If you were hurt by a product, you may call a lawyer and hear “that is a hard case to take.” That is not a judgment about you. Product liability cases cost far more to prove than most injury cases, and a firm has to weigh that honestly. This guide explains why, what Illinois requires of a fee agreement, and what you can do to protect your claim.
The scale of complex product litigation
What makes these cases costly
Where the money goes
- Getting and testing the productThe product has to be preserved and examined, sometimes taken apart or tested to failure.
- Expert witnessesEngineers and other experts explain how it was designed, made and why it failed.
- Documents and other incidentsCompanies resist producing internal records and reports of similar incidents.
- Many defendantsParts makers, distributors and sellers each have lawyers and may blame one another.
Experts and testing. A jury cannot decide a design question without engineering evidence. Testing a product can mean buying more units of it, building test rigs and paying specialists to examine and explain the results.
Other incidents. Showing that a hazard was real often means showing it happened before. Illinois courts admit earlier accidents to show a particular hazard only if the plaintiff proves they were substantially similar. (Bachman v. General Motors Corp., 332 Ill. App. 3d 760 (4th Dist. 2002)) Getting those records usually means long fights over discovery, because companies argue the incidents are not relevant or not similar.
Well-funded defendants. Large manufacturers have experienced defense teams, and delays raise the cost for the injured person, not just for the company.
Mass litigation. Some product injuries are bundled into federal multidistrict proceedings. At the end of the federal 2025 fiscal year there were 197,118 actions pending in 158 such dockets. (JPML statistics) A small number of very large dockets hold most of the pending actions. (JPML pending dockets report) These figures show the scale of the litigation, not what any one case costs.
Why some cases are declined
A firm that works on a contingent fee pays the case expenses up front and recovers them only if there is a recovery. A product case can need a large investment before anyone knows the result, so a firm has to ask whether the injury and the evidence justify it. A very serious injury and strong proof of a defect make a case viable. A smaller injury, or a product that was thrown away or repaired, can make it impractical. That is a business and evidence judgment, not a statement that you were not hurt. If one firm declines, ask why, and consider a second opinion, because firms weigh cases differently.
What Illinois requires of a fee agreement
Illinois Rule of Professional Conduct 1.5(d)(2) requires a contingent fee agreement to be in writing, signed by the client, and to state how the fee is determined, including the percentages for settlement, trial or appeal, the expenses to be deducted from the recovery, and whether expenses are deducted before or after the fee is calculated. It must also clearly say which expenses the client is liable for whether or not the client wins. At the end of the matter, the lawyer must give the client a written statement of the outcome. (Illinois Rule 1.5) Ask to see this before you sign.
What you can do to protect a claim
Keep the product. Do not repair it, clean it or throw it away. Keep everything that came with it, including packaging, instructions and receipts. Photograph the injury and the scene. Write down how the product was used and what happened. Call early, because the deadlines are short and the product is often the case.
Our attorneys talk about how these cases are built, from the experts to the documents, in Episode 3 of Navigating Negligence.
Frequently asked questions
Does a firm declining my case mean I have no claim?
No. It may mean the case is too costly for that firm given the injury and the evidence. A second opinion can be worth it.
Do I pay anything up front in a contingent fee case?
The agreement must explain how expenses are handled, including any expenses you are responsible for whether or not you win. Read it before signing.
Why does the product matter so much?
Testing the actual product is often what shows a defect. A product that was repaired or discarded is much harder to prove.
Related guides: Strict liability in Illinois product cases; Design defect vs manufacturing defect; Punitive damages in product liability cases; Illinois product liability lawyers.
Statistics and law reviewed October 23, 2026. This article is general information, not legal advice. Statutes, rules and court decisions change, and every case depends on its facts.
Not sure if your product injury is worth pursuing? Call (312) 346-4262 for a free consultation. There is no fee unless we win.
Sources
- JPML, Statistical Analysis of Multidistrict Litigation, FY2025
- JPML, Pending MDL Dockets by Actions Pending (May 1, 2025)
- Illinois Rules of Professional Conduct, Rule 1.5
- Bachman v. General Motors Corp., 332 Ill. App. 3d 760 (4th Dist. 2002)
