How Long Do Product Liability Claims Take?

Product liability claims can take anywhere from a few months to a few years to settle. How long your case takes depends on how complex it is and other factors unique to your situation. The best way to get an accurate timeline is through a one-on-one consultation with an experienced attorney who can listen to your story, assess your claim, and help you understand what you can expect should you take legal action.

You have three years from the date of an injury to file a product liability claim in New York. However, the attorneys at McPhillips, Fitzgerald & Cullum LLP encourage you to take action long before that time approaches. The sooner we can get to work on your claim, the faster we may resolve it – and investigating the accident closer to its occurrence can help us build your case. So if you have been injured, get in touch today to schedule a free case review and learn more.

Settlement vs. Verdict

Many personal injury claims settle during mediation and negotiations. These typically occur within a few months of filing a lawsuit, following shortly after the discovery period. When a claim is settled during this time, it may only take one to two months to reach a reasonable agreement. However, some claims cannot be resolved during negotiations and will instead require a trial.

When a claim goes to trial, our lawyers seek a verdict rather than a settlement. Unlike a settlement, which is an agreement reached between all involved parties, a verdict is a judgment against one party and can result in significantly more compensation.

Most personal injury claims that go to trial are heard before a jury. More substantial compensation for pain and suffering is possible when this happens. So too, is the potential for setting precedent and helping to improve safety regulations, which is why many larger product liability claims, such as recent cases involving GM and Johnson & Johnson, head to trial more often than not.

At McPhillips, Fitzgerald & Cullum, we prepare every case for trial, even if it is likely to settle during negotiations. This way, we can handle any eventuality and ensure we provide the dedicated representation our clients deserve.

Please call our Glen Falls, New York office at 518-792-1174 to schedule your free case review today.


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