Pursuing a product liability case can feel daunting if you have not been through one before. The honest truth is that the legal process is structured and predictable — and a good attorney handles the vast majority of it without you ever needing to step into a courtroom. This page walks through every phase, what we do, what you should expect to be asked for, how long each step takes, and what your role will be throughout.

Phase 1 — Free Case Review and Intake

The process starts with a free, confidential conversation. We review the facts of your incident, the injuries or damages, the evidence you have or do not have, your purchase history, and the relevant statute of limitations. If we accept the case, we sign a contingency fee agreement that obligates you to nothing unless we recover compensation. The intake typically takes 30 to 60 minutes and creates no obligation either way.

Phase 2 — Investigation and Evidence Preservation

Once we are engaged, our investigation team immediately works to preserve every piece of evidence available. The fire pit itself is sent for forensic engineering analysis. Medical records are requested from all treating providers. Fire investigation reports are obtained from local fire departments. Witnesses are interviewed and sworn statements collected. Amazon order records are subpoenaed if they are not already in your possession.

This phase typically takes two to four months depending on how quickly third parties respond to our requests. Your role during this phase is minimal — you continue your normal medical treatment and forward any new bills, records, or communications related to the incident.

Phase 3 — Filing the Complaint

Once we have enough evidence to support the claim, we file a formal complaint in the appropriate court — usually state court in the state where the incident occurred, though some cases go to federal court depending on the value and parties involved. The defendant manufacturer, distributor, and sometimes Amazon itself are served with the complaint and required to respond within a specific timeframe set by court rules.

Phase 4 — Discovery

Discovery is the phase where both sides exchange evidence under court supervision. Documents are produced, written questions are answered, and depositions (sworn out-of-court testimony) are taken. As the plaintiff, you will likely sit for a deposition — this is a structured Q&A by the defense attorney, conducted in your attorney’s office, that typically lasts a few hours. We prepare you thoroughly and you will not be asked anything you have not already discussed with your team.

Discovery typically takes six to twelve months. Most cases settle during or shortly after discovery, because each side has by then developed a clear picture of the strengths and weaknesses of their position.

Phase 5 — Mediation and Settlement Negotiation

The majority of defective fire pit cases settle without ever reaching trial. Settlement discussions begin during discovery and intensify as the case develops. Most courts require a formal mediation session before trial — a structured negotiation overseen by a neutral mediator (often a retired judge) who works with both sides to reach an agreement.

If a fair settlement is reached, the case ends and the agreed compensation is paid. If mediation fails to produce an acceptable settlement, the case proceeds to trial — though offers often continue to improve right up until the trial date.

Phase 6 — Trial

If your case goes to trial, we present the evidence to a jury (or, in some cases, a judge), call expert witnesses, examine the defendants’ witnesses, and argue for the full value of your damages. Trial is the exception, not the rule — fewer than one in twenty cases makes it this far. When trial is the right strategy for your case, we prepare you thoroughly, walk you through every step, and stand with you from voir dire through verdict.

Phase 7 — Resolution and Payment

Whether the case ends in settlement or trial verdict, the final step is the disbursement of funds. Liens (medical, insurance subrogation, etc.) are paid first, our contingency fee is calculated and deducted, and you receive the remainder. We send a detailed statement showing every dollar of the recovery and how it was allocated.

Why Choose Langley Still & Foss

• Deep experience handling cases from intake through trial
• Single attorney contact throughout your case — no hand-offs
• Strong relationships with experienced expert witnesses and investigators
• No fee unless we win — pure contingency

Frequently Asked Questions

How long will my case take?

Most defective fire pit cases resolve within one to three years from intake to disbursement. Less complex cases sometimes settle within months. Cases involving catastrophic injuries, multiple defendants, or contested liability may take longer. We will give you an honest estimate during the intake based on the specific facts of your case.

Will I have to go to court?

Most clients never see the inside of a courtroom. The deposition during discovery is the most common in-person event for plaintiffs, and that happens in our office, not in court. If your case goes to trial — uncommon but possible — you will be present and may testify. We prepare you thoroughly for every step.

Can I settle quickly without litigation?

Sometimes, but rarely for the full value of the case. Pre-suit settlements typically reflect 30 to 60 percent of what a similar case might recover after formal litigation. We will tell you honestly when a pre-suit offer is reasonable and when it undervalues your claim.

What if I do not like the settlement offer my attorney recommends?

You always have the final say on settlement. We will give you our honest assessment and a recommendation, but the decision belongs to you. If you want to reject an offer and continue to trial, we will continue the case. If you want to settle for less than we recommend, we will document our advice but respect your decision.

From Investigation to Resolution: A Closer Look

Product liability litigation moves through several distinct phases, each with its own timeline and demands. Understanding what happens at each stage can help reduce uncertainty and prepare clients for what to expect.

The investigation phase begins immediately after we accept a case. During this period, our team gathers evidence, retains expert witnesses, reviews medical records, secures the fire pit and any related materials, and begins assembling the documentary record. This phase often determines the overall trajectory of the case because the strength of the evidence collected at this stage drives both settlement leverage and trial viability.

Once the complaint is filed, the discovery phase begins. Both sides exchange documents, take depositions of witnesses and experts, and complete written discovery. This phase is often the longest portion of a case, sometimes running a year or more depending on complexity. Settlement discussions can occur at any point during discovery, and many cases resolve before trial through negotiated agreements or court-supervised mediation.

If a fair settlement cannot be reached, the case proceeds to trial. Trials in product liability matters typically last between several days and several weeks, depending on the number of defendants, the complexity of the technical issues, and the volume of expert testimony. Throughout the process, our team keeps clients informed about each significant development and explains the strategic implications of decisions as they arise. To see what compensation may be available, see our overview of damages.