If you’ve bought a vehicle, and it has serious defects, a lemon law attorney can help you fight for the compensation you deserve. We’ll review how that process unfolds, and focus on a particular part of it: testimony from expert witnesses. There are many things that can go wrong with a vehicle, and it can be vital to your lemon law case to have experts testify on your behalf.
Building your lemon law case so it is strong and can withstand manufacturer challenges and an arbiter or judge’s scrutiny is your attorney’s specialty. The pursuit of your claim is built on a systematic process to ensure all aspects of your case are carefully considered to protect your rights. An experienced lemon law attorney will start with an initial consultation to learn about your situation and plan the way forward to win your case. Expert testimony is one element used to achieve that.
What The Typical Lemon Law Claim Process Looks Like
When you initially consult a lemon law attorney, they will ask you to describe your situation, and you will provide documentation to back up your claim. You’ll want to show the lawyer repair records and all correspondence that you’ve had with the dealer and manufacturer. The attorney reviews these and your description of what happened. Then, the lawyer will take these into account against your state’s lemon laws, and also federal law, to determine if you have a valid claim. Qualifying your vehicle as a lemon involves showing that it is exhibiting a defect that substantially impacts its use, value or safety. Your state’s lemon laws will require that the manufacturer get a fair number of repair attempts (often 3 or 4) to resolve the issue. Also, timeframes are important (these cover when the problem happened and often during a certain mileage timeframe, as well).
Once the attorney determines that the vehicle can qualify as a lemon, the next step is to prove the claim and pursue it so you can be compensated. A lemon law attorney provides the skill and experience you need to ensure your claim isn’t ignored, reduced, or delayed.
For more information on arbitration and other frequently asked lemon law questions, click here.
How a Lemon Law Attorney Can Help You?
As your attorney builds your lemon law case, they can bring in expert witnesses to help reinforce key points of your claim. The witnesses know how to spot defects and can testify about what the vehicle should look like, or run like, versus how the defect is causing problems. An automotive engineer has car design knowledge. A certified mechanic can testify about the repairs they’ve tried and why they didn’t work. Sometimes attorneys even contact experts who used to work for the vehicle manufacturer. These witnesses might know about hidden flaws or recalls that could support your claim.
Please note: Time is of the essence in lemon law cases. Contact Allen Stewart, P.C. today. We provide extensive experience winning lemon law cases across the country. Call us now (866-440-2460) or contact us online for your free case evaluation.
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Are Expert Witnesses More Necessary Now Due to the Complexity of Today’s Vehicles?
Today’s vehicles are much more complicated than they used to be. That makes expert witnesses a key part of your defense. Your vehicle is basically a computer on wheels—full of electronics, sensors, and software. That complexity makes it tricky to prove what’s wrong. An expert can simplify the tech-speak into plain English. This is vital, especially when the other side’s trying to dodge responsibility. Your attorney ensures that your claim satisfies the burden of proof so you can get the compensation you deserve.
There are many ways an expert witness’s testimony can help support your case, including in instances like these:
Complex Mechanical Defect: Suppose your vehicle’s transmission unpredictably shifts gears. An expert witness can explain the mechanical failure in plain language. Their testimony clarifies why the defect is serious and not easily fixable. This testimony can prove that the car’s value and safety are compromised.
Intermittent Electrical Issue: If your vehicle has a faulty electrical system, it can cause a variety of problems, including random shutdowns. An expert can testify about similar known issues in other vehicles. This shows that the problem is a defect, not just an isolated incident, strengthening your lemon law claim.
Countering Manufacturer’s Defense: If a manufacturer blames problems on poor maintenance, an expert mechanic can provide records to show that the defect is unrelated to upkeep. Their testimony helps prove the issue is a manufacturing defect, not the owner’s fault.
Lemon laws are confusing. Read our guide to the lemon law complaint process.
The above are just a few examples of expert witness testimony. Testimony can come from other professionals, too. A lemon law attorney may call on a variety of experts to testify in your case, such as in these scenarios:
Consumer Advocate: This witness can explain industry standards and consumer expectations. With regard to your case, their testimony can help establish a reasonable standard that the vehicle should have met, supporting your claim about a defect.
Forensic Accountant: A forensic accountant can analyze financial losses, such as repair costs and depreciation. This is to show the economic harm you suffered due to the vehicle’s problems.
So, the next question is: when can testimony from experts be used? Is it only used in court?
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Are Expert Witnesses Only Used in Court Cases?
Expert testimony is not only used in courtrooms. Expert witnesses can help during arbitration as well, should you go through that process instead of court. Most lemon law cases are settled. When your attorney negotiates a settlement, having an expert in your corner can give you an advantage. The expert can back up your claims about your vehicle’s defects and repair costs. This may help speed up the settlement, as the other side will often want to keep from going to court.
Allen Stewart, P.C. Aggressively Protects Your Rights in Lemon Law Cases
With all the frustration that can come with owning a malfunctioning vehicle, you need a lemon law attorney who can help you get the compensation you deserve. Allen Stewart, P.C. provides a free initial consultation. We will review the facts and should your vehicle qualify as a lemon, we will discuss how we will prove that so you are justly compensated by the manufacturer.
You need expert representation because the manufacturer will fight your claim and may even try to evade responsibility. There is no substitute for experience. Allen Stewart, P.C. has won numerous lemon law cases throughout the country. We are top lemon law attorneys in New York, Texas, California and in many other states. We fight aggressively for you, and we know the tactics manufacturers use to try to diminish or dismiss your claim. Allen Stewart, P.C. is the lemon law firm that gets results for its clients.
You may hesitate contacting a lawyer due to concerns about cost. Thanks to federal law, our clients pay nothing out of pocket. Call us now (866-440-2460) or contact us online for your free case evaluation.