A defective auto part can cause severe injury and be an extremely stressful event, making the steps you must follow to stay safe, protect legal rights, and seek compensation more complex than expected. Here are some steps you should follow if faced with such an event.
Seek immediate medical treatment
Prioritizing health and well-being is crucial, and if medical intervention is necessary, seek immediate help, even if symptoms don't immediately appear. Conduct thorough examinations to detect hidden problems, as some injuries may not present immediately. Document all treatments and consultations for future legal claims.
Document the scene and defective part
Document the accident scene thoroughly and safely, including any defective parts on the car. Take photographs or videos of the vehicle and visible injuries, and note the date, time, location, and weather. These details will be crucial in supporting your claim against liability and becoming essential assets in court.
Locate and save any defective vehicle parts
Preserving defective parts is crucial, so avoid attempting to repair or modify them yourself. Tow your vehicle to a safe storage location and educate towing or repair personnel about its importance to ensure the preservation of the part.
Notify authorities immediately
In cases of serious accidents, it is crucial to contact the police for an official account that can potentially benefit your case. When recounting the incident, be honest, detailed, and accurate; refrain from speculation or assigning blame, and maintain accuracy in your descriptions.
Notify your insurance provider
Inform your insurer immediately of an accident involving defective component(s). Provide all relevant details including photographs and documentation to them. Be open and honest when communicating, though do not accept any settlement offers before consulting an attorney as insurance companies often settle quickly but don't cover all your losses.
Consult with an experienced attorney
An experienced attorney in personal injury and product liability law can help navigate legal complexities and collect evidence to build a strong case. They may also communicate with insurance providers on your behalf, often operating under contingent fee arrangements, ensuring you receive what is owed if your claim succeeds.
File a product liability claim
Your attorney can help you file a product liability suit against the manufacturer, retailer, or distributor of defective auto parts, which can be classified into manufacturing defects, design defects, or failure to warn.
Collect evidence and build your case
To prove negligence in a claim against a negligent manufacturer, supplier, or party involved, expert testimony, medical records, and accident reports may be necessary. Documenting defective components is crucial as proof of harm caused by their manufacture.
Reach a settlement or prepare for trial
Negotiations are the preferred method for resolving product liability cases. Attorneys aim to reach a fair settlement that covers medical expenses, lost wage income, and pain and suffering damages. If no agreement is reached, the case could continue to trial, with the lawyer representing the case before the trial begins.
Medical treatments and Legal proceedings
Keep appointments and adhere to any advice from your physician, recording any changes in health. Communicate regularly with your lawyer and provide any extra documentation or information as requested; legal proceedings can often take time, so perseverance is the key to reaching a favorable resolution.
Defective auto parts injuries can be severe, but safeguarding health and legal rights can significantly impact compensation. Seek medical care, document evidence, seek legal advice, consult an attorney, and file product liability litigation to pursue compensation as soon as possible.
For inquiries related to traffic accident laws or injury laws, or to hire an accident attorney, contact the legal professionals of Bautista LeRoy LLC through this number 816-221-0382 or email them at [email protected]. Serving Kansas City, MO and KS as well as surrounding areas of Benton County and St. Louis.
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