—rather than charging you an hourly fee upfront. You pay nothing unless you win or settle. They also advance costs like informed witness fees, medical record requests, and court filing fees, which they recover from your settlement or judgment.
Product liability cases are complex because they require proving one of three things: the product was manufactured incorrectly, the design was inherently unsafe, or the manufacturer failed to warn users of a known danger. An attorney knows which type of defect applies to your situation and what evidence proves it.
Key Takeaways
- Product liability attorneys work on contingency, taking a percentage of your recovery instead of charging upfront fees, so cost is not a barrier to representation.
- You should contact an attorney within the statute of limitations for your state, which ranges from two to four years depending on where you live and the type of injury.
- An attorney investigates the product, obtains informed opinions, and negotiates with the manufacturer's insurance company before deciding whether to file a lawsuit.
- Most product liability cases settle before trial, but your attorney must be prepared to go to court if the company refuses a fair offer.
- The attorney's fee comes from your recovery, not from your pocket, and they also cover investigation and informed costs upfront.
When you need a product liability attorney
You should contact an attorney if a defective product caused you significant injury or property damage—not minor cuts or small financial losses. The cost of investigation and informed witnesses makes small claims uneconomical for a law firm working on contingency. Most attorneys take cases involving hospitalizations, permanent injury, lost work time, or substantial medical bills.
Contact an attorney as soon as you realize the product caused your injury. Each state has a statute of limitations—a important date to file a lawsuit—that ranges from two to four years depending on where you live. Some states count from the date of injury; others count from when you discovered the defect. An attorney can tell you the important date in your state and whether you are still within it.
Do not wait for the manufacturer to contact you or for a recall to be issued. Recalls often come years after injuries occur, and the company's insurance adjuster will contact you only if you file a claim first. An early conversation with an attorney protects your rights and prevents you from saying something to the company that weakens your case later.
What happens during the investigation phase
Once you hire an attorney, they begin by gathering the product itself (if safe to handle), your medical records, receipts or proof of purchase, and photographs of the injury or damage. They also request the product's manufacturing date, batch number, and any prior complaints or recalls filed with the Consumer Product Safety Commission or the manufacturer.
The attorney then hires informed witnesses—engineers, toxicologists, or other specialists depending on the product—to examine it and write a report explaining how and why it failed. This informed opinion is the backbone of your case; without it, you have only your account of what happened. The informed's report also guides the attorney's negotiation strategy by showing the company's insurance adjuster that the case is defensible in court.
During this phase, the attorney may send a demand letter to the manufacturer or distributor outlining the defect, your injuries, and the amount of money you are seeking. Many cases settle at this stage because the company's insurance carrier recognizes the risk of trial. If no settlement is reached, the attorney files a lawsuit and enters the discovery phase, where both sides exchange documents and take sworn statements.
How settlement negotiations work
Most product liability cases settle before trial. Your attorney and the company's defense counsel exchange settlement offers and counteroffers, usually over weeks or months. The company's insurance adjuster will try to minimize the payout; your attorney's job is to present evidence of the defect and the harm it caused so convincingly that settling becomes cheaper than fighting in court.
Settlement talks often stall when the two sides disagree on the value of your claim. Your attorney uses comparable cases, medical testimony about your long-term prognosis, and informed reports to justify the amount they are asking for. The company's lawyers do the same in the opposite direction. A skilled product liability attorney knows the typical range for cases like yours in your state and region, which helps them push for a realistic but fair number.
If settlement fails, your attorney prepares for trial by organizing evidence, preparing you to testify, and coordinating with informed witnesses. However, most cases never reach trial because one side eventually decides the risk is too high. Your attorney's willingness to go to court—and the company's belief that they will—is what drives settlement.
What to expect in court
If your case goes to trial, the judge or jury hears evidence from both sides over several days. Your attorney presents the product, informed testimony about the defect, your medical records, and your own account of the injury. The company's lawyers present their own experts and argue that the product was not defective, that you misused it, or that something else caused your harm.
The burden of proof in a civil case is lower than in criminal court: you must show it is more likely than not (more than 50 percent) that the product was defective and caused your injury. Your attorney handles all questioning of witnesses, cross-examination of the company's experts, and arguments to the judge or jury about what the evidence means.
Trials are expensive and unpredictable. Even a strong case can lose if a jury is skeptical or if the judge rules against you on a key piece of evidence. This is why most attorneys push hard for settlement before trial and why companies often settle rather than risk a jury verdict.
How to find and choose a product liability attorney
Start by searching for product liability attorneys in your state or region. Many have websites listing their past cases and settlements. Look for attorneys who have handled cases involving products similar to yours—a defective drug case is very different from a defective tool case, and experience matters.
Call three to five attorneys and describe your injury and the product. Most offer free initial consultations. During the call, ask how many product liability cases they have tried, what the typical timeline is, and whether they will handle your case personally or pass it to an associate. Ask what costs they will advance and what percentage they take as a fee.
Choose an attorney you trust and who seems confident in your case. If multiple attorneys decline to take your case, that is a signal that the claim may be too small or too weak to pursue. If several are interested, pick the one with the most relevant experience and the clearest explanation of what happens next.
Costs and fees you should understand
Your attorney's fee is a percentage of your recovery—typically 25 to 40 percent depending on the firm and whether the case settles or goes to trial. Some attorneys charge a lower percentage for settlements and a higher one for trial verdicts, since trials require more work. You pay nothing upfront.
The attorney also advances case costs: informed witness fees (often $5,000 to $20,000 or more), medical record requests, court filing fees, deposition transcripts, and investigation expenses. These costs come out of your settlement or judgment before you receive your share. If you lose, you owe nothing—the attorney absorbs the costs.
Ask your attorney in writing what percentage they take and what costs they will advance. Some firms require you to reimburse costs even if you lose; others do not. This is a negotiable point, especially if your case is strong. Get the fee agreement in writing before you sign it.
Frequently Asked Questions
How long does a product liability case usually take?
straightforward cases that settle on a demand letter can resolve in three to six months. Cases that require informed investigation and negotiation typically take one to two years. If the case goes to trial, add another six months to a year. Your attorney can give you a better estimate once they understand the product and the complexity of the defect.
What if the product has been recalled?
A recall strengthens your case because it proves the manufacturer knew the product was dangerous. However, a recall does not automatically mean you win; you still must prove the defect caused your specific injury. Your attorney will use the recall as evidence that the company knew about the problem and failed to warn you in time.
Can I sue if I was not the person who bought the product?
Yes. You can sue if you were injured by a product someone else purchased, as long as you were using it in a reasonably foreseeable way. A child injured by a toy a parent bought, or a guest injured by a defective appliance in someone else's home, can both pursue claims. Your attorney will determine whether you have legal standing to sue.
What if the company goes out of business?
You may still recover through the company's liability insurance, which often survives bankruptcy. Your attorney will investigate whether insurance coverage exists and file a claim against the insurer. In some cases, successor companies or parent companies can also be held liable. This is why hiring an attorney early matters—they know how to pursue these alternative sources of recovery.
Do I have to testify in court?
If your case goes to trial, yes—you will likely testify about your injury, how it happened, and how it has affected your life. Your attorney will prepare you beforehand and be present during your testimony. Most cases settle before trial, so you may never have to testify in open court, though you will give a sworn statement during discovery.