Product Liability Lawsuit Funding

When you suffer an injury due to a defective product, the journey to justice can be long and fraught with hardships and difficulties. Beyond the physical and emotional strain, the financial impact can be as devastating.

Product liability pre-settlement funding provides critical financial support during this difficult time. At Baker Street Funding, we understand the unique nature of these cases and offer assistance to those awaiting a fair resolution.  

Leading Causes of Product Defects

Product defects that can lead to liability cases generally fall into three categories:

1. Design Defects: These occur when a product is inherently unsafe right from the design stage, even before it is manufactured. For example, a tool designed with an unprotected sharp edge that can easily cause injury.
2. Manufacturing Defects: These defects arise during the production process. Despite a safe design, errors in manufacturing can render a product dangerous. An example could be a batch of electric blankets that were wired incorrectly, posing a fire hazard.
3. Failure to Warn: Products must come with adequate instructions and warnings. Insufficient guidance or warnings about potential risks can lead to injuries, forming the basis of failure-to-warn claims. For instance, if a pain medication lacks adequate warnings about dosage limits, it could result in severe side effects.

Identifying Responsible Parties

In a product liability case, several parties might be responsible for your injuries:

• Manufacturer: Both the manufacturer of the final product and the manufacturers of any component parts may be liable. This includes accountability for design and manufacturing defects.
• Retailer: Retailers can be held responsible for selling unsafe products, regardless of whether they were involved in its manufacture.
• Wholesalers and Distributors: These entities are responsible for the safe distribution of products and can be held liable if they distribute a product known to be defective.

Understanding the Strengths of Product Liability Lawsuits

To succeed in a product liability lawsuit, certain legal criteria must be met. These criteria not only increase the likelihood of winning the case but also impact the potential for obtaining pre-settlement funding. Here’s what makes these cases legally strong:

• Provable Defect in the Product: The foundation of a strong product liability case is proving that the product had a defect. This can be a design flaw, a manufacturing error, or a failure in providing adequate warnings or instructions. Demonstrating a defect that directly caused harm is similar to proving that a poorly built bridge collapsed under normal use — it clearly shows where the responsibility lies.
• Direct Causation: Direct causation in a product liability case involves demonstrating the link between the product’s defect and the injury sustained. For instance, if a person contracts food poisoning, and it can be shown that it was due to eating a contaminated product, this evidence establishes that the defect (contamination) directly led to the injury (illness). Successfully demonstrating this connection allows the court to more readily see the defendant’s liability for the harm caused.
• Substantial Injury or Damage: In assessing a product liability claim, the extent of injury or damage significantly influences the proceedings. Courts evaluate whether the harm incurred, such as serious injuries requiring extensive medical treatment, or significant financial losses, resulted directly from the product’s defect. A case involving higher damages generally provides a better illustration of the impact of the defect, thereby supporting the plaintiff’s claim for compensation.
• Product Used as Intended: For a product liability claim to hold, the injured party must show that the product was used as the manufacturer intended when the injury occurred. In this case, if a ladder collapses while being used to reach an elevated surface, and the user was adhering to the weight limits and usage guidelines specified by the manufacturer, this supports the claim. However, if the ladder was being used horizontally as a makeshift bridge, this misuse could shift liability away from the manufacturer because the product was not used as intended.
• Absence of Significant Alterations: To strengthen a product liability claim, it is also essential to demonstrate that the product remained in its original condition after purchase, without significant alterations. Modifications made by the consumer, such as adding components or making adjustments that alter the functionality or safety features, can weaken the case. This is because such changes can complicate the process of proving that the product, as sold by the manufacturer, was inherently defective. 
• Severity of the Injury: In product liability cases, the severity of the injury can demonstrate the impact of a defective product. For instance, a product that causes major injuries, such as a medical device that malfunctions and leads to critical health issues, clearly illustrates the dire consequences of product failures. Such severe injuries can substantiate the claimant’s case by showing the profound effect and potential dangers of the product, which typically strengthens the legal argument in court.
• Clear Evidence of Product Defect: Clear evidence of a product defect serves as direct proof in a product liability case. If a safety device fails during normal operation and results in an injury, this failure can be shown as evidence that the product did not perform as expected, directly linking the defect to the liability of the manufacturer.
• Manufacturer’s History of Similar Issues: A documented history of similar product failures can support a current claim by demonstrating a recurring issue. For example, repeated incidents involving brake failures in vehicles from the same manufacturer can be used to establish that the defect was known and unaddressed, which supports allegations of negligence.

Claims in Product Liability Cases

1. Economic Loss: These claims can include the cost to replace a dangerous appliance that could cause harm if continued in use, or the expense of property damage caused by a malfunctioning product, such as an electronic device that sparks and burns a household surface.
2. Non-Economic Damages: These damages are particularly relevant in product liability because they compensate for the personal betrayals consumers feel when trusted products fail, leading to serious injuries. Compensation for emotional distress in these cases isn’t just about the injury itself but also the breach of consumer trust and safety expectations.
3. Punitive Damages: Applicable in scenarios where a company continued to sell a product despite knowing its dangers, punitive damages in product liability serve as a strong warning to other manufacturers about the consequences of prioritizing profits over safety.
4. Wrongful Death: In product liability cases, wrongful death claims can arise from products that are supposed to provide safety and assurance but fail catastrophically. Should a defective product result in a tragedy, the victim’s family can seek damages for medical and funeral costs, loss of income and benefits, and the emotional trauma of their loss.
5. Loss of Consortium: This claim takes on special weight in product liability cases when a family member is incapacitated or severely altered by a product defect. Particularly severe injuries may disrupt marital relationships, which can lead to a claim for loss of consortium. This compensates the spouse of the injured party for the loss of companionship and support.

