How to Effectively Sue Ford Motor Company: A Comprehensive Guide

Identifying Legal Reasons to File a Lawsuit Against Ford

There are several legal grounds for suing a major company, including manufacturers like Ford Motor Company. These grounds range from issues involving personal injury to problems with a vehicle purchased from the manufacturer. For example, many Ford vehicles have suffered bad publicity over issues such as defective gas tanks, poor tire manufacturing or recalls resulting from multiple reports of injury or even death. If you or someone you know has been injured as a result of a defect or negligence on Ford’s part, you may be eligible to file a lawsuit against the manufacturer for compensation. The following are some of the most common reasons individuals or groups sue Ford: Defective Vehicles – Ford can be held liable for serious injuries and accidents caused by defective vehicles. If you can prove Ford sold a defective vehicle, your case could be successful. Safety Issues – Ford may be held legally responsible for selling vehicles that have dangerous safety issues. If you or someone you know was involved in an accident because the safety features in a Ford vehicle failed , you may qualify to sue. Breach of Warranty – Filing a claim against Ford for breach of warranty could be an opportunity for those who own defective Ford products that broke after the warranty expired. This can be tricky, though. The lawsuit must be filed when the car is still under warranty. Failure to Honor Recall Obligations – Sometimes, Ford fails to honor their obligation to repair a recall at no charge to the consumer. If you have experienced a defect that Ford failed to repair under warranty or recall, Ford may be held responsible for your damages. Regardless of the reason for your lawsuit, filing against a large company like Ford can be a complicated, time-consuming process. Although you are not required to hire an attorney to help with your case, doing so can greatly increase your chances of receiving the most money possible.

Collecting Key Evidence for Your Legal Claim

When it comes to suing the big boys at Ford Motor Company, you’re going to need some solid evidence to back up your claims and help you bring home a substantial settlement. Anything less than rock-solid documentation won’t be good enough. You’re going to need to keep your car maintenance records in order, a photo journal of the defects, communication records with Ford, and maybe even some expert testimonials to submit as evidence in your case against Ford. The right maintenance records will give you proof as to when the last maintenance service was performed on the vehicle. This includes oil changes, tire rotations, fluid refills, etc. If you tried to have the problem fixed and you have repair records or invoices for your services, you’ll need those too. Even something as simple as the date of your most recent oil change could mean the difference between winning and losing your case, so keep it on file just in case. You’re also going to need photo documentation of the problem(s). Take pictures of your car to show its condition, and take photos of the problems as you come across them. Having visual proof is going to set you apart from the rest of the cases against Ford. It’s going to make you credible and give meaning to your complaint. The more documentation you accumulate, the better off you are in the long run. Put together as much evidence as possible and keep it all organized, so you can submit it to your attorney later. Try to keep records of all of your interactions with Ford. Document the time and date of any phone calls, who you spoke with, and the phone number of the person contacted. Make sure you document every instance of written or electronic communication with the company whether it is an email, letter, text message, or even social media post. If you send the Ford a complaint in writing (something you should definitely do), then hang on to a copy so you can use it later. Once you have everything documented, it’s a good idea to get a professional to review the evidence and give their two cents about the matter. Sure, an overwhelming amount of evidence is great, but if you also have a source to back it up, you’ll have even more evidence to prove your case. Going back to our earlier example, if you have a professional vouching for your car’s state of disrepair and they can give an explanation as to why, such as factory defect or design flaw, then all the better. Get yourself a consultant to review your evidence and testify if necessary.

