Were you recently involved in a serious motor vehicle wreck? Have you suffered catastrophic injuries that are having a substantial impact on your life? Are you anxious to hold the liable party accountable and recover the compensation you deserve?
If so, an experienced Las Vegas defective brake lawyer at H&P Law can help you demand justice. Whether we file a claim with the insurance company or bring your case to trial, we will stop at nothing to make the at-fault party pay. This is your chance to demand reimbursement for your damages and suffering.
You do not need to go through this process alone. A respected Las Vegas product liability attorney at our firm can help you navigate your claim and get the most out of your case. Contact our office for a 100% free consultation today to get started.
Common Causes of Defective Brakes
Car brakes are perhaps one of the most important systems in a vehicle. Accordingly, it is essential to check them routinely and immediately fix any maintenance issues that may arise. That being said, sometimes it does not matter how careful a car owner is when it comes to vehicle maintenance.
Accidents do happen. When brake failure is the cause of a Nevada car accident, this can be due to a manufacturing defect. It could even be caused by poor maintenance that the car owner could not have reasonably foreseen.
Talk to a Las Vegas defective brake lawyer for help.
Who Can Be Held Accountable for Your Suffering
Potential defendants in a Nevada defective brake product liability claim include any entity that was part of the chain of commerce. This includes the wholesalers, distributors, manufacturers, retailers, and service providers, even if they do not know about the cause of the defect. Our investigation will uncover the truth.
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Defective Brake Accident Injuries
There are many ways in which defective brakes can lead to brake failure that causes a car, truck, or other motor vehicle accident. These may include defective power brakes, emergency brakes, parking brakes, or failures in the car’s brake shift interlock. Other examples include hardened brake pads or a faulty hydraulic system.
Should these issues arise due to a product defect, such as defective design, manufacturing, advertising, or negligent auto repair, accident victims may be entitled to monetary compensation through a product liability claim. There is not always an obvious connection between a defective product and an accident, however. A skilled and experienced personal injury attorney will adeptly prepare a case for trial with compelling arguments.
How to Maximize Your Compensation After a Defective Brake Accident
Filing a personal injury claim is the most common way to demand justice. However, you may not be sure whether you have grounds for a claim. There are three types of defects that exist under product liability law:
- Manufacturing defects: This claim alleges that despite the product being well-designed, the way in which it was manufactured made it defective and dangerous.
- Marketing defects: This claim alleges that the product failed to include proper warnings or instructions for the safe operation of its intended use.
- Design defect: This claim alleges that the entire product line is unreasonably dangerous because the design itself is defective.
Some examples of brake design defects include overheating brakes, cracking calipers, anti-lock brake system failures, defective parking brakes, and hydraulic lines susceptible to leaks. Moreover, examples of manufacturing defects include improperly installed hydraulic lines or improperly installed discs. If defects contributed to your accident, you may have the right to compensation for your damages.
Filing a Defective Brakes Insurance Claim
Nevada is a fault state for auto insurance claims. After your defective brake accident, do not file a claim with your personal auto insurance provider. Instead, you will file a claim against the liable party’s insurance policy.
However, do not lose hope if your insurance settlement is less than you were expecting. It is normal for insurance to only cover specific types of losses, and the insurance company is going to do everything in its power to avoid paying out the total value of your claim. Instead, turn this problem over to your defective brake lawyer in Las Vegas, NV, so that they can negotiate with the insurance company on your behalf. This can be the best way to protect your settlement and maximize your award.
Damages Available in Defective Brake Cases
As in most cases in which a victim is injured, it is the burden of the harmed individual to prove their case. There are generally four types of damages that are available to a victim of a defective brake accident, including:
- Pain and suffering endured as a result of the injury suffered
- Monetary damages for medical bills, property damage caused, and lost wages
- Loss of consortium as compensation for the injury in a marital relationship
- Punitive damages if the defendant’s conduct is considered egregious
However, you have the right to be reimbursed for every loss. These types of damages are known as compensatory damages and include a variety of economic and non-economic losses. Punitive damages are not an entitlement but could substantially increase the amount of your defective brake settlement.
Statute of Limitations in Las Vegas Defective Brakes Claims
Nevada, like all states, has a strict statute of limitations for personal injury lawsuits. According to the law, Las Vegas defective brake claims and other types of personal injury lawsuits must be filed within two years of the accident date. If extenuating circumstances are present, this deadline could be temporarily paused.
However, in most situations, you will only have two years from the accident date to file your lawsuit. If your personal injury claim is not submitted before this deadline, you can expect the court system to refuse to hear your case. This could severely limit your opportunities to recover the compensation you are entitled to receive.
The sooner we get started, the better. Time is running out to build a powerful case against the liable party. Your Las Vegas defective brake attorney will ensure your claim is filed well before the expiration date.
Meet with a Defective Brake Attorney in Las Vegas, NV
If you or someone you know has suffered an injury or been tragically killed in Nevada due to malfunctioning brakes, contact an experienced Las Vegas defective brakes lawyer at H&P Law. Our skilled team will fight for the compensation to which you or your family may be entitled under Nevada law when you call our office or submit our online contact form to request a free, no-obligation consultation today.