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Average Product Liability Settlement – Lawsuit Case Value

Average Product Liability Settlement – Lawsuit Case Value Our product liability attorneys conduct numerous legal consultations for individuals who have suffered serious injuries due to a defectively designed or manufactures consumer product ranging from defective automobiles, household appliances, surgical implants, child toys, and pharmaceutical drugs. Perhaps the most common question asked by victims to our attorneys during their legal consultations is “what is the value of my case,” or “how much is my case worth”. Each product liability case is unique consisting of a distinctive set of factors which ultimately result in an estimated value of a case. Only a thorough case review from a qualified an experienced attorney will provide you with a good estimate of the potential value of your case. Some of the most important factors attorney use in order to come up with a calculation of the estimated value of a defective product case is provided below. If you have any further legal questions or you wish to receive a free legal consultation from a defective product attorney regarding your claim contact our law office toll free (855)385-2529.

Factors Used In Determining the Value of A Product Liability Case:

Level of Harm – Injuries Suffered

Perhaps the most important factor in establishing the potential value of your case. There are numerous types of injuries which can be caused by a defective product including severe burns, facial injuries, and brain injury. Injuries can also come way of long term medical complications including cancer, stroke, and heart attacks via the use of defective drugs and medication. Past and future medical costs including hospitalization and rehabilitation expenses will be presented as evidence during settlement negotiations and jury trials. It is important to compile all medical records including hospitalization cost so as to strengthen your case.

Lost Wages and Loss of Future Income

Victims of serious injuries resulting in lost wages and salaries are entitled to financial recovery. Pay stubs and past taxes will be used to determine the amount of work time lost. In certain cases injured parties are not able to return to the same line of work due to long term injuries and permanent disabilities. Under these circumstances vocation experts will be used as expert witnesses to determine the future loss or reduction of wages.

Pain and Suffering

Generally there are two way juries come up with awards for pain and suffering. (1) Per Diem (2) Elimination of Pain Value.
  • Per Diem: Under a per diem system a jury places a monetarily recoverable amount on every day a person has suffered and multiplies that amount on the number of days a person is expected to suffer from his ailments
  • Elimination of Pain: The other system used by juries is how much a plaintiff would pay to eliminate the pain he is suffering.

Punitive Damages

Punitive damage awards are usually more prevalent in product liability claims than other personal injury causes of action. Punitive damages are available when a manufacturer of a product either knew or should have known of the dangers associated with a products use but decided to sell and distribute it to the consumer. Further Information: Defective Medical Device Lawsuits


I was driving my BMW 328i X Drive between 50/ 60 mph on my way to a dentist appointment scheduled for 9am. At the time my windows were rolled up and the sunroof was closed, but the curtain was pulled back to enable light inside. Out of nowhere I hear a loud sound that sounds like a shotgun go off on the right side. In panic trying not to crash my car, I get somewhat showered with glass and the air from outside can be heard? I pull over and I am puzzled by what I see! The remaining portion of the sunroof is in the shape of a mushroom another wards bowed up? After a quick look it is obvious that something from the inside of the vehicle caused this accident! If it was something from the outside the remains would had been downward. The first things that came to my mind were the pressure in the cabin and the sunroof. I got on line and Googled “spontaneous exploding sunroof’s” and found out that this is not the first time this event has occurred. There is a gal in California whom had the same make, model and year BMW as I do that experienced the same thing!!! She was told by service that a rock did it? She got the local news involved and they had a professional engineer do the calculations. The findings were interesting. In order for a rock to break the glass it would have to travel 3 times the maximum speed it occupies. The glass would have to take the shape of a inward position and not the outward position it models. The news spoke to BMW and before they could inform them of the findings they agreed to pay for a new Sunroof. It looks like there are a couple class action lawsuits for Sunroofs spontaneously exploding. I went to my doctor the same day the accident occurred and was told the membrane was bruised. The next day my ear was red and swollen and in pain. I had to go to the ER and was diagnosed Acute Otis Syndrome from the loud noise and the pressure change. I have been to the ER 4 different times and to the ENT doctor twice. My ear is still ringing and I can’t hear all that well out of it. Recently I was diagnosed with 15 decibles- loss of hearing in the right ear. It is going on almost 3 months since the event and it seems my ear just keeps having the same problems? Sharp pains, constant ringing and turns red and swells up in the evening. There was around $7000.00 of property damage that occurred to the BMW from the Sunroof. I feel like there is more than enough proof on the internet to back up my situation. I believe that in time the Sunroofs will be manufactured with a different type of material. Its not just BMW, but examples of multiple Auto manufacturers. I appreciate your time and I hope I have a tangible case. Diagnosis- Tinnitus, Hearing Loss and Nerve Damage.

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