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Can I sue a car manufacturer for the death of my husband

Wayne, NJ |

In 2008 my husband and I where in a car accident where he was killed on impact because his airbag did not deploy and his seat belt did not retract. Last week I got a call from the department of transportation and they want to investigate my accident (6 years later) becauseand going after Mitsubishi. it seemed it was a malfunction in the cars airbag. Can I sue Mitsubishi?

Attorney Answers 10

Posted

You can sue this car manufacturer on a product liability basis. However, there will be some statute of limitation hurdles that you will face. It is not impossible to defeat these, but you definitely will have a fight on your hands. It is good that the government is investigating. That will definitely help your cause.

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12 lawyers agree

Posted

You should consult with a lawyer immediately. There are time requirements to bring a lawsuit. However, since the manufacturer apparently is being investigated the time requirements may be relaxed. In general, a person may bring a lawsuit on for defective airbags/seatbelt. It would be the deceased person's estate. Use Avvo's find a lawyer feature for wrongful death and call a attorney.

Michael J. Dennin, Esquire Personal Injury~Workers' Compensation Social Security Representation NJ & PA www.denninlegal.com 866-665-5709 (toll-free) mdennin@ciecka.com

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12 lawyers agree

Posted

Possibly, if the statute has not run. Get to a lawyer immediately to see what can be done. There are exceptions to the statute, but you don't want to delay. Hope that's helpful

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11 lawyers agree

Posted

Talk to an experience products liability attorney as soon as possible. You probably can make out a claim, but you also have a statute of limitations issue. There are always exceptions in the law, but you can't sit back and wait on this if you are going to be able to recover.

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10 lawyers agree

Posted

Get a lawyer immediately who handles product liability. ANYONE in the chain who sold you the car can be sued, but as noted there are time requirements which you may have to deal with.

This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.

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8 lawyers agree

Posted

You should consult with an attorney or several attorneys on this issue. You can always sue someone. The question which you have impliedly asked is whether your case would be dismissed after Mitsubishi filed a motion with the court to dismiss your case because it was filed too late. In NJ, you have two years to file personal injury and wrongful death cases. You knew the airbag did not deploy and that the seatbelt did not retract 6 years ago. I believe a court would grant Mitsubishi's motion to have your case dismissed. There was nothing preventing you from contacting a lawyer to discuss these same tragic facts years ago. I am sorry that your husband passed away and that you were involved in such a tragic accident. I would suggest that you spend some time on line looking to see if any class actions have been filed against Mitsubishi over similar facts or problems for the model and year car you were inand, if so, that you contact any lawyer who has filed any such case.

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5 lawyers agree

Posted

I think it is probably too late, but there are exceptions to the very strict time limits to bring a case .The exceptions involve some very limited circumstances and facts. Consult immediately with an experienced products liability wrongful death attorney in your area.

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3 lawyers agree

Posted

First, I am very sorry for your loss. I have no doubt that you are feeling even greater pain now with the reminder along with the potential that his death was caused by the failure of a product to work properly.

You should call a product liability/wrongful death lawyer as soon as you are able. That lawyer can help you determine if a suit is still possible (given the time period) and also whether you are likely to be successfully.

Again, I am sorry for your terrible loss.

The attorneys of Lowenthal & Abrams are licensed in several states, including Pennsylvania, New Jersey and New York. We handle cases involving personal injury (car accidents slip and falls, etc.,) medical malpractice, nursing home abuse, workers' compensation and social security disability. I am a medical malpractice, catastrophic accident and wrongful death attorney. I am licensed in Pennsylvania, New Jersey, California and West Virginia. This post is not legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in this post. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance.

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2 lawyers agree

Posted

Contact a product liability attorney right away. The statute of limitations has most likely expired so filing a wrongful death lawsuit may not be an option. I would advise you to seek out an attorney or law firm who has significant experienced handling product liability cases as these are incredibly complex and different from other types of personal injury cases.

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2 lawyers agree

Posted

Need to know what state the accident occurred in, but regardless, get an attorney in your area ASAP because the statute of limitations may be a problem. Each state has different statute of limitations for different types of cases, and there are also exceptions to those statutes, which differ from state to state, so need to know what state law will apply.

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