If you purchase a vehicle that has a recurring problem and a defect that cannot be fixed, you may begin to question if you bought a lemon. You may already be aware that each state has its own lemon law in place to safeguard you from the fuss and frustration of being stuck to a vehicle that does not meet the manufacturer’s warranty requirements. However, it can be perplexing to determine the steps that are necessary to invoke your rights within this law and manage the complicated legal process. This is why it is critical to seek the advice of an experienced lemon law attorney.
Lemon Law Attorney: Top Reasons to Hire One
The following are some of the benefits of retaining the assistance of a competent lemon law attorney.
They could assess whether your lemon law claim is valid.
There are numerous advantages to working with a lemon law attorney. Notably, you would have an advisor who is familiar with the lemon law’s complex rules. Before you invest your time and effort in pursuing a claim, a lemon law attorney can assess your lawsuit and evaluate whether the defect makes your vehicle considered a lemon.
While dealing with a car with a problem could be stressful and aggravating, the issue does not always mean the vehicle is a lemon. The law establishes standard criteria that must be met. Significantly, the defect should have a material effect on the vehicle’s safety or value. A lemon law attorney can help to determine whether the problems with your car qualify as a lemon.
Additionally, in order to ensure a valid lemon claim, you should establish the following:
- That you acquired the vehicle within the state;
- That the vehicle was still under warranty at the time the defect was discovered; and
- That the manufacturer was given ample time and opportunity to repair the vehicle.
Even if you are unable to assert a complaint under the Lemon Law, the attorney could advise you on any other available legal remedies.
They could assist you in making a viable case.
A lawyer will be accustomed to the tactics a manufacturer may use to have your case dismissed. They may attempt to argue that the vehicle’s problem arose as a result of normal wear and tear instead of a result of a defect already present even before the car was purchased. Given that manufacturers are accustomed to contesting lemon law claims, it is wise to retain the services of an attorney with experience handling these types of cases.
Regardless of how obvious it is that the car is a lemon, you must still build a strong case, and the lemon law attorney will be familiar with the necessary evidence and documentation. While the manufacturer should be given a chance to fix the problem, the number of visits to the repair shop varies according to the type of defect before you can file a suit.
Typically, four visits to the repair facility are enough — or just two in instances where the defect poses significant safety risks. A car may also be considered as a lemon if it has been in the shop for a maximum of 30 days or more. Your attorney can recommend how to adequately file these repair attempts in order to maximize the likelihood of a successful outcome in your case.
They are well-aware of the appropriate legal arguments to make.
A car is deemed a lemon if the damage occurred within its first 18 months of shipment or before it reached 18,000 miles on its odometer. While the legal presumption helps buyers to carry a lemon law claim, a manufacturer may still present a rebuttal argument. A lemon law attorney may know how to properly counter any argument made by the manufacturer in order to obtain the replacement or refund to which you are legally entitled.
It is critical to understand that your vehicle may still qualify for lemon law protection after the presumption period expires — as long as the defect occurred during the vehicle’s original manufacturer’s warranty period. A knowledgeable lemon law attorney would know how to formulate a strategy depending on your situation and how to gather data from the manufacturer.
They can guide you in the ins and outs of the legal process.
The legal process involved in bringing a lemon law lawsuit might appear daunting. Not only is it necessary to be familiar with specific legal procedures, but you must also be conscious of the relevant statute of limitations in your case. An attorney can assist you throughout the process and relieve you of the burden.
A lawyer will know how to draft and file your case’s needed documents properly. Additionally, they will understand how to navigate the discovery procedure and elicit essential details from the manufacturer. Furthermore, an experienced lemon law attorney would have extensive trial preparation experience — as well as the ability to argue persuasively as your representative in the courtroom.
They can help speed up the processing of your settlement claim.
When you retain the services of a lemon law attorney, you increase your chances of maximizing your settlement claim. An attorney will know what constitutes a reasonable settlement offer and can assist you in ensuring that you do not settle for much less than you deserve. A lawyer who regularly negotiates with car manufacturers knows how to assert one’s rights effectively and resolve the claim.
When you employ the services of an attorney, you gain additional bargaining power with the manufacturer — and the latter will have a greater motivation to settle your case. Because manufacturers are required by law to reimburse you for your court costs, attorney’s fees, out-of-pocket expenses, and, in some cases, a civil penalty, they understand that they may end up paying a sizable sum of money if your case proceeds to trial.
There is a big probability that they would be able to maximize your settlement compensation.
When you retain the services of a lemon law attorney, you increase your chances of maximizing your settlement claim. An attorney has knowledge as to what constitutes a reasonable settlement offer and can assist you in ensuring that you do not settle for much less than you deserve. A lawyer who regularly negotiates with car manufacturers will understand how to assert one’s rights effectively and resolve the claim.
Contact And Hire an Experienced Lemon Law Attorney
If you purchased a new or used car that failed to live up to the warranty, you could be eligible to sue under the lemon law. Having a lemon law attorney on your side can mean the difference between winning and losing your case.