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Call for Recall of Chrysler Pacifica Minivans

by / Monday, 20 November 2017 / Published in Car Accident, Personal Injury, Wrongful Death

The Center for Auto Safety has petitioned the National Highway Traffic Safety Administration to ask for an investigation and a recall of 150,000 Chrysler Pacifica minivans from the 2017 model year. According to the auto safety group, the engines can stall without warning.

Call for Recall of Chrysler Pacifica Minivans

TheCenter for Auto Safety alleges over 50 people have complained about stalling and Fiat Chrysler has not been able to fix the problem.

Fiat Chrysler has responded, saying it takes customer concerns seriously but is not aware of any crashes or injuries due to the issue. The company says it has been monitoring data and will respond accordingly if they find a safety defect.

The petition by the Center for Auto Safety was filed on behalf of an owner from Leesburg, Virginia. The petition also sites that Fiat Chrysler recalled 1,375 Pacifica plug-in gas-electric hybrids earlier this year due to a similar stalling problem, but is treating gasoline-powered minivans differently. The problem with the hybrid version was due to diodes failing in a computer. The company reacted to that problem by reprogramming the diodes or having them replaced by dealers.

Fiat Chrysler says the electronic controls are completely different on the hybrid versions.

Products Liability Lawsuit

You may be able to file a lawsuit to gain compensation for a lost one, or from your own personal injuries if you have been a victim of a manufacturing default.

In a products liability lawsuit, a plaintiff sues a manufacturer for damages if he or she is injured by a defective product. Often times a product is ruled “defective” as the result of a manufacturing defect, a design defect, or because of a failure to warn the public about the defect.
Failure to warn is an issue of negligence by the manufacturer, due to the fact the company failed to take precautionary measures and warn consumers of a possible danger. A manufacturer can only be found liable for damages if the injured consumer was using the product in the correct way it was intended to be used. A consumer is not eligible to collect damages if he or she was misusing the product in some unreasonable way. Some products liability cases are considered strict liability, which means the manufacturer can be found responsible for damages regardless of whether or not the manufacturer was found to be negligent.

Damages in Personal Injury Cases

There are two main kinds of damages that can be sought in personal injury cases: compensatory and punitive.

Compensatory Damages

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“Compensatory” means something that will compensate for the loss that occurs in a personal injury case. Typically, money is the compensation that a family or person receives. Compensatory damages means you may be eligible to receive money to compensate for:

  • Property damage
  • Loss of enjoyment of life due to injury (or death of family member)
  • Current and future medical bills to treat injuries or sustain life
  • Current and future lost wages or lost earning potential due to time spent healing from injuries
  • Current and future pain and suffering or emotional distress from injuries or loss of life
  • Loss of consortium, or damage to your relationship with your spouse or children

Punitive Damages

Punitive damages are used to punish the at-fault party for negligence or illegal activity that resulted in harm to someone else. The thought behind punitive damages is that if a company or someone has to pay a large sum of money, they might reconsider being involved in such reckless behavior again. The negligent party can also face criminal prosecution.

As with any lawsuit, you’ll want to understand the process. The best way to know how to proceed in a wrongful death lawsuit is to work with a personal injury attorney.

Burn Injuries

There are various factors that will determine a burn injury settlement, including: the severity of the burn injury and the extent to which a defendant can pay a settlement, and the way the burn happened.

There are various ways a burn injury can occur, including workplace injuries, arson, intentional burning, negligence, and faulty consumer products, such as the battery in the Hoverboards that are being recalled.

Additionally, the compensation for burn injuries will be based on the physical as well as emotional pain that the burn caused and will cause in the future. Because of the nature of burns, there is a great likelihood for them to cause emotional pain and suffering, as well as disfigurement and emotional reactions as a result. Damages will be awarded accordingly. For example, a person that has suffered a bad burn on their face will receive a larger damage award than someone that has suffered a scar down his or her back.

Two Forms of Wrongful Death Claim

In addition to the types of damages you can seek, if a family member was killed as the result of a burn injury, you are able to seek wrongful death charges. There are two forms a wrongful death claim can take: negligence, or intention. This means either the victim died as the result of a negligent act of the defendant. Or the victim died as the result of the defendant’s intentions to kill the victim. Some examples of negligence include: victim’s death as a result of medical malpractice or the victim dies as the result of a faulty engine in the car the victim was riding in. And example of intention is when the defendant is believed to have murdered the victim on purpose.

Proving a Wrongful Death Claim

For the defendant to be declared liable in a wrongful death claim, the claim brought must meet the same burden of proof that the victim would have had to meet if the victim was alive. In the case of a negligence trial, plaintiffs must show the defendant owed a duty of care to the victim, that the defendant breached this duty of care, and that the breach of this duty directly caused the death of the victim.

Bringing a Wrongful Death Claim

Often the deceased person’s surviving relatives, dependents or beneficiaries bring the wrongful death suit against the responsible party or parties, seeking monetary damages for their loss. Often times the jurisdiction determines the individuals who are able to bring the claim. Generally, the primary beneficiaries (often the spouse and children, or the parents) are able to bring a claim. While in some states parents of the deceased person may be also designated as beneficiaries. But, in most states, if the deceased person did not leave behind a husband or wife, any children or parents, there may be no one who will be able to bring a wrongful death claim.

In order to legally recover damages in a wrongful death action, there are some general requirements that must be met. They are as follows: (1) The death must have been caused by another’s negligence, i.e., it must be showed that the negligent person was at fault for the death; (2) if the deceased was alive, he or she would have been entitled to recover damages from the at fault party; and (3) the party or beneficiaries must meet the legal requirements to be allowed recovery of damages in the Wrongful Death action.

Wrongful death laws vary from state to state

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Not every state follows the same guidelines, principles, or rules. And each state has its own set laws regarding wrongful death. A personal injury attorney can help advise you on if your wrongful death claim is valid and can help you are you pursue a claim against the responsible party or parties.

“True” versus “Survival Actions”

Some states have “true” wrongful death acts. This is when the deceased person’s survivors or next of kin are able to bring a cause of action for their damages inflicted as a result of their family member’s death. Other states have acts called “survival actions.” This form of lawsuit is brought by the survivors on behalf of the deceased person. This cause of action is for the deceased person’s pain and suffering that resulted from the injuries that caused his or her death.

In many jurisdictions, when the defendant’s negligence contributes only in part or in tandem with other circumstances to a person’s death, and not just the sole cause, liability may still be attached to the defendant.

Working with a Personal Injury Attorney After an Accident

If you have been a victim in a car accident as the result of a manufacturing default, you should immediately contact a personal injury attorney that understands the specific laws around these types of accidents. They will be able to perform a full investigation and build your case. It’s crucial that you work with someone that knows the intricacies of the laws surrounding these types of cases as well as your specific state’s laws. The attorneys at Personal Injury Attorneys PLLC have experience handling personal injury cases such as car accidents, pedestrian accidents, and bicycle accidents. They will help build a case to ensure you receive everything you need to recover from your specific accident.

Personal Injury Attorneys PLLC

668 N 44th St.

Suite 300

Phoenix, AZ 85008

Phone: (623) 552-4959

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