Tire Defects ï¿½ What Consumers Need To Know About Damages
UPDATED: February 7, 2020
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Damages in tire defect cases vary from state to state. That’s why it’s always important to hire an attorney who is experienced and knows that you’re going to have different damages based on the different state laws.
Attorney Rick Morrison, an attorney in Alabama whose practice focuses on tire defects explains, “I handle cases in many states, but the laws are very different. For example, Louisiana doesn’t allow for punitive damages – the damages to punish and deter other wrongful conduct. So, in Louisiana you can’t get them, but you can in other states. Damages in general come in a variety of forms including your medical bills and what you’ve lost, as well as lost wages if you have not been able to work. They may also be based on future medical care when you’ve been injured and will need future care.
A lot of times, we represent victims who have been catastrophically injured where they will need what we call a ‘life care plan’ because they are paralyzed and will need specialized care. In those situations, we have to get experts who have been involved with this work and sit down with the injured person and their family and determine how much it will cost to take care of the victim. Sometimes the life care plans can be anywhere from five to ten to $15 million, which can be part of your recovery. So, the damages are likely to vary based on your injuries, the severity of the accident and the conduct of the company.”
Compensating the lawyers Compensating the lawyers in tire defect cases usually is done on a contingency fee, meaning that they will charge a percentage of what they recover and nothing if they don’t. However, consumers don’t always realize that some firms require the clients to pay for expenses up front. Morrison explained that the practice is not across the board and is not something that his firm does. “At our firm, we’re going to pay all the expenses of the lawsuit. If we take the case to trial and there’s no recovery for one reason or another, those expenses are borne by our firm. So, unless there’s a recovery, you’re not responsible for expenses or the law firm fee. That is standard practice for our office.”