If you have been injured by a defective pharmaceutical, medical device, chemical, or other product, you may be legally entitled to receive compensation for your injuries. A products liability lawsuit can be filed against the manufacturer, wholesaler or retail seller of the defective product.

Most lawyers will take a products liability case on a contingency fee basis, only taking a fee if you receive a settlement or judgment. Products liability cash advances are available to plaintiffs with strong cases if they need financial assistance while waiting for the completion of their lawsuit. Many plaintiffs have medical bills and may struggle with other routine expenses if their injuries prevent them from working.

Types of Product Defects

A products liability claim can be brought on the basis of a design defect, manufacturing defect, or failure to warn (marketing defect). A design defect occurs when there is an error in the design of a product that makes it dangerous when used as intended, or when used for another reasonably foreseeable purpose. Sometimes a product design may not be at fault, but the manufacturing process creates a defect in the product. A marketing defect is not a problem with the product itself, but rather a failure to warn consumers about the potential dangers of the product. Marketing defects would include inadequate warning labels or instructions that fail to explain how to use the product safely.

Proving a Products Liability Case

Plaintiffs in a products liability lawsuit may prove liability on the grounds of negligence, strict liability or breach of express or implied warranty. To prove negligence, the plaintiff must demonstrate that the defendant had a duty to provide a product fit for foreseeable uses, but failed to exercise reasonable care in the product design, manufacture, or inspection of the product. If the case qualifies for a strict liability standard, the plaintiff only needs to demonstrate that the product was defective and does not need to prove the negligence of the defendant. Where the plaintiff has to rely on the manufacturer, such as in medicine, strict liability may apply.

To prove a breach of express warranty, the plaintiff must show that the defendant was in violation of the actual written warranty associated with a product. When pursuing a products liability claim under a breach of implied warranty theory, the plaintiff needs to prove that although there was no express warranty, a defect in the product rendered it unfit for the use for which it was sold.

Lawsuit Funding

Plaintiffs injured by dangerous and defective products may be compensated for their medical bills, lost wages, property damage and any mental and/or physical pain and suffering caused from the flawed product. However, products liability lawsuits often take years to resolve. In the meantime, injured plaintiffs usually have medical expenses and may have lost time from work due to their injuries. Pre-settlement funding can help injured plaintiffs pay their medical bills or living expenses until they receive a settlement or judgment. Case Funding Inc. provides cash advances to plaintiffs with good cases in return for an interest in the proceeds of their lawsuit.

A Leader in Lawsuit Funding

Case Funding is a leading direct provider of innovative non-recourse funding solutions for plaintiffs who have pending products liability lawsuits and pressing financial needs.

Our Services

Case Funding's programs provide plaintiffs with short-term financing by advancing money against the future proceeds of lawsuits. Case Funding minimizes financial pressures on plaintiffs until they receive fair compensation.