What You Need to Know About Class Action Lawsuits
Mercedes Benz was forced to bring a class action lawsuit against the manufacturer of its diesel car. In July, a former employee committed suicide, leaving a note blaming the automaker for his death. The same week the story hit the media, the New York Times published a story quoting lawyers involved in the case. According to their account, the company was not liable for the death. The case was subsequently dismissed by the courts.
Class Action Lawsuit Mercedes Benz
What does this mean for Class Action Lawsuits? Well, if a manufacturer is not able to show that they were responsible for someone else’s death, then the case is said to be ‘in contemplation’ and the defendant is not required to produce any evidence of liability. If the dismissal is based on the fact that the class action lawsuit is an improper suit, meaning there is no likelihood of success for the plaintiffs, then the judge may also dismiss the suit, and it will be entirely up to the jury to decide its outcome. (A recent high-profile case of this nature is the Noakes v. Ford Motor Company case.)
In addition, if the judge rules that the case was brought in bad faith, meaning that the attorneys used deceitful methods to encourage people to join the class action lawsuit, then the plaintiff has no guarantee that he will be compensated. (In fact, lawyers rarely offer this type of advice when dealing with potential class-action lawsuits.) It is important to understand, however, that even if the court rules in favor of the defendant, other class-action lawsuits may still proceed.
The recent Mercedes Benz case is rather extreme, but it is not an outlier.
Class action lawsuits are designed to protect those who have been wronged or harmed through some sort of commercial activity. If you are currently being sued for your car warranty claims, you might be wondering what your recourse is. In a class-action lawsuit, one group of people has standing to sue another. Because there are so many different cases filed against others who happen to be in the same industry as yours, your odds of having your case resolved quickly and fairly are slim.
A Mercedes Benz lawyer, who is no stranger to these sorts of cases, can help you bring your case to a conclusion before your warranty expires and you’re forced to purchase a new car.
In many states, the manufacturer is also guilty of negligence, since they should have warned you of the possible problems with your vehicle long in advance. In addition, Mercedes Benz is guilty of fraud, because it knew that its cars were defective long before the lawsuit started.
While Mercedes Benz is in the right, it is your responsibility to contact a qualified attorney as soon as possible.
If the manufacturer does not cooperate with you or your counsel, you will need to find an attorney on your own. In most cases, the attorney will recuit the manufacturer and use their arguments to help you win your case. If the manufacturer ignores your complaint, then you should consider hiring a second attorney to help you further. An experienced attorney with a strong record of winning Class Action Lawsuits will file your complaint and bring it to court, so he or she will know what questions to ask during deposition.
A good attorney will also be familiar with the Car Dealer Association of South Carolina, which represents the interests of car dealers in the state.
The Car Dealer Association of SC has a Car Dealer Section that will help you with all aspects of your case, from the initial consultation to the discovery process and beyond. Not only will your attorney be familiar with the dealership’s side of the story, but your attorney will also be familiar with the car dealership’s insurer. He or she will know how to set up a meeting with the car dealership’s insurer, as well as what to say to answer questions from the insurance investigator.
Having a good attorney representing you in a Mercedes Benz class action lawsuit will ensure success, regardless of whether you are trying to sue the manufacturer, the dealership, the repair shop, or others. Your attorney will work on your behalf, fight for your rights, gather evidence, interview witnesses, cross-examine experts, file discovery orders and deal with the car dealership and insurance adjuster. Only a qualified attorney can maximize your chances of success in a Mercedes Benz class action lawsuit by knowing the rules of the game and staying ahead of the competition. A good lawyer will have access to important information that can determine the outcome of your case. This information includes: