In cases where death has occurred, plaintiffs seeking compensation can also get justice by including the automaker in an unlawful death lawsuit.
If you've had a car accident, you may be in a car accident lawsuit. If you are the culprit, it means that liability for the accident has been transferred to you, and in those cases you are more likely to find yourself the defendant. While the no-fault driver may file a lawsuit for damage that is not covered by either party's car insurance.
In states like Florida, there is no fault for car accidents and everyone is required by law to get car insurance. However, this does not always result in an adequate payout or a positive outcome for both parties. Concerns such as liability and guilty party can be negatively impacted by product recalls. If you've had an accident and a recall has been issued for your vehicle, this article is for you.
If you are on the fault page of an accident, you accept liability for the accident. However, even through no fault of their own, lawsuits can be filed between a plaintiff and a defendant over a car accident. For example, in some healthy conditions, a driver can claim damages necessary to cover repair costs, but not for pain and suffering due to the accident.
If you received information about a car recall and did not respond to it, an attorney could argue that your liability for the accident increases, even in a no-fault condition, and the court might agree. Conversely, if the manufacturer has negligently provided recall information safely and in good time, he can also assume a certain liability for the accident. In any event, recalls will affect liability in car accidents across the country.
Recalls can affect the number of defendants in a lawsuit, and this is due to liability, as explained above. In the event of a recall, if a manufacturer's negligence or breach is wholly or partially responsible for the accident, additional defendants from the company may be added to the lawsuit.
In Florida, an unlawful death occurs when “the unlawful act, negligence, default or breach of contract” by one party results in the death of another party. For an automaker to be named in an unlawful death lawsuit, an attorney must prove that the company was negligent or in breach of a sales contract between the buyer and seller. State laws differ in who can file a lawsuit on behalf of the deceased. In Florida, however, this is the executor of the estate. Typically, this will be someone named on the property owner's will or otherwise appointed by the State of Florida.
Side view of the front end of the vehicle after an accident and fire; Image by Jan2575, via Pixabay.com.
If someone dies unexpectedly, the costs can add up quickly. Damage from an unlawful obituary can cover things like funeral expenses, medical expenses, loss of income and financial assistance, and the pain and suffering of loss of emotional support. The sad truth is that car accidents can kill people and leave an emotional and financial hole beyond the cost of car repairs. In these cases, a recall can have an impact on whether or not a manufacturer or dealer is named in an unlawful death.
Conclusion: Reminds of matter
A car accident is traumatic. Finding yourself as a defendant in a civil lawsuit seeking damages for your liability in the accident is costly, hampers the emotional healing process, and enables you to relive the accident again and again, especially if you have lost , difficult is a loved one. The added stress and guilt resulting from such a lawsuit can be unbearable.
If you've had a car accident and are only standing in court to find that your vehicle has been recalled for potentially fatal safety issues, be sure to share this information with your lawyer as soon as you know it. Your attorney may be able to use this information to reduce your liability and identify additional defendants from the automaker who may actually be responsible for the accident.
In cases where death has occurred, plaintiffs seeking compensation can also get justice by including the automaker in an unlawful death lawsuit. For these reasons, it is important to know your rights when it comes to product recalls, liability, and car accidents no matter where you live. You have a right to a vehicle that is safe to operate and to share the road with other safe vehicles. If this right has been violated due to a manufacturer's defect, the negligence that occurs in such a case can change the entire case.