Real-World Impact of Product Liability Litigation

A perfect example of the significance of product liability claims can be seen in the case of Eimers v. Honda Motor Company, Ltd. In 1993, Todd Eimers, a 27-year-old, suffered a catastrophic injury due to a design defect in the kickstand of his Honda motorcycle. This defect caused his motorcycle to spin out of control, resulting in a C6 spinal cord injury that left him a high-level quadriplegic.

Despite Honda’s initial refusal to settle the defective product claim, the case went to trial, where the jury sided with Mr. Eimers. The outcome was a verdict awarding him $19.8 million in damages.

This case shows just how crucial it is to have a personal injury attorney representing you when you’re dealing with a product liability case and fighting for the justice you deserve if a defective product harms you.

Why Having a Product Liability Attorney Matters More Than You Think

Product liability cases, like the one involving Honda, can often be prolonged. These lawsuits may take several years to reach a conclusion, largely because insurance companies and manufacturers employ strategies to delay proceedings. They might dispute the claim’s validity, question the evidence, or exhaust all legal avenues to postpone a settlement. This tactic is not only a delay—it’s a deliberate strategy to pressure you into settling for less than you deserve.

During this time, you might face financial pressures, such as medical bills and lost wages, which can make waiting for a fair settlement even harder. This is where pre-settlement funding can truly become a life-saver. It provides you with the financial support needed to cover your immediate expenses without having to rush the legal process.

Remember, accessing such funding typically requires that you are represented by an attorney, so that your interests are protected and that the funding approved amount is consistent with your case value. An experienced personal injury attorney will not only help to expedite your personal injury claim but also stand up against the delaying tactics of the defense.

What is Pre-Settlement Funding for Product Liability Lawsuit Victims?

If you’re navigating the aftermath of being harmed by a defective product, you might find yourself facing not only physical and emotional recovery but also financial strain. Pre-settlement funding, known as a lawsuit cash advance or settlement financing, offers a financial lifeline for victims in product liability suits. Here’s how it works and why it might be a great resource for you.

Understanding Pre-Settlement Funding for Product Liability

Pre-settlement funding is a financial option available to plaintiffs who are in the midst of a product liability lawsuit. Unlike traditional loans, this funding is specifically tailored to support injured individuals whose settlements or court awards are pending. It provides you with immediate cash to cover urgent expenses—such as medical bills, living costs, and other expenses—before your defective product lawsuit settles or reaches a verdict.

How Pre-Settlement Legal Funding Works at Baker Street Funding

At Baker Street Funding, we provide non-recourse legal funding, which means you are not required to repay the advance if you lose your product liability action case. Essentially, we invest in the outcome of your lawsuit. Baker Street Funding will provide you with a portion of your anticipated settlement upfront, and in return, we receive a portion of the settlement or judgment once the case is resolved.

The Benefits of Pre-Settlement Funding

For many victims of defective products, the financial burden of ongoing medical treatment, coupled with the inability to work, can be overwhelming. Pre-settlement funding relieves some of this financial pressure, allowing you to maintain your standard of living and focus on your recovery without financial distress clouding your decisions. It also empowers you to hold out for a fair settlement rather than accepting a lower offer due to immediate cash needs.

For many victims of defective products, the financial burden of ongoing medical treatment, coupled with the inability to work, can be extremely overwhelming. Pre-settlement funding from Baker Street Funding relieves some of this financial pressure, allowing you to maintain your standard of living and focus on your recovery without financial distress clouding your legal and financial decisions. It empowers you to hold out for a fair settlement rather than accepting a lower offer due to immediate cash needs.

The Process and Qualification for Product Liability Pre-Settlement Funding

Applying for pre-settlement funding with us is straightforward. You can begin the process either online or by phone. After your initial application, a settlement funding specialist from Baker Street Funding will reach out to discuss the details and guide you through the next steps. It is imperative that you have your attorney’s cooperation, as your lawyer’s input and authorization are required to proceed.

Once your attorney provides us with your case file, our legal team will conduct a thorough evaluation of your litigation. This assessment, which typically takes 24-48 hours on business days, helps us decide on the strength and potential value of your case. 

Factors considered include clear evidence of a defect, substantial and documentable damages, and a direct connection between the product and the injury—all critical to establishing liability and securing a favorable settlement or judgment.

We also look into the severity of the injury or loss, and the defendant’s insurance company. These elements help us determine the potential amount of funding against the expected settlement or judgment.

Once your case is approved, we will prepare a funding agreement for both you and your attorney to sign. After we receive the executed contract, you can expect to receive your funds within 2-24 hours. 

Ready to Apply for Funds?

Take the first step towards securing the financial support you need today. Contact Baker Street Funding at (888) 711-3599 to start your application and get closer to the peace of mind you deserve while we handle your funding.

Apply now or call us to speak with a funding specialist who can guide you through the process.  Our rates are non-compounding, and cap in the third year. No credit checks, no income verification.