California Toyota Recall Attorney Explains the Difference between Toyota Economic Loss Cases and Personal Injury Cases

By April 29, 2010 January 22nd, 2018 Toyota Recall Attorney

With all of the publicity surrounding the Toyota recalls over the last year and subsequent lawsuits, California Toyota recall attorney Emery Ledger has been bombarded with questions involving the legal options that people that have been affected by the recalls have. There are a number of legal issues that surround the Toyota recalls, but one of the most basic issues – and one that affects the most people – is whether you have a claim against Toyota and is so what type of claim do you have?

The Toyota recalls have spawned two basic types of lawsuits at this point. The first types have generally been filed as class action lawsuits and are based on economic losses. The second types have been filed as individual lawsuits for personal injury or wrongful death. An economic loss case can be based on a number of claims, however in this case they are mainly centered around a loss of value theory. In general, a loss of value claim asserts that the product that you purchase has lost its value, or its value has been diminished, through the fault of the manufacturer. In the case of Toyota manufactured vehicles, the theory is that the value of the vehicle has been diminished as a result of the defects themselves and the bad publicity that has surrounded Toyota over the last year. For instance, imagine that you purchases a vehicle last year for $30,000 and reasonably expected (based on past performance) that the vehicle would retain 90% of its value from last year until this year making the expected current value of the vehicle $27,000. Now, however as a result of the recalls and the loss of confidence that consumers have in Toyota your vehicle is only worth $20,000, then you may have a loss of value claim. As with all lawsuits, this is just an example and you should consult with a California Toyota recall attorney for specific advice about your situation.

The second type of case is a personal injury or wrongful death lawsuit. These are typically individual lawsuits that have been filed on behalf of someone that has been injured in a car accident or by the families of someone that was killed as a result of a car accident involving a Toyota manufactured vehicle. These lawsuits may potentially recover for actual damages such as lost time from work, medical bills and damage to a vehicle as well as pain and suffering. In the case of a wrongful death lawsuit, a claimant may be entitled to additional compensation based on loss of future earnings and other factors.

As you can see, the legal options available to consumers that have been injured – either economically or physically – by the Toyota recalls are numerous. The best way to know for sure what your own personal legal options may be is to consult with an experienced California Toyota recall attorney. If you would like a free and confidential evaluation of your specific situation, please call the law firm of Ledger & Associates at 1-800-300-0001 or visit them online at www.ledgerlaw.com.

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