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4 FAQs About Product Liability Claims Involving Defective Auto Parts

October 16, 2019

by Donaldson & Weston

personal injury lawyer

When an auto parts manufacturer makes a mistake at any phase of the design, development, or distribution process, it can put everyone on the road at risk. If you were injured in a crash that was caused by a defective part, you might be entitled to compensation for the resulting damages; however, going up against a major corporation poses certain challenges.

These companies and their insurance carriers have the resources to investigate and dispute any claim that comes their way. To level the playing field, it’s important that you seek guidance from a product liability attorney who has handled cases like yours.

During the initial consultation, your lawyer can review the facts of your claim, help you make informed decisions, and answer your questions. Read on to learn the answers to a few general questions about these cases:

1. How Can I Prove a Defective Auto Part Is to Blame for My Injuries?

If you were hurt in a car accident caused by a defective part, your lawyer will need to perform a thorough investigation to obtain all available evidence of liability, which may include:

  • The part in question;
  • Other parts from the same manufacturing batch;
  • Correspondence from the manufacturer regarding a recall;
  • Eyewitness testimony;
  • Dash cam footage or recordings from surveillance cameras near the scene;
  • Photographs of the wreckage; and
  • Maintenance records.

2. What Kinds of Damages Can I Pursue?

In the state of Florida, car accident victims who are seriously injured may be able to seek compensation for the following damages:

  • Emotional distress;
  • Pain and suffering;
  • Loss of enjoyment in life;
  • Medical expenses;
  • Home care;
  • Domestic help;
  • Child care;
  • Alternative transportation;
  • Lost income and benefits;
  • Loss of future earning capacity; and
  • Property damage.

3. Why Should I Hire an Attorney for Help with My Claim?

If you have grounds for a claim, a personal injury attorney can handle all aspects of the case so you can focus on your health. Your lawyer will:

  • Investigate the accident;
  • Consult with experts;
  • Interview witnesses;
  • Gather evidence of liability;
  • Track damages;
  • Negotiate with the opposing party on your behalf; and
  • Prepare the case for trial if necessary.

4. How Soon After the Accident Should I Call a Lawyer?

If you’re hurt in a car accident, it’s wise to call an attorney as soon as possible. Depending on the circumstances, critical pieces of evidence may not be available indefinitely. By calling a lawyer right away, your legal team will have the opportunity to gather such evidence. An attorney will also handle all correspondence with the opposing party, which means the insurance adjuster won’t be able to manipulate you into jeopardizing your claim inadvertently.