Whether your lemon law case is for a vehicle, wheelchair, or farm equipment, keeping careful records and working with an attorney is important. An experienced lemon law attorney can level the playing field with manufacturers and negotiate a fair settlement for you.
To find a qualified lemon law lawyer, look for client testimonials and examine the lawyer’s confidence and communication skills.
Choose the Right Lawyer
Choosing a Florida lemon law attorney is one of the most important decisions a person can make in any lawsuit. The right attorney can help a client navigate the process quickly and smoothly, minimize stress and anxiety, and maximize the chance of success.
Once a person chooses an attorney, the next step is to gather evidence. A key piece of evidence is the number of repair attempts. In addition, it’s important to keep a detailed calendar or timeline of each repair attempt and the amount of time the vehicle could not be used because of the repairs.
During the discovery process, both sides and auto manufacturers’ representatives and experts question each other. These questions are formally known as interrogatories, requests for documents, and requests for admissions. The evidence gathered during discovery can be used at trial to support a claim or defense.
Most Lemon Law cases settle before reaching the trial stage. The purpose of a settlement is to avoid the cost, inconvenience, and uncertainty of a trial. Both sides may engage in settlement discussions anytime during the litigation proceedings. The judge can help facilitate these negotiations. The defendant (the manufacturer and dealer) must file an answer to the plaintiff’s complaint with the court. This explanation of their side of the dispute often includes their argument that the vehicle or consumer good does not qualify as a lemon under the state’s laws.
Regardless of the type of legal claim, whether it is lemon law or breach of warranty, the more evidence a consumer can produce, the stronger their case. Evidence can be anything from a stack of invoices or repair orders from the dealer to pictures, videos, or even a diary documenting dates and times a vehicle is in for repairs and unable to be used.
If a consumer successfully demonstrates that they have purchased a lemon, the next step will often be arbitration. Arbitration is similar to a trial in that both parties present their evidence and witnesses to an arbitrator deciding the due compensation. However, manufacturers have teams of attorneys to represent them in these proceedings, so having a skilled lemon law attorney on your side can help level the playing field.
In addition to gathering evidence, your lawyer can negotiate settlement negotiations with the manufacturer’s legal team, aiming for a resolution that provides you with a full refund or replacement of your defective vehicle. If the case does not settle during this stage, it may be necessary to file a lawsuit. Your attorney can guide you through this process and ensure all relevant steps are taken.
Communicate with Your Attorney
Your attorney will be your guide through the entire lemon law process. They will help you keep meticulous records, document each problem, and present strong evidence in court to win your case. They will also negotiate with the manufacturer to get you the best possible outcome, such as a refund, replacement vehicle, or cash compensation.
Whether your car has multiple serious problems or just one major issue, contact an experienced lemon law attorney as soon as possible. They can review your case for free and determine if you meet the requirements under state law to qualify for protection. They can also ensure you fulfill all consumer obligations and provide the manufacturer with reasonable repair attempts, including rental car expenses and expert opinions or evaluations.
Once your lemon lawyer has helped you file a complaint with the appropriate agency and sought arbitration, they will help prepare your case for trial and negotiate with the manufacturer. In a small percentage of cases, you may need to take your claim to court, but your attorney will guide you through every step to protect your rights.
Lemon laws are complex and can vary by state. By choosing a top-rated lemon law attorney, diligent record-keeping, and working with your attorney throughout the process, you can increase your chances of winning your case and getting the compensation you deserve.
In any legal case, including lemon law cases, evidence is key. Any documentation that shows you tried to resolve the problem with the manufacturer will help strengthen your claim for a refund or replacement vehicle. Your lawyer will explain what documentation is needed and suggest the best methods for gathering it. In addition to keeping receipts and timestamps for every repair attempt, you should keep a record of all written correspondence with the manufacturer. These records will help your attorney build a strong case and show you met the state’s lemon laws requirements.
Most states have lemon laws that require you to try resolving your dispute with the manufacturer through their informal dispute resolution program before filing a lawsuit. This process can include arbitration, where a single person (or a panel) reviews your evidence and decides on the compensation you should receive, if any. An experienced lemon law attorney can be invaluable at these meetings because they know how to deal with the manufacturers’ attempts to sway things in their favor.
Before hiring an attorney, check client feedback online and speak with potential candidates to ensure they have experience handling lemon law claims. Choosing an attorney who understands your state’s lemon laws is also important. Information about other states’ lemon laws may not apply to your case because each state has different requirements, deadlines, and entitlements.