While New Hampshire is the only State in the country where you do not have to wear your seatbelt, most drivers do. When you drive your car carefully and wear your seat belt, you have every right to expect that you will be reasonably safe. Unfortunately, sometimes a defective seat belt can cause injury even greater than the one you suffered from an already-traumatic accident. If you're in the situation of having to bring a suit against not just another driver who caused your accident, but also the car manufacturer who sold you a defective seat belt, it might seem overwhelming. Can you file a single suit, or do you need to file two separate suits? Where can you file the suit against the car manufacturer—do you have to go to its place of business? How do you determine the extent to which your injuries were caused by the accident, and the extent to which your injuries were caused by the defective seat belt?
You absolutely need a skilled New Hampshire personal injury lawyer to help you. There is so much specialized legal knowledge necessary to succeed in your suit, and a lawyer like Daniel Hynes will be able to navigate all of the issues. Call Daniel today for a consultation and advice on how to best proceed.
To prove that the seat belt is defective and that the car manufacturer is responsible, you'll need a lot of specific evidence. Your lawyer will be able to obtain the evidence, largely through using legal rules to force the car manufacturer to provide it, and then analyze it and weave it together into a cohesive and convincing case. There will still be a lot of legal questions to answer: what is considered “reasonably safe” for a seat belt? Are there industry standards as to the design and manufacture of seat belts? Did the car manufacturer follow those standards? If not, why not? Was the failure to follow standards intentional? Did the car manufacturer know that the seat belts were defective? If so, were steps taken to mitigate their errors? Was the defective seat belt a fluke in the manufacturing process that only happened in your car, or is the defect present in a large number of cars? Any of these issues could affect the likelihood of your case succeeding, and, if successful, how much money you can be awarded in compensation.
The car manufacturer might decide that, rather than having a public trial with bad publicity for the car brand, it would be better to have a settlement. A settlement is an agreed-upon amount of money paid to you by the car manufacturer, and in return, you dismiss your suit. If the car manufacturer offers you enough money to truly compensate your damages, a settlement might be the right decision for you. It will mean not having to wait several months until the court has an opening in its schedule to hear your case, and you won't have to take the risk that the jury won't agree with your case. On the other hand, a settlement will probably mean not getting as much money as you could possibly get at trial. Your lawyer will be able to advise you as to all of the possibilities and help you make the best choice for you and your family.
If you do go to trial, our lawyers will know how to select a fair jury, question witnesses, cross-examine the other party's witnesses, present technical evidence so that the jury can understand it, explain the law and the necessary legal standards to the jury so they can understand why the other party is responsible for what happened to you, present evidence of your injuries and their affect on your life and future earnings, and present analysis from experts that will help your case. At the end, the jury will decide whether to award you compensation and how much.
Call for a consultation today.
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Liberty Legal Services PLLC. Main office: 250 Commercial St #3020 Manchester NH 03101. (603) 262-3196