Expert Advice When You Need It Most
Attorney answers (5)
Reputation Level 6
Answered about 4 years ago.
Motorcycle Accident Lawyer in Elmira, NY.
You should immediately retain an attorney with experience in both auto accident and product liability cases. In situations such as these, it is not required that you also sue the helmet manufacturer, as the driver of the car that struck your son is responsible for all of his injuries. Under the circumstances of this case, however, it sounds as if a case against the helmet manufacturer should be considered to make sure there is sufficient insurance coverage to fully reimburse him for his substantial damages.
3 people marked this answer as good
Dewey N. Hayes Jr., licensed in Georgia
Raymond Scott Costantino, licensed in Florida
Christian K. Lassen II, licensed in Pennsylvania and New Jersey
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Reputation Level 5
Answered over 4 years ago.
Business Attorney in Puyallup, WA.
As a preliminary matter, I strongly recommend that you immediately contact an attorney who is able to help you with this case. Cases such as yours are typically taken on a contingency basis, where attorney's fees are based on a percentage of recovery from the defendants. The attorney will start the lawsuit by filing a Summons and Complaint with the court setting forth claims for personal injury. At that point the defendants must respond with an Answer, which will usually deny that the injured party is entitled to any relief. At that point the parties proceed with "discovery", under which formal requests for information are made, and each side carefully evaluates the strengths and weaknesses of the claims and defenses, and the severity of the injuries. If there is not a settlement, then the case will be decided at trial (or perhaps arbitration). Your son's case presents some unique aspects and complexities. A products liability claim against the helmet manufacturer will probably require the use of an expert witness who is able to confirm the defective nature of the helmet. Your son's attorney may also need to work with medical experts who are able to describe the nature and severity of his injuries.
2 people marked this answer as good
Raymond Scott Costantino, licensed in Florida
Christian K. Lassen II, licensed in Pennsylvania and New Jersey
Reputation Level 9
Answered about 4 years ago.
Car / Auto Accident Lawyer in Seattle, WA.
It makes sense to sue both the at-fault driver and the helmet manufacturer in the same action. It's important to speak with an attorney who not only has experience with product liability claims but also has experience suing foreign defendants (many helmet manufacturers are located in Japan and Korea). I hope your son's condition has improved since you posted.
2 people marked this answer as good
Raymond Scott Costantino, licensed in Florida
Christian K. Lassen II, licensed in Pennsylvania and New Jersey
Reputation Level 6
Answered about 4 years ago.
Motorcycle Accident Lawyer in Douglas, GA.
first seek an experienced trial lawyer in your area. recommend Jerry pearson in seattle-tacoma area ,member of American assocition for Justice ,near you. the other writer had a good point about the other driver & his insurance . recommend that you take the helmet or any peices remaining ,any info on helmet &its manufacturer , to the appt. with lawyer . most of these helmetmakers have an american office that should prevent need of international litigation & discovery responses in japanese ,chinese or italian languages , as given 20 years ago.
2 people marked this answer as good
Raymond Scott Costantino, licensed in Florida
Christian K. Lassen II, licensed in Pennsylvania and New Jersey
Reputation Level 10
Answered about 2 years ago.
Motorcycle Accident Lawyer in San Francisco, CA.
First of all, i am sorry to learn of your son's brain injuries. It is going to be a long road ahead and I wish you and your family the very best of luck. Next, make sure that you retain the helmet in absolutely the same condition as it was right after the accident. I recommend that you take photos and or video of the helmet and keep it dry and untouched as much as you can. Next, how old was the helmet and what type of helmet was it? Was the helmet more than five years old? The materials inside the helmet become far less useful for impact attenuation after five years. Was this a DOT approved helmet? If not, there are no guarantees that the helmet is even fit for the purpose of riding on the street. I concur that it is wise to bring a lawsuit against both the offending driver and the helmet manufacturer and the retailer. This is a complex case with challenging legal and factual issues. You should immediately consult with an attorney who is experienced in product liability as well as head injuries, and it would be best if your attorney also had good experience in motorcycle accident cases. this would be exactly the type of case I would take if the accident occurred in California. If you would like, I could refer you to a good attorney in your area. Please feel free to call me for a free consultation in this regard at 877-702-7800.
2 people marked this answer as good
Raymond Scott Costantino, licensed in Florida
Christian K. Lassen II, licensed in Pennsylvania and New Jersey
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