February 17, 2014
By: Robert Silverman
The term “Lemon Law” has been around for a long time and while distressed drivers are aware that the statute exists, many folks are unaware of how the Lemon Law works, what they are entitled to, and how to go about hiring a Lemon Law Lawyer. We have covered this topic before but it does bear repeating.
First and foremost, when hiring a Lemon Law Lawyer, you want to make sure that they provide 100% cost-free legal help using the fee-shifting provisions provided by State Lemon Laws and the Federal Magnuson Moss Warranty Act. Under these laws, if you prevail, the manufacturer will pay all attorney fees and legal costs on top of what the consumer receives. Many folks ask “Is there any cost if I do not prevail?” The answer should be no. The way the laws are written there should be no cost and no risk to filing a claim. An experienced Lemon Law Lawyer should be confident in their work and not charge any out-pocket retainers.
In finding a Lemon Law Lawyer, you also want to ask about their firm and their legal resources. Throughout the Country, there are a number of Lemon Law Firms that have been in existence for decades, with highly experienced Lemon Law Lawyers offering counsel and guidance. You want to find a Lemon Law Lawyer who is not afraid to litigate if the manufacturer comes back with an unsuitable offer. You also want to find a Lemon Law Lawyer who has ASE-certified experts on staff to work with them to secure the best possible outcome, perform inspections, and testify on your behalf if needed. The bottom line is you want to make sure you have the ammunition needed in case you have to battle it out with the car companies. And often times, when a car company knows they are going against a firm who has beaten them numerous times in court, they may be willing to settle sooner than later.
Ask how long the firm they work with has been in existence. Make sure that this is not a new firm which may not have the infrastructure in place to properly handle your claim and your needs. Ask if they have been featured in news programs and consumer stories, what types of honors and accolades they have received, and if they have handled cases in every court throughout their jurisdiction.
Also ask about their experience with your particular make and model of vehicle. While every claim is different, and no attorney should promise any particular outcome, many times a Lemon Law Lawyer can make you aware if you’re experiencing a common issue or something that is rather unique. They may also be able to provide their opinion as to the type of outcome you could receive based upon review of your documents. At our firm, many of our Lemon Law Lawyers have been battling the same car companies for decades. They know the opposing counsel and they base their strategy on their previous experiences. This extra knowledge can play a a large role in securing a strong result promptly.
Always remember an educated consumer is an effective consumer. The stronger the Lemon Law Lawyer you have on your side, the more effective you will be in getting back on the road to recovery. For more information on what you need to ask when choosing a Lemon Law Lawyer, click here.