Factors Affecting the Settlement Timeline in Product Liability Cases

The recipient of a JD from the University of Virginia School of Law, Lisa M. Nousek is an accomplished legal practitioner who has represented clients in both state and federal courts as well as appellate courts. Lisa M. Nousek serves as a partner with the law firm of Boies, Schiller & Flexner LLP in Armonk, New York, where she handles complex civil litigation matters, including product liability lawsuits.

How long it takes before a product liability claim reaches settlement depends on factors like the nature and extent of the injury, the evidence-gathering timeline, the amount of compensation pursued, and the plaintiff’s patience. In product liability, some injuries are indisputable, and liability is difficult to deny. For injury responsibility that is contested, the time it takes to gather evidence is another significant timeline determinant. Serious injuries or harm (such as death or a traumatic brain injury) complicate the legal proceedings compared to minor injuries such as a broken bone, extending the settlement timeline.

Personal injuries that result in high compensation claims (such as $1 million or more) typically take longer to resolve than relatively small compensation claims. The plaintiff’s patience or situation also can play a role in the outcome. Sometimes, plaintiffs need urgent indemnification to settle medical expenses due to their injury, thereby limiting their options. A plaintiff who is not in a hurry to receive compensation can fight for a reasonable settlement, although this may extend the timeline.