Determining the Strength of Your Case

When dealing with a large company like Ford, the strongest cases are those where there is a significant defect in the vehicle that affects its safety or significantly reduces its value. You should consider: Was there a clear and obvious defect in the vehicle? While some issues with a vehicle may overly irritate you or reduce the value the car has for you, if these things are relatively minor, you may have trouble bringing a strong case against Ford. However, if the defect is something that could severely compromise your safety, such as a problem with the braking system, or if the defect has been thoroughly documented by others, this could strengthen your case. What is the impact that this has had on the car? If the defect is something where the car has broken down 10 times in six weeks or refused to start on occasion, or if it uses three times as much gas as other vehicles, you might face difficulty in proving your case. However, if the defect has caused your airbags to fail, causing severe injuries, or if it has compromised the braking system and placed you in grave danger or if you spend twice as much on fuel every time you drive because of a problem with the fuel system or your car is suddenly worth thousands less than it was before you purchased it because of the malfunction, then you have a much stronger case against Ford. Has this been seen in other vehicles? If your vehicle is one that has not been documented yet, such as if it is an early model that hasn’t been through a recall yet, this may place you in a difficult position. If, however, it has been well-documented that the problem has been seen in over 100 other vehicles just like yours, this is a strong point in favor of pursuing a case.

Selecting Your Legal Counsel

When pursuing a lawsuit against a company as large and established as Ford Motor Company, you will want an attorney who has experience in the automotive industry. Your attorney should have the resources to investigate and research the issues with your vehicle thoroughly and will probably consult with experts along the way to help build a strong case. While there is value in soliciting a national law firm for your case, those larger firms that are prominent on television may not be a good fit for you. You want to find a lawyer with experience handling the type of case you have. Look for an attorney who has been recognized for their professional achievements and is willing to answer all your questions about your case. When it comes to making settlement decisions, be wary of accepting a low ball offer, but also be wary of a lawyer that refuses to negotiate for your best settlement opportunity.

Understanding the Legal Process

If you have decided to sue the Ford Motor Company, the process begins with drafting your complaint—usually with the assistance of an experienced class action attorney. In your complaint, you will need to identify the defendants and explain their relationship to each other, and the circumstances that make the defendants appropriate targets for your litigation (for example, if the company that manufactured the defective product is a subsidiary of Ford Motor Company, you may also want to name it in your complaint). You must also provide background on the nature of the lawsuit, and any statutory violations you believe apply to your claim, as well as a brief summary of the facts you intend to prove in your case. All of this must be contained in no more than 50 words if you intend to seek class certification based on expedited review. You will also provide a description of your class, such as whether you represent just affected current and former employees, vehicles that share the same type of defect, or some other definition. Finally, you will request that a jury trial be waived or selected, based on what you believe best suits your claim.
Once you’ve prepared your complaint, it will be filed with the court that has jurisdiction over your legal issue and geographic area. The court will then stamp your complaint with the date and a court seal, which confirms that it is recognized as an official court filing. After filing your complaint, you owe a duty of candor to the court—a legal obligation to report to the court anything that might call for reconsideration of its ruling on preliminary matters. If you are filing in a federal court, including the Southern District of New York or the United States Court of Claims, there are automatic scheduling orders that set specific dates for the filing of other papers and motions. If you are filing in a state court , you also must prepare and file a cover sheet, and serve a copy of your complaint on all other parties, including the named defendants and any attorneys for those defendants. You will need to keep a record of your service, such as a postcard you receive back from the clerk’s office in confirmation, which will be necessary for future filings.
Once you’ve served your complaint, the defendant will be responsible for filing an answer or other response, or having an attorney do so on their behalf. This response typically involves admitting or denying your allegations, and setting forth any affirmative defenses or counterclaims that the defendant has against you. Similar to your own complaint, the defendant will owe a duty of candor to the court and the other parties in the litigation if additional information becomes available that should alter the balance of its answer. Once the defendant has filed an answer, you will have a certain amount of time—typically 21 days in federal court—to file a reply, at which point the discovery phase of the litigation will begin.
During discovery, both sides have an opportunity to obtain evidence from the other through a variety of methods, including depositions, interrogatories, requests for production of documents, requests for admissions, and subpoenas. Once the discovery process is complete, the parties may participate in motion practice—submitting briefings about the case to the judge or magistrate assigned to the matter, including motions to depose certain witnesses, motions to limit the scope of discovery or extend the time to respond, motions to compel one party to comply with a request for evidence, and motions for summary judgment. A motion for summary judgment can be a successful strategy; if the judge agrees that the case cannot be proven as a matter of law as to the named plaintiffs, the case must be dismissed.

