Indianapolis Product Liability Attorneys
Answer Frequently Asked Questions

Cases from the portfolio of Montross Miller product liability attorneys range from six figures to $3 million to $63.2 million. Nationally, the median award for product liability was $2.4 million in the most recent 2020 Insurance Information Institute report. Every product liability claim is different, and it is difficult to determine the exact value of a potential settlement without close examination of the specific case. One significant factor is the desired level of deterrence the jury seeks. In other words, how much does the jury want to punish the manufacturer for its defective product and deter similar future conduct from the responsible company or its peers? Other factors may include:

• Expenses related to emergency or other medical care necessitated by the defective product. 
• Expenses related to lost wages or future earning ability.
• Non-economic damages, such as pain and suffering.

A product liability attorney from Montross Miller can help you answer this question definitively. We have on-the-ground experience at the negotiating table and in the courtroom that informs how we handle your unique case. In general terms, product liability claims can be divided into three categories:

• Defectively designed product. Even though correctly manufactured, the design causes harm. Faulty design in automobile components accounts for some of the most well known cases. 
• Defectively manufactured product. In this case, a flaw in the manufacturing process has created a harmful product. 
• Defective communication/failure to warn. With failure to warn, the manufacturer has not advised the end-user about the dangers posed by use of their product.

Before engaging with a product liability lawyer like Montross Miller, you can hold your case up against the three categories of product liability mentioned in the question above. If it seems to fit one of these categories, you can then consider the following factors to determine if you have a manufacturer’s liability for defective products case:

1. You have a real injury and real suffering. This seems obvious, but sometimes a defective product has harmed one person and not another. The unharmed does not have a case.
2. You can (and must) prove that the product named in the suit was somehow defective.
3. You can (and must) prove that the defect in the product named in the suit was the cause of your harm or suffering.
4. You can (and must) prove that you were using the product as intended when the harm was caused.

Product liability cases can, by the nature of their connection to large-scale manufacturing, involve numerous people. Courts may order a multi-district litigation or class-action case. Multi-district will be organized by geography. Class-action will be organized into group claims of similar allegations. In a class-action suit, a settlement is publicized and additional consumers who were injured by the defective product are afforded the opportunity to join the suit if they believe they were harmed and deserve to be compensated for damages.