Charles Lewis
3 years ago
How You Know You Have a Case Against the Manufacturer of a Recalled Motor Vehicle Successful claims against vehicle manufacturers begin with a thorough investigation. One key to a successful claim rests in learning how much the company knew about the defect in your car. Some automakers might try to bury the problem because exposing […]
Recalled Motor Vehicle Accident Injury Lawsuits
Successful claims against vehicle manufacturers begin with a thorough investigation. One key to a successful claim rests in learning how much the company knew about the defect in your car. Some automakers might try to bury the problem because exposing the extent of their knowledge could lead to substantial financial losses for the company, which only makes matters worse in the end if their coverup is unmasked.
Once the investigation is complete, then the injured victim may file a claim against the manufacturer and all other parties included in the chain of distribution. A product liability plaintiff must allege that the product was defective because of a design defect or the manufacturing process was flawed. In the case of a design faulty, every item made according to the defective design is unsafe. A prime example of a motor vehicle design defect is the Ford Pinto. Many people died or were catastrophically injured because the faulty design of the Pinto placed the gas tank near some hardware that fastened the bumper to the vehicle. Rear-end collisions forced the hardware into the gas tank, resulting in an explosion. Every Pinto had that potential, rendering the problem a design defect.
Conversely, and is often the case with motor vehicle recalls, some part of the manufacturing chain was faulty. Consequently, a limited number of items are defective rather than all of them. The Dodge Ram recall discussed above is an example of a manufacturing defect. Other product liability claims can involve the failure of the company to warn about a possible side effect or danger about which the company knows and is duty-bound to alert its customers.
The most challenging issue in a product liability claim is proving the defect. Often, proving causation of your damages is less challenging because there is an apparent cause-and-effect relationship between the defective motor vehicle and a consumer’s injuries. Nonetheless, the issue of damages is vital to you experiencing justice for your injuries.
As with many injury cases across the United States, a victim injured by a defective product can claim damages for medical expenses, future medical costs, lost wages, and loss of future earning capacity. Additionally, special damage claims such as loss of a limb, loss of consortium, and pain and suffering are relevant to your damage claim.
Every state has statutes of limitations that require victims to file lawsuits within a strict time frame, or the case is forever barred from court. The time frames vary not only among states but vary according to the cause of action as well. For example, a claim for personal injuries might be as little as two years. By contrast, a claim for a breach of warranty might be as long as six years. Contacting a seasoned products liability lawyer as soon as possible helps you avoid the vexing problem of your state’s statutes of limitations.
Did you or a loved one sustain a motor vehicle accident injury that may have been caused by an auto defect? Parker Waichman LLP helps those who have suffered injuries due to negligence receive full monetary compensation. Trust your case with our accident injury lawsuit lawyers. For a free consultation, contact our law firm today by using our live chat or calling 1-800-YOUR-LAWYER (1-800-968-7529).