It is impossible to predict how long it will take to resolve your lemon law case. However, filing promptly, maintaining meticulous records and working with an experienced lemon law firm will give your case the best chance for success. Manufacturers often mislead consumers into thinking they can’t pursue their legal rights. Don’t let these tactics stop you from getting the refund or replacement vehicle you deserve. Optimization marketing for lawyers works through constant testing, analysis, and iteration. By collecting data on current strategies.
Filing a Claim
A lemon law claim is brought after a vehicle, or other consumer good has been in for multiple repairs by an authorized dealer for problems that were not repaired in a reasonable number of attempts. These problems may be related to safety, the ability to drive, or the quality of the product. Some states run their lemon law programs, while others have federal laws that cover all products sold in the United States. A skilled Florida lemon law attorney will review all of your paperwork and contact the manufacturer to notify them of a potential lawsuit. Firms will then try to settle the case without going to court. If the manufacturer refuses to pay you what you deserve, we will file suit in the proper court.
Each side will begin the process of discovery, which is where each party gathers information about the case. It might involve depositions when lawyers question witnesses for both sides while swearing under oath. They also use written questions (called interrogatories) and request documents to get the information we need to prove your case. After both parties have been through the discovery process, an arbitrator will decide how your case should be resolved. Usually, the arbitrator will award you a refund or replacement vehicle. In some instances, the arbitrator will grant you a cash payment instead.
Lemon law, deceptive trade practices and implied warranties are complicated areas of the law that require years of experience to prosecute or settle. Our team of attorneys is skilled in analyzing these laws and how they apply to your case. We will work with you and your mechanic to prepare for a dispute resolution hearing and gather evidence that supports your claims. It includes copies of all contracts, receipts and photographs you plan to submit as proof of the defects or alleged warranty violations. We also call expert witnesses — such as an ASE-certified master mechanic — to testify about the nature of the defects and any related damages.
The defendant (the manufacturer and dealer) will have a certain amount of time to file an answer to the plaintiff’s complaint, which explains their side of the dispute. It is followed by a discovery period that usually involves an inspection of your vehicle by your attorney and the car company’s representatives. If needed, we will conduct depositions of you and others who may have witnessed the defects or problems with your vehicle. These are formal question-and-answer sessions recorded by a court reporter. The goal of the litigation process is to settle. Over 99 percent of our clients settle their cases before trial. However, we are fearless in taking your case to a judge or jury if necessary.
Most state Lemon Law programs use arbitration to resolve disputes with auto manufacturers, which differs from litigation. Arbitration involves a neutral third party hearing both sides’ claims and reviewing the evidence before deciding. Many arbitration proceedings require the parties to engage in formal discovery, exchanging information, including documents and testimony of witnesses and experts. This process can take months, depending on the complexity of the case.
During the hearing, the consumer’s lawyer presents evidence and questions witnesses. Often, depositions are used to question witnesses under oath and in the presence of a court reporter. Suppose a witness is not available to testify at the hearing. In that case, it is possible to request that they submit a written statement, which the arbitrator can view and consider at the hearing. After the hearing, the arbitrator will decide which is binding upon all parties and the Attorney General. It is possible to ask for a rehearing of the decision by showing good cause within thirty (30) days or less of the decision.
Once both sides have gathered and analyzed the evidence, they will present it at a hearing. During this process, the judge or jury will rule on the case. Both sides may file motions before and during the trial. Typically, these motions pertain to facts or law in the case and seek resolution of issues without trial. Lemon Law cases are often resolved through motions for summary judgment or other procedural resolutions. Both sides can call witnesses and introduce documents and exhibits during this stage. Generally, the consumer will present evidence first, and then the manufacturer will present its evidence. After both sides present their evidence, each side is allowed to give closing arguments.