Get Legal Help With a Car or Vehicle Defect or Recall
By Christie Nicholson, J.D. | Legally reviewed by Oni Harton, J.D. | Last reviewed November 07, 2023
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If you believe that your motor vehicle or its parts may be defective, consider contacting an experienced motor vehicle defects attorney. Car recall processes and lemon laws are generally user-friendly. However, the laws that regulate automobiles are complex. Filing a lawsuit against an auto manufacturer can be challenging. Talking to a product liability attorney to determine your options is often a good idea.
See Your Rights: Defects, Repairs, and Lawsuits, and Car Recall Remedies and Your Rights to learn more about your rights in motor vehicle defect cases.
Do I Need an Auto Defects Lawyer?
Deciding whether you need to hire a personal injury lawyer can be difficult. You'd like to think you can handle this on your own. However, if you're not a lawyer, you aren't expected to know the laws and the process for filing a product liability lawsuit.
Here, we'll discuss determining when to seek legal advice for your defective product lawsuit. This section will also discuss how a personal injury attorney can help. If you were involved in a car accident due to subpar safety standards or a product defect, you may have a claim for damages.
When To Contact a Product Liability Lawyer
A mistake many accident victims make is waiting too long to hire a lawyer. If you don't file your claim within the statute of limitations period, the judge will dismiss your case.
You also want to ensure that the evidence proving your case is fresh. Your attorney will need time to prepare your claim. They'll also need time to negotiate with the dealership or automaker's insurance companies. Ideally, your lawyer can settle your claim without filing a lawsuit.
Even if you weren't in an accident, you still want to get your car repaired. If the vehicle defect is significant, the vehicle manufacturer has to fix it. Otherwise, you're putting the lives of you and your loved ones at risk. Not only that, but you shouldn't have to foot the bill for any repairs.
All it may take is a strong demand letter to the manufacturer. However, a letter coming from an attorney has a much more significant impact than a letter from an ordinary consumer.
How To Prepare for a Vehicle Defect Consultation
When you first call your attorney, they'll schedule your free case evaluation. You want to bring as much information as possible to this initial meeting. The more information your lawyer has, the better their chances of preparing your claim.
Some of the materials you want to bring with you include:
- Any safety recall notices you may have received
- Copies of your warranty
- Auto accident or police report
- Car manufacturer information
- Vehicle recall info you've gotten online
Once your attorney reviews this information, they'll know whether or not you have a valid claim. If you have a defective vehicle but weren't in an accident, they can fight to get your car repaired at no cost. If you were in a crash, they can help you file your lawsuit against the manufacturer.
It may be necessary to join a class action lawsuit if there are numerous plaintiffs. One of the legal teams handling that class action will be able to assist you with your claim.
Does It Matter if You Get Hurt in a Crash?
As mentioned above, there are times when motorists suffer an accident because of a defective car. If that happens to you, there is additional information you'll want to bring to your initial consultation.
To determine if you have a valid accident claim, your attorney will need the following:
- Police report
- Copies of medical bills
- Proof of any lost wages
- Pictures from the accident scene
- The repair estimate for your vehicle
Not surprisingly, a lot of vehicle defects lead to motor vehicle accidents. Some of the more common types of defects include:
- Defective parts
- Defective tires
- Tendency to rollover
- Defective airbags
- Defective seatbelts
- Ignition switch issues
- Issues with the pedals
- Other safety issues
If you were driving a recalled vehicle at the time of the crash, the defendant will argue that they aren't liable. They'll claim that you had the opportunity to fix the defect and chose not to. In this case, your attorney must show you never received the recall notice, or that you did take your car for repairs but it didn't correct the defect.
What Kind of Damages Can You Demand for Your Manufacturing Defect?
If you were in an auto accident because of a vehicle defect, you can sue the manufacturer for damages. The types of damages you collect will depend on the facts of your case.
Some of the more common types of damages you may receive in your personal injury lawsuit include:
- Medical bills
- Future medical expenses
- Lost wages
- Lost future income
- Property damage
- Emotional distress
- Pain and suffering
- Punitive damages
You want to make sure your lawyer's practice area is personal injury. You want to ensure they have the skills and knowledge to handle your claim correctly.
This helpful damages worksheet can give you an idea of the kinds of damages you can demand. It also highlights the documentation you'll need to prevail against the defendant.
Get Legal Help With a Vehicle Defect or Recall
Automobile accidents can be traumatic and, sometimes, deadly. Most accidents result from driver error, impaired driving, or bad road conditions. However, a vehicle defect can also cause severe accidents and injuries. Vehicle safety is the responsibility of the manufacturer.
You may have a valid claim if you believe an automobile defect is to blame for your serious injury. Visit our attorney directory to find the phone number for an experienced products liability lawyer near you.
Can I Solve This on My Own or Do I Need an Attorney?
- A lawyer can help seek fair compensation on your behalf
- Accident and injury claims are complex and insurance carriers have lawyers on their side
Get tailored legal advice and ask a lawyer questions about your accident. Many attorneys offer free consultations.
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