Possible Outcomes and Settlement Options

When it comes to suing Ford Motor Company, the question becomes whether you will be able to negotiate a settlement out of court. If you reach a settlement, then the case will not go to trial. However, if you are unable to reach a settlement, then the case will go through the trial process, and a judge or jury will decide the outcome. In many ways, Ford (and other automakers) would actually prefer to negotiate a settlement rather than go to court. No one wants to risk the chance that a judge or jury will award big damages. That said, in some cases, you may want to go to court because you have exceptionally strong evidence against Ford. Or, other times, you will go to court because Ford refuses to settle a case. In cases where there is overwhelming evidence of wrongdoing, and/or weak evidence from Ford’s side, the automaker will usually want to settle quickly to avoid trial. In other situations, Ford may use delay tactics to keep the case out of court. In fact, Ford may even spend more on legal fees over the long run than what the case is worth. However, Ford has a long culture of protecting their reputation and denying liability for serious past issues until they absolutely must settle. Any time there is litigation underway, Ford has a very strong financial incentive to settle. It doesn’t make sense to go to trial for a $20,000 issue if you can settle out of court for $7,500. If you do happen to go to trial, you may be awarded damages for things like loss of wages (if an injury sent you to the hospital for a long time), diminished enjoyment of life as well as past and future health bills, pain and suffering, and possibly even punitive damages (which are meant to punish the automaker).

Cost Considerations

When considering litigation against a major automaker like Ford Motor Company, it is prudent to have an understanding of related costs. Pursuing a product liability case requires an upfront financial commitment from the plaintiff as well as an understanding of the ongoing costs from beginning until the case is resolved.
First, there are legal fees. If a person hiring an attorney pays them hourly, then the cost can add up very quickly. An hourly fee of $300 per hour for 100 hours can cost you $30,000 before the case is even filed! Common rates are between $150 and $500 per hour. The cheapest $150 per hour equates to $15,000 in fees just to file the lawsuit, if the case proceeds to trial the fees to defend can be in the $100,000 range! Most people cannot afford to retain a lawyer on an hourly fee basis. Now, attorneys will work for all sorts of alternate fee arrangements, including fixed fees, billing in 1/4 hour increments, and discounted hourly rates. I think the best arrangement is a contingency fee – an attorney receives no fee unless you win your case. Contingency fees on normally range between 25% and 40%, with 33% (1/3) being the most common.
In concert with, or in lieu of, a contingency fee arrangement, a plaintiff may be required to pay certain court costs, which are associated with filing and prosecuting the case, and should not be paid directly to the lawyers . More commonly, attorneys are willing to advance such costs to avoid financial loss over time when plaintiffs cannot afford to pay litigation costs outright or through contingent fee deductions.
A lawsuit can be expensive, and might be more costly than you anticipate. Generally, in a personal injury case against an automaker, the company will have teams of lawyers and experts at their disposal. Those teams are expensive and can range in expenses from hundreds of dollars to several thousand dollars. All of these expenses add up over time, and it is not uncommon for the same $15,000 case to cost between $85,000 and $150,000 before the case goes to trial. Some common costs associated with prosecuting a lawsuit include: filing fees, deposition costs, expert report fees, expert testimony fees, copying fees, trial exhibits, jury fees, transcripts, travel to depositions, etc. If you do not have the funds to pay these costs or afford an attorney, there are some law firms that can help you, like my firm and the law firm I am associated with, both of which will in most cases advance costs on your behalf with no obligation to pay the costs back if you do not prevail in the case. That being said, you may still have future economic issues even if you win your case, so make sure to attorney’s take this into account.