Product liability claims against a major auto manufacturer can be tricky.
Filing suit against Jeep for an alleged defect in a gas tank is what would be called a products liability case. Products liability cases require victims to prove to a court that a manufacturer released an unreasonably dangerous product into the marketplace. Doing so proves the defendant's "liability." We have to likewise prove that the product caused you personal injury or that it caused the untimely death of your loved one. Doing this establishes the case's "damages."
How do we do that? First, we need to put together an adequate story that Jeep produced a defective product. We start by investigating the vehicle, getting Jeep to turn over documents to us, and thoroughly researching the law. We then get with you and go over your losses, your medical records, and other information to get an idea of the extent of your losses. We then consult with experts---engineers, doctors, financial professionals, and others---to provide unbiased testimony that is backed by scientific evidence, which will be used at trial. This painstaking and detailed process requires the application of decades of products liability experience and a great deal of hard work.
Then, we take our case directly to the company. We send a demand packet that includes our case information, the law, our witnesses' statements, your records, and a demand for payment. Should that fail to produce a reasonable settlement, we file a lawsuit.
Who Is Eligible to File?
An important question in every gas tank lawsuit is, who can actually file a claim? Numerous individuals can be deeply hurt (either physically or emotionally) in an accident with the seriousness of a gas tank explosion, but the law only allows a limited class of people to pursue claims. Essentially, there are two types of legitimate claimants:
Personal Injury Victims
Survivors of Jeep gas tank accidents can sue the company for their injuries. This will typically be the drivers and passengers in the Jeep itself, but it could potentially be other drivers who were hurt when the gas tank exploded. The types of recoveries living victims could recover include:
- medical bills
- pain and suffering
- loss of income
- loss of enjoyment of life
- property damage
- rehab costs
Only the victims themselves can bring these claims, except in circumstances where a parent or guardian can bring a claim on behalf of a victim who is a minor or mentally disabled.
Wrongful Death Victims
When your loved ones are taken from us in Jeep gas tank accidents, you've lost not only a dear person, but all that they contribute to your life. The law generally allows spouses, children, parents, and sometimes even siblings to recover for expenses like funeral and medical costs, but also for what the survivors of the deceased have themselves lost:
- the income the deceased would have contributed over his or her life
- emotional pain and suffering
- loss of consortium
- loss of enjoyment of life
- "survival damages" for the conscious suffering your loved one experienced prior to death
Proving these damages in court will surely require the assistance of expert testimony. Our firm has decades of experience in finding, hiring, and utilizing the best experts to help the jury fully understand our clients' losses. The experienced trial attorneys at Grossman Law Offices have years of courtroom experience you can trust. If you've been hurt in a Jeep accident, call us at (855) 326-0000 for a free consultation.