Victims of GM Ignition Switch Defect May Still Struggle to Prove Claims

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General Motors (GM) announced that it would compensate victims of an ignition switch defect in some of the company’s small cars, but victims shouldn’t be too quick to believe that fair compensation will come without a fight. Although GM is ready to address its responsibility to those who were hurt or killed, victims and families of victims could run into hiccups with their claims because:

  • Victims still need to prove the validity of their claims. Victims who file claims will still need to prove that they were injured or lost a loved one in a crash directly related to the ignition switch defect. As some claims are many years old, and much evidence has been lost in the meantime, this could create problems. On the bright side, however, the program will not attempt to take into account any negligence on the part of the victim.
  • A compensation expert was hired to handle payouts. A compensation expert will be personally responsible for deciding payout in these claims, which has both risks and benefits for victims attempting to settle. However, in claims that are pushed to litigation, victims will be going up against General Motors’ legal team in court—not just the compensation expert.
  • There is no ceiling for claims, but there are few guarantees. While the compensation expert overseeing claims has expressed a willingness to fairly compensate families of victims who were killed and those who have been catastrophically injured, payouts for victims with more moderate injuries will be much more limited.

Experience matters in complicated and large-scale recall cases like this one. If you’re ready to work with a legal team that has valuable, hands-on experience maximizing and successfully resolving claims from injured clients and their families across the nation, call or email our team today.

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