If a claimant believes he or she has a case connected to the Toyota recall or any other alleged product defect, it is important that the claimant, without delay, obtain advice from a suitable attorney. The law and procedures are not straight forward in these types of cases. Often large sums of money are involved with regard to the claim and legal costs. The risks are high and so are the stakes, both for the claimant and the manufacturer of the product.
Choose a Product Liability Lawyer With the Right Experience
Although it is not essential, it is highly advisable that a claimant choose a product liability lawyer who has had recent experience successfully fighting defective product cases. If the claimant can find an attorney who has handled a case dealing with the very product in question (e.g. a defective automobile), so much the better. Finding the latter, may only be possible in a major city.
The claimant may have to consult with the lawyer quite often. This is normal as the case progresses. If the case goes to court, consultations will probably become more frequent as the trial date approaches. It will be more convenient for the claimant if the lawyer's offices are fairly close as this will save time and travel costs.
Check the Lawyer's Reputation
If possible the claimant should speak to people on behalf of whom the product liability lawyer has acted in similar cases. They should be able to comment on the level of service delivered, the result of their claim and how much it cost in time and money. They may be prepared to say whether they would go to the same lawyer again in a similar case. The claimant can also find out whether the lawyer has good lawyer/client relationship skills and how well the lawyer explains difficult issues. Last and very important, the claimant can find out if the lawyer replies promptly to correspondence and emails and also returns calls quickly.
The Importance of a Preliminary Interview
It is essential for the claimant to have a meeting with the lawyer before formally engaging him or her. Important issues need to be discussed, including: the lawyer's specialist experience or qualifications, the type of claim, whether there is the possibility of a class action and how long the case might take to finalize (always a difficult call). It is important that the claimant feels that the lawyer will be easy to work with and the preliminary interview will give some indication of what the working relationship will be like.
Getting Help in Finding a Product Liability Lawyer
Other no less important avenues open to a claimant looking for a product liability lawyer are:
- Law Firms place advertisements on the internet. These internet advertisements can be useful if they have details about the specialist expertise of the firm or individual lawyers in the firm.The firm may state openly that it specialises in product liability. Sometimes the site will have information about cases that the firm has handled. A claimant can check whether or not the experience of the firm fits her or his product defect claim. It is important that the claimant not just rely on a legal advertisement when choosing a lawyer. All avenues should be explored.
- The claimant should find out from the local Bar Association if they have a referral system If so, the Association may be able to refer the claimant to a suitable local attorney.
- The Claimant should go the American Bar Association's website (site accessed 16th March 2010) set up specifically to help members of the public find a lawyer. It is a comprehensive site full of useful information for people seeking the services of a lawyer.
Court cases are not pleasant. A very important first step towards resolution and closure is for the claimant to engage a suitable lawyer. A close working relationship is about to be set up. It is vital that the claimant takes reasonable steps to find the correct legal representative.
Disclaimer
Nothing in this article shall construe the giving of legal or medical advice (or both). The article is not intended to take the place of legal or medical advice (or both). Always consult a competent lawyer or doctor (or both) before making important decisions arising out of a product defect claim or any other important claim.
Sources
- The American Bar Association's Family Guide with guidance on choosing a lawyer when buying a home. Website: http://public.findlaw.com (site accessed 16th March 2010)
- Canada Laws Website, article on how to choose a lawyer: Website: http://www.canadalaws.com/ (site accessed 16th March 2010).
John Bartels - John is a Lawyer (retired). A qualified Attorney, Notary Public and Conveyancer John has a BA,LLB from the University of Cape Town, South ...
Join the Conversation