Injured by a Defective GM Product but Didn't File a Timely Lawsuit? You Need to Know
Thursday, January 05, 2017By Richard Alexander
If you were in a car crash in a GM-family car because the car stopped running or if you were in a crash in a GM car and your airbags failed to deploy, you may have a right to sue GM even if your accident happened many years ago. A recent judicial decision found that the company engaged in bankruptcy fraud by failing to disclose these potential claims to the bankruptcy court. GM has asked the U.S. Supreme Court to review the case.
People nationwide have watched as GM defended several bellwether cases in which plaintiffs were horribly injured or even killed after their defective GM vehicles crashed. Others with potentially viable claims found them barred after GM filed bankruptcy, emerging as a new company free of pre-2009 products liability cases over its defective switches.
In California, these cases would normally be subject to a two-year statute of limitations. This means that lawsuits filed after two years passed would be thrown out as untimely. But a New York appellate court recently declared that because GM failed to disclose these potential claims against it, it misled the bankruptcy court into granting it immunity for accident that happened before 2009.
The upshot of this is that wrongful death and serious injury claims that happened before GM's bankruptcy may now be filed. This is true even though the two-year time limit for filing has long passed.
NBC News described the likely result of the appeal court ruling like this:
A federal appeals court ruling that General Motors can't use its 2009 bankruptcy to fend off lawsuits over faulty and dangerous ignition switches exposes the automaker to billions in additional liabilities, according to legal experts.
Even though the time frame to file has been extended due to this judicial opinion, it is still important to contact an experienced products liability lawyer right away. Evaluating these cases will take time and evidence and witness memories quickly fade or become unavailable.
You can find out whether your GM-family car is affected on the GM website. Take steps today to hold this automaker responsible for placing unsafe cars into public use. Affected vehicles span GM's lineup: Buick, Cadillac, Chevrolet, Oldsmobile, Pontiac, and Saturn.
If you or a loved one suffered major injuries due to a defective vehicle, contact the San Francisco personal injury attorneys at Alexander Law Group, LLP right away at 888.777.1776. We have decades of experience representing accident victims and their families. Call now: Delay could harm your case.