This post was contributed by a community member. The views expressed here are the author's own.

Health & Fitness

Case Denied: Transportation & Products Liability

Keep in mind that there is a "Statute of Limitations" involved whenever filing a claim against a Transportation company, or against a Manufacture of a Product:
Statute of Limitations Defined:  
A type of federal or state law that restricts the time within which legal proceedings may be brought.

In most cases you have six months to file a claim against a Transportation (most often Trucking) company.  Generally you have one year in which to file a claim against a manufacture of a product.

You can expect to receive a letter stating that your Claim or Case has been denied within a few weeks of your filing the claim.  This normally takes place before  he Transportation or Manufacturing company has even started the investigation.  Main reason for this is that you have to "prove" your claim to them!

Once you have filed your claim, or received your denial letter, you can do one of two things!  You can provide documentation to them showing why you feel they are responsible for your injury, or you can hire an attorney to represent you.  Depending on the severity of your injuries and the actual proof you have will help determine what approach you should take.  Most attorneys will listen to what you have to say during the initial meeting for no charge.  If the attorney feels you have a case, they will tell you and work out the fee arrangements with you.  If you have a strong case the attorney will most likely take the case on a contingency bases (percentage) versus you paying hourly for the attorneys services.

You can expect a Transportation or Products liability claim to take anywhere from six months to two years to settle depending on the documentation you have, including but not limited to witnesses.  These types of claims should not be entered into unprepared and you should be sure of both the liability and the strength of your proof before proceeding.

DISCLAIMER: All Blogs and Blog Posts written by, created by, edited by, reviewed by and published by the Owner, Editor or Designer, Jeff Weiss, Jeffrey M Weiss or Weiss, are just "opinions! There is absolutely no "legal" bases or claimed legal bases for any of the statements. These "Blogs" and "Stories" are posted only for the enlightenment of the readers. When actual names are used the Reader should verify all the statements before formulating an opinion of their own. Nothing in any of these Posts should be considered "FACT" until the reader has verified it for themselves. Those who Post a response or reply do it at their own peril and this Blog Post and its owners do not share in or carry any liability or responsibility for their comments.

We’ve removed the ability to reply as we work to make improvements. Learn more here

The views expressed in this post are the author's own. Want to post on Patch?