Tuesday, October 19th, 2021 — The COVID-19 pandemic has placed a greater importance on using best practices in adjusting, investigating, and defending product liability claims.
Delay, travel obstacles, and lack of face-to-face interaction make early claims investigation more daunting. However, if an early and comprehensive investigation can be completed, pre-suit or early suit mediations are available options.
COVID-19 has heightened parties’ interest as to whether mediations at an early stage can be constructive in leading to claims and case resolution. While each jurisdiction is different, trials across the board are less common than they were prior to the pandemic.
The expectation is that most jurisdictions will not return to typical trial dockets for some time. Thus, the parties and their counsel generally have more incentive to resolve claims early.
From an adjustment point of view—and with respect to the potential for a product liability subrogation claim—the priority is to ascertain cause and origin as soon as possible.