You might be able to sue the manufacturer or seller of the defective vehicle or part if the defect caused an accident. We answer this and other questions you might have about your car accident case in our FAQs.
What Counts as a Defective Vehicle or Part
There are three types of defects that can end up as the basis of a lawsuit for monetary damages. These categories of defects include the following:
- Defective design: When the vehicle or part has an inherent flaw, the problem could be a defective design. For example, some airbag inflators failed and caused severe injuries because of a defect in the design that did not take hot and humid climates into account.
- Defective manufacturing: Human error can cause a vehicle part to fail even if the design was flawless. Also, a vehicle part can be defective when the manufacturer does not follow the product specifications when making the part. Using an inferior grade of materials when making tires, for example, could result in the part failing when used.
- Defective marketing: Products should contain sufficient warnings about the known hazards and instructions for the consumer on how to avoid injuries when using the item. Failure to warn the consumer about known hazards can constitute a defective product.
Defense lawyers can be quite aggressive about trying to get these product defect cases dismissed. Your ability to recover damages in some cases could turn on whether the court considers the problem to be a defective design as opposed to defective manufacture.
For a free legal consultation, call,
(888) 585-2188
Recoverable Damages in Product Liability Cases
After establishing the liability of the defendant for the defective vehicle or part that injured you, the next issue is the type of recoverable damages available in your case. Every car accident case is different. No one can tell you how much compensation you might be able to pursue until they talk to you and investigate your accident.
Here are some examples of the common categories of compensation people seek in a defective vehicle or part injury cases:
- Lost income: You might have gotten partial or no paychecks for the time when you could not work because of your wounds. If this happened to you, your car accident claim could include damages for lost wages.
- Reduced earning capacity: Significant injuries can cause lasting impairment even after the person completes their medical treatment. Some people never recover their strength, range of motion, or functions. If you had to take a job that pays less because of your impairments from the accident, you can include future lost wages in your claim.
- Medical expenses: Your medical expenses are usually recoverable from the at-fault party, including the ambulance, trauma center, doctors, surgery, intensive care unit (ICU), hospital, and prescriptions.
- Rehabilitation facility: People who suffer catastrophic wounds like head trauma might need to get extensive therapy at a specialized rehabilitation center to learn how to walk or talk again.
- Long-term care: Life-changing wounds can cause a person to need daily assistance with medical treatments and personal care, as in the example of paralysis from spinal cord damage.
- Pain and suffering: This often-misunderstood category of damages represents the physical discomfort and emotional distress of the crash and your injuries. The mere payment of your medical bills does not compensate an injured person for these items.
- Other intangible losses: Quite a few people develop post-traumatic stress disorder (PTSD) after a severe motor vehicle crash. PTSD can make it challenging to maintain personal relationships and employment. Also, extensive scars from car accident wounds can cause disfigurement.
If your close relative died because of a car accident in Maryland, the family might be able to pursue additional compensation by filing a wrongful death claim.
The Filing Deadline in Maryland
Maryland does not let you take the time you might need to get well and rebuild your life before seeking compensation for your losses from a car accident. Under Md. Code, Cts. & Jud. Proc. § 5-101, your personal injury lawsuit must get filed within three years. Md. Code Ann., Cts. & Jud. Proc. § 3-904 sets the filing deadline for wrongful death cases at three years.
The consequence of missing the statute of limitations is that you lose the right to hold the at-fault party accountable for your injuries and other losses. Do not count on getting a settlement from the insurance company at that point. They will not pay you any money when you can no longer file a lawsuit against the defendant.
Click to contact our personal injury lawyers today
Being Partly at Fault Could Destroy Your Personal Injury Case
You should never admit fault in a car accident in Maryland because doing so will let the defendant get out of paying you any money for your injuries and losses. Being even one percent at fault in a personal injury case in our state is enough to destroy your right to compensation because Maryland follows the unusual rule of contributory negligence.
Most states apply a comparative fault rule, letting injured people get some compensation for their losses, reduced by their percentage of the total fault. Maryland, on the other hand, will bar you from any compensation for any amount of negligence by you, however insignificant. For this reason, you should not admit to any amount of negligence in a car accident.
Complete a Free Case Evaluation form now
How to Get Help with Your Car Accident Case
Defective product cases are usually expensive to litigate because you will have to hire expert witnesses like engineers to testify about the product and doctors to testify about your injuries. Most individuals cannot afford to bear this expense by themselves. Having a personal injury lawyer handle your injury case can make it possible to take on big corporations.
Jenner Law helps people who get hurt because of defective vehicles and parts. You can contact us today for a free initial consultation. We treat our clients with care and compassion.
Call or text (888) 585-2188 or complete a Free Case Evaluation form