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If you or a loved one was injured in a car accident caused by a defective vehicle part, it can be hard to know who to pursue for compensation. Proving the defective auto part caused the accident can be even harder. Fortunately, you do not have to manage this type of complex case on your own.
A Columbus car accident lawyer can help you deal with the car manufacturer, vehicle driver, and insurance adjuster when filing this type of claim. Their familiarity with challenging cases and car accident laws can help you obtain compensation from the at-fault party. Most will even take your case on a contingency fee basis and charge no upfront or out-of-pocket fees.
How Can You Prove a Defective Part Caused a Car Accident?
In the aftermath of a car accident, both drivers can share their version of events with police at the scene, their own insurance companies, and representatives for either party. Your lawyer will ask you questions about the accident and thoroughly investigate its causes and contributing factors.
To prove a vehicle defect caused the accident, your legal team will:
- Request a careful examination of both cars
- Consult with car and auto parts experts
- Request a reconstruction of the accident
Your lawyer will also build an evidence collection that proves the accident’s cause and identifies the defective part and its manufacturer.
How Do You Prove the Vehicle Parts Manufacturer Was Negligent?
Your lawyer will collect evidence, starting with your police report and medical bills. These items will document the cause of your accident and the cause of your injuries. Additional evidence can include:
- Vehicle inspection reports
- Auto recall reports
- Accident scene photos
- Witness statements
- Expert testimonials
Product, model, and serial numbers will also be recorded and compared to connect a specific part to your car and its manufacturer. Your lawyer will share your evidence collection and its indication of negligence with the insurance adjuster and use it to steer your case toward a settlement.
Will You Seek Compensation From the Manufacturer of the Car or the Part?
This is only one detail that can complicate your car accident case. If the brakes on your car were defective, you could pursue the manufacturer of the brakes, brake pads, rotors, or calipers.
Commonly reported defective vehicle parts include:
- Accelerator
- Airbags
- Brakes
- Engine
- Fuel system
- Lights
- Steering wheel
- Tires
- Wipers
Similarly, if the steering wheel was defective, you might pursue the maker of the car. Let your lawyer handle this for you. They will know who to seek damages and how to prove the monetary value of your case.
How Much Is a Defective Car Accident Injury Claim Worth?
The value of your case will depend on the extent of damage to your car, the severity of your injuries, and the length of your recovery. Economic damages your lawyer will demand for you can include the following:
- Current and future medical bills
- Current and future lost wages
- Loss of future earning capacity
- Property damage or destruction
- Diminished property value
Your lawyer will also demand the following non-economic damages:
- Physical disability
- Physical disfigurement
- Pain and suffering
- Mental anguish
- Emotional distress
- Diminished quality of life
If the defect was known and not promptly or adequately addressed, its maker could be compelled to pay punitive damages, though these are rarely awarded. Your lawyer will inform you if they are recoverable in your case.
What if a Family Member Lost Their Life in the Accident?
The loss of a family member can wreak emotional and financial havoc. A local attorney can fight for the following wrongful death damages while your family focuses on taking care of each other:
- Funeral expenses, including coffin, burial, vault, cremation, etc.
- Loss of your loved one’s income and their contributions to your household
- Loss of consortium, companionship, guidance, care, and support
In most cases, the decedent’s parents, spouse, and children can recover damages. If you were financially dependent on the decedent, you might have a valid claim. The best way to understand your options is to let a wrongful death lawyer clarify them.
Can You Settle Your Defective Vehicle Parts Case Without Hiring a Lawyer?
You can try to deal with the insurance company and negotiate a settlement on your own. While you are not required to have a lawyer, having one could benefit your injury claim in many ways. They can:
- Provide clarity with personal injury laws
- Collect all the evidence you need and deserve
- Locate and interview lay and expert witnesses
- Compile the documents that prove your case
- Complete and submit case-related paperwork
- Provide ongoing updates on your case
- Negotiate a favorable monetary settlement
If a settlement agreement cannot be reached, your lawyer will represent you in court and continue to fight for fair and appropriate financial compensation.
What Is the Statute of Limitations on Car Accident Cases in Ohio?
State law defines how much time you have to file a lawsuit against the at-fault party in your car accident case. In general:
- You have two years to meet the personal injury statute of limitations, according to Ohio Revised Code Section 2305.10
- You have two years to meet the wrongful death statute of limitations, according to Ohio Revised Code Section 2125.02
If the statute of limitations runs out, the court will not allow you to file your lawsuit, and the insurance company will stop negotiating. Your lawyer can help you accurately interpret the filing deadline and avoid the costly consequences of non-compliance.
Get a Free Defective Vehicle Parts Accident Consultation
If you were hurt in a car accident caused by a defective vehicle part, you can seek compensation from the manufacturer of the car or the part. With over 30 years of experience in personal injury cases, our car accident lawyers know how to fight for favorable financial recovery.
Get legal support right from the start. Contact The Fitch Law Firm LLC to get started today.