Individuals sustaining serious injuries from use of a product may need financial assistance to overcome the injury and the related trauma. Often times pursuing a product liability lawsuit is time consuming and complicated. Recognizing the difficulty, the financial industry has evolved the product liability lawsuit loan.
Product liability arises from defective products causing grave personal injuries, misrepresentation of facts associated with the product, design defects, marketing defects, and unsafe products among other causes. The onus of proving negligence does not always rest with the plaintiff and there can be instances where the doctrine of “res ipsa loquitur,” (the thing speaks for itself) or “strict liability” are invoked shifting the responsibility of proof to the defendant. Similarly, the plaintiff need not be the purchaser so long as the product was sold in the normal course of business to anyone. A garage sale for instance is not considered ‘normal course of business’ and the provisions of strict liability will not apply. Design defects are even more complex to establish except when such defects are very conspicuous.
Product liability lawsuits can fail when the manufacturer establishes that the plaintiff had made substantial alteration to the product and that the injury arose on account of the alteration. Misuse of a product leading to injury will also generally attract similar arguments.
Prosecuting a product liability lawsuit is best left to an experienced attorney. Plenty of witnesses and evidences will be arrayed during the course of the trial by the plaintiff as well as the defendants. Most plaintiffs would find it challenging to represent their own case in the absence of legal expertise. Therefore, you are better off finding a competent attorney with a proven track record in winning product liability lawsuits.
Arduous and Expensive Journey
Fighting a product liability lawsuit can be arduous as well as expensive. But, if you have a strong case to present, you could expect to win a tidy sum of money. The journey can potentially be long and frustrating.
Most attorneys may need ‘case funding’ and it is likely that you need some money to ride through the years with the product liability lawsuit. Thankfully, legal funding companies are now offering product liability lawsuit loans to help you tide over the difficult period. Most lenders base their approval on the assessment of the case by your attorney and do not run a credit check or income verification. Though this could sound like a juicy deal, a product liability lawsuit loan is expensive and you should explore all your options before committing yourself to the loan. In most instances 10% of the projected settlement will be reckoned as the upper limit for a product liability lawsuit loan and that will include ‘case funding’ if any.
Research Your Options
It pays to be an informed plaintiff and the best way to reach there is through focused research. Find quality time to explore a wide range of information available through the internet focusing on the specific circumstances of your lawsuit. Once you are armed with all that you need to know, speak to your attorney to find the best product liability lawsuit loan.
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About the author
Michael Smith is the Customer Experience Director at 911 Lawsuit Loans LLC and is responsible for client relations throughout the funding.