One of the most essential features of any motor vehicle is the braking system. When brakes are defective or fail, they can cause catastrophic motor vehicle wrecks. The at-fault party will be expected to compensate you for every loss.
Establishing liability for defective brakes can be challenging, and nearly anyone involved in the chain of distribution of these brakes could be held accountable. Your Henderson product liability lawyer with H&P Law can handle the legalities of your case while you focus on healing. When you need a top-rated Henderson defective brake accident lawyer you can rely on, contact our law office to request a free consultation.
What to Do After a Defective Brake Car Accident in Henderson
The aftermath of your defective brake accident may be chaotic. It is important to remain as calm as possible as you navigate the minutes, hours, and days after the collision. Here are some of the most important steps you should take to begin building the most powerful case possible against the liable party:
- Call emergency responders and report the accident to law enforcement officials.
- Gather evidence at the scene of the accident, including witness names and statements.
- Write down any notable details about the collision, including all involved parties’ names and contact information, whether the driver that hit you expressed guilt, and the time, date, and location of the collision.
- Obtain medical attention so you can treat worsening injuries and create a trail of medical records.
- Reach out to a defective brake accident lawyer in Henderson with H&P Law as soon as possible, who can meet you at the accident scene, your hospital room, or schedule a free consultation virtually.
It is also worth noting that exercising your right to silence is important. Refraining from discussing the accident on social media or with anyone other than your lawyer may be in your best interests. Our Henderson personal injury lawyer can discuss the best course of action for your product liability claim.
Demanding Justice After an Accident Caused by Defective Brakes
You may not initially know what caused your collision. However, if you were suddenly unable to apply the brakes or otherwise notice a breaking issue, you may have grounds for a defective brake lawsuit. Some of the most common types of defective brake cases include:
- A failure in the brake shift interlock
- Issues with emergency brakes
- Trouble with faulty parking brakes
- Failure of power brakes
- Hardening of brake pads
- A failing hydraulic system
Many of these issues are caused by negligent vehicle repair or issues in the design or manufacturing of the braking system. However, you can expect the defense to argue that you were not taking proper care of your brakes and an attempt to put some of the blame for the accident on you. According to Nevada’s modified comparative negligence laws under NRS §41.141, this could have a significant impact on your case.
Defective Brake Accident Victims Deserve Justice and Total Compensation for Their Damages
You have the right to be fully repaid for your damages under defective brake accident. This should include a combination of economic damages and non-economic damages. Some examples of these financial and non-financial losses include:
- Rental car costs
- Out-of-pocket expenses
- Present and future medical bills
- Lost wages
- Loss of household services
- Reduced earning capacity
- Pain and suffering
- Loss of consortium
- Disfigurement or permanent scarring
- Diminished quality of life
Punitive Damages
Punitive damages can significantly increase the total value of your settlement. Unfortunately, they are not awarded in every case. Generally, punitive damages are only awarded if the defendant’s conduct is intentionally harmful or grossly negligent.
Nevada also has a cap on the amount of punitive damages that can be awarded. Under NRS §42.005, punitive damages can amount to three times the amount of your compensatory damages if your award is greater than $100,000. However, if your compensatory damages are less than $100,000, the most you can be awarded for punitive damages is $300,000.
This does not apply in every case. If your collision was caused by a driver who is under the influence of drugs or alcohol, there is no limit on how much you can be awarded in punitive damages. You can rely on your defective brake accident attorney in Henderson to notify you if punitive damages are likely to be awarded in your case.
Wrongful Death Lawsuits for Defective Brake Claims
It is not uncommon for defective brake accidents to claim the lives of those involved. In fact, according to Nevada Traffic Safety Crash Facts, the state saw 955 fatalities in 2021. If you are the surviving family member or personal representative of the deceased, you may have the right to file a wrongful death action under NRS §41.085.
Take Action on Your Legal Claim Before the Statute of Limitations Expires
You do not have an unlimited amount of time to file your car accident claim. Under NRS §11.190, injury victims have only two years to file a lawsuit after the collision. While extenuating circumstances could extend the amount of time you have to file your claim, this is a rare occurrence that generally only happens when the discovery date is after the collision or injury victims are under the age of 18.
It is also important to consider that the insurance company may impose claim filing deadlines. Every insurance company is different and can set its own deadlines based on policy terms. However, some insurance companies require claims to be filed in as few as 48 hours after the collision.
Connect with a Henderson Defective Brake Accident Lawyer Today
Defective brake vehicle accidents can be extraordinarily complex. Fortunately, you do not need to go through the claims process alone. With help from a dedicated Henderson defective brake accident attorney at H&P Law, you can fight for the compensation that is rightfully yours and take steps to ensure the liable party is held accountable for their negligence.
Our firm boasts 20+ years of experience advocating for injury victims right across Henderson, nearby Las Vegas, and across the state of Nevada, and over $1.6 billion has been recovered.
When you have suffered extreme physical injuries, severe financial losses, and devastating emotional trauma, our firm is here to help you get through these difficult times and move forward with your life. Schedule your no-cost, risk-free consultation today by filling out our quick contact form or calling our office to get started.
