Filing A Lemon Law Claim: What To Expect?
Sending in a claim for goods that do not meet the required quality and performance standards can be a daunting task to accomplish, especially if you are not experienced in such matters. Getting the benefits due to you with the help of a qualified attorney after a car you purchased go bad unexpectedly, is one of the best ways to protect yourself from scams. US state laws provide protection to consumers like you that might end up being lied to about your automobile purchase.
Expect the claim to reach the defendant manufacturer
Once you file a Lemon Claim concerning your disabled vehicle, the defendant manufacturer will be made aware of the complaint and the court summons made against them through the means of the Complaint and Summons process. Once the complaint is served, the manufacturer defendant is given up to a month to prepare and submit a response pertaining to the complaint.
The defendant may respond by filing a denial liability
Most defendants will respond to your complaint by filing a denial of all liabilities pertaining to your claim. In most cases, this is expected to serve as a reminder in the court proceedings or in the hope that your claim will be dismissed before the court hearing actually begins. However, it must be noted that although the defendant responded by claiming denial liability, it does not necessarily mean that he or she will fight your case to the end. Additionally, the defended might take on a “Hail-Mary” attitude in the effort of delaying the court process from reaching completion. Still, though, regardless of which position the defendant takes, eventually the case will be called up by the court so that the judge can start hearing arguments for or against both parties involved. In some cases and depending on the state where you are living, the trial date can be set for two years down the road.
Expect months or years for the process to complete
When filing a Lemon Law Claim, the process can take from a couple of months to even years, depending of course on how complex your case is. Many different reasons can play a role in the length of time your case takes for a decision to reach. These reasons involve venue, type of defects that the car has, which manufacturer is involved in fixing your car, who the manufacturer’s attorney is, how busy the lawyer is representing the manufacturer and the type of caseload the judge is dealing with at the time.
Your attorney will know beforehand what kind of evidence the defense has
By US law, before a Lemon Law Claim can go to court, each lawyer has the legal right to know what evidence the other side has with respect to the case. Before the trial reaches the courtroom, there is usually a “discovery process” or gathering of evidence process that each side has to carry out. The discovery process can take the form of answers given to any particular questions asked, oral disposition and requests for certain documentation. The discovery process usually starts immediately or after serving the Complaint to the defending manufacturer of the faulty vehicle and this process can serve for the basis of litigation to continue throughout the entire court case. This process is strategic and can help the defendant to plan his or her defense.
The defense might refuse to submit certain information
Oftentimes, the manufacturer and his or her lawyer might choose to withhold certain information from the attorney defending your case in an effort to drag out the entire process. This is intended to get you to “throw your hands in the air and give up the fight”. However, with constant lobbying and making complaints to the presiding judge by your attorney, the judge will eventually order the manufacturer’s lawyer to turn over any and all information that is withheld.
Your lawyer may file motions
Some manufacturers will downright refuse to release relevant and pertinent information to your attorney. When this happens, your lawyer will file certain motions in the court for the said information to come forth from the defendant manufacturer. The lawyer serving your cause, according to https://nealefhima.com/lemon-law/, should make every effort to see to it that your court case gets the preferential treatment it deserves. He or she will go to any lengths to ensure that all information from the defendant reaches them in a timely manner so that you can have a quick settlement. What’s more, the lawyer will work with you to answer any questions or written requests sent by the defendants to you.
You may have to face a deposition
In some cases, the defendant you are seeking compensation from for your vehicle might want to depose you. If this is the case, the lawyer defending your cause will attend your deposition hearings with you. He or she will prepare you for such a hearing and when the time comes, will be present with you for the said hearing.
The defendant will discuss a settlement with your lawyer
As the trial continues, eventually the defendant will approach your lawyer to discuss settlement issues with him or her. This can happen by means of a written document sent to your lawyer by the defendant’s attorney outlining settlement procedures or strictly the lawyer may pay a visit to the lawyer’s office that is defending your case.
Your attorney can advise you on the settlement
Instead of your lawyer leaving you to decide which settlement is good enough for you, he or she will sit with you and let you know if you should reject the amount offered by the defendant or accept it. However, the decision on whether to reject or accept it will fall into your lap. So, before signing on the dotted line and accepting a settlement, make sure to listen keenly to your lawyer and allow him or her to explain the various options you have.
Seeing the process of getting a claim out is usually a challenging task to complete on your own. You, therefore, should seek the help of a qualified barrister to guide you and even speak up for you when the time comes.
