Asked 3 months ago - Shelby, NCFlag
hello I was Involved in an auto automobile accident last month where someone ran a stop sign causing me to crash into them . I was not at fault I broke my arm in three places I had to get 13 screws and two plates put in my arm also broke my ankle the day I was released from the hospital my brother had an attorney come by I was still kinda out of it from the pain mess the ER gave me so I hired them when I went to get my wallet out of my car I realized that my seat came apart from it's base completely off track I asked my attorney If I could file a products liability claim she said that the car was to old and they didn't practice that kind of law an they could only help me with going after the other driver and his insurance and that the seat coming off track had to have caused the accident w
The first thing you should do is preserve the vehicle. Your attorney can do this by sending a letter to the insurance company. If your attorney does not practice products liability law, then I would not rely upon her representation that the car was too old to pursue a products liability claim. I would also Google the type of car you have and the seat issue and see if you can find similar issues. Lastly, I would consider consulting a products liability attorney who specializes in auto cases to see whether there is something there independent of the traditional auto claim. The products liability claim may be the most valuable since there are no insurance limits issues and auto companies have deeper pockets than the average driver. Good luck and hope you heal quickly.
There are certainly statutes of limitations and repose on products liability cases, but no one on this website is in a proper position to tell you if your particular statute has ran. If you have hired an attorney and remain concerned, you should have him or her explain to you exactly why your claim is not within the statute of limitations. You might ask them to show you the particular state statute. If you have not hired an attorney, you should look for someone that does products liability auto cases. I'd be happy to point you in the right direction of someone that specializes in that kind of work if you haven't already retained someone. Best of luck.
T. Shawn Howard
Well, you have indicated several things about your auto accident that you should review with a good personal injury attorney in your local area. Perhaps the attorney that you have talked to about the accident may be the right one for you, but you should check to find out how experienced he is and whether or not he has handled auto accident cases. You need to also talk to your insurance company and give them the information about the accident as there could be an issue as to liability even though you said that you were not at fault. Did the police come out to the scene of the accident? Finally, products liability cases are difficult to pursue; you may want to complain to the auto manufacturer about the seat in the car and see what they say. Good luck.
Unfortunately, you have failed to ask us a question. But, I assume, you are concerned that your attorney is not anxious to pursue a product liability claim.
The fact that the seat broke loose is something that your attorney should certainly document, as, if nothing else, it goes to the strong force of impact which you sustained.
The question of the seat coming loose goes to the crashworthiness of the vehicle. You would need to have a well-qualified expert able to demonstrate how the seat coming loose caused or significantly contributed to your overall injuries. This can be a daunting and a very expensive undertaking when you are dealing with a major car manufacturer. They have virtually unlimited resources to oppose you at every turn. If you cannot demonstrate how the seat coming loose caused or significantly contributed to your injuries, a products liability claim in the form of a crash worthiness theory of recovery may not be economically viable. I suggest you retain your damaged vehicle and secure clear photographs of the detached seat as you further analyze the advisability of pursuing this line of attack.
If there is significant insurance coverage on the vehicle which struck you, that may be sufficient and there will be no need to attempt to pursue a crashworthiness argument. You need to sit down with your attorney and have a full discussion of the entire matter. If your attorney is not someone who primarily does personal injury litigation, but rather dabbles in it, you may wish to consider finding more experienced counsel.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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