How Much Will I Receive in My Auto Airbags Settlement?
Car owners and drivers have the right to expect their vehicles to be safe. Airbags are supposed to protect us. However, there could be millions of cars on the road today with faulty airbags that could put drivers and passengers at risk of serious injury. While many car manufacturers issued recalls for potentially defective airbags in recent years, others have not recalled vehicles.
If you or a loved one suffered an injury due to a malfunctioning or airbag, you could file a personal injury claim and receive an auto airbag settlement. You could be entitled to compensation for your medical bills, loss of wages, and other damages. Morgan & Morgan is here to help. Contact us today for free and determine whether you qualify for a settlement.
The Dangers of Airbags
Airbags are designed to save lives and protect your body from severe injuries in car accidents. Figures from the National Highway Traffic Safety Administration (NHTSA) show that airbags save thousands of lives each year, with more than 50,000 lives saved by airbags from 1987 to 2017.
However, faulty airbags may not only fail to save individuals’ lives, but they can also cause significant injuries and even fatalities when they malfunction in an accident. According to the NHTSA, children are particularly at risk of suffering fatal injuries from airbags.
Auto Airbags Can Cause Serious Injuries
Airbags in vehicles can be located in various locations, such as the steering wheel, dashboard, and doors. When crash sensors detect an impact, inflation of the airbag is triggered, cushioning the blow of a collision. The whole process takes much less than a second. Airbags generally do not inflate in minor accidents at low speeds.
However, since airbags inflate rapidly, they can potentially cause serious injuries. In addition, escaping gasses and chemicals from inside the airbag can cause skin and eye irritation and respiratory problems.
Common Injuries From Airbags
Although airbags protect millions of drivers every day, they can cause injuries causing severe harm or even death. Common airbag injuries include:
Head and Brain Injuries
The head is particularly vulnerable during impact and can get violently pushed into an inflating airbag. As a result, injuries such as skull fractures, concussions, brain swelling, and others can occur. Head injuries from airbags can also include eye and dental injuries such as:
- Bleeding behind eyes
- Extensive bruising of the face
- Corneal abrasions
- Knocked-out or chipped teeth
- Eye injuries from shattered eyeglasses
Bone Fractures
Airbags deploy rapidly and forcefully at about 200 miles per hour. Any body part that comes into contact with a deploying airbag, such as the wrists, arms, or face, can be prone to bone fractures.
Internal Bleeding and Organ Injuries
Airbags, when inflating, can cause considerable pressure on the torso and abdomen during a crash. As a result, car occupants could experience damage to organs, such as the spleen, liver, heart, and lungs. Life-threatening internal bleeding can occur in severe collisions.
Car occupants could suffer from a range of other airbag-related injuries, such as:
- Burns
- Asthma attacks
- Lacerations
- Whiplash
- Lacerations
- Sprains
Defective Airbags
Defective airbags or crash sensors can be ticking time bombs in your car and cause significant injuries. Airbags inflating after a crash, for example, can complicate the rescue of victims or cause additional injuries. Examples of airbag defects include:
- Crash sensors failing to activate airbags
- Airbags deploying randomly
- Airbags inflating after an accident
If you suffered injuries from a defective airbag, whether as a vehicle driver or passenger, you could have a product liability case and file a lawsuit. You could be entitled to an auto airbags settlement covering your losses and damages. An experienced and dedicated personal injury attorney at Morgan & Morgan can help you navigate the legal process and hold the liable party to account on your behalf.
What You Could Receive in an Airbag Settlement
Knowing exactly how much victims of defective airbags can receive can be challenging, as each case is unique. The final settlement amount can depend on many factors, including the severity of the injury, medical costs, and others. However, if you or a loved one suffered significant injuries from an airbag, you could be entitled to a variety of damages, including:
- Lost wages and future lost wages
- Past, present, and future medical costs
- Modifications to your vehicle and home
- Physical pain and anguish
- Emotional distress
- Permanent disability
- Loss of life quality
Damages for Wrongful Death
If your loved one died due to a defective auto airbag, you could be entitled to an auto airbags settlement. Damages can include, among others:
- Loss of income from the deceased
- Loss of benefits such as health insurance
- Loss of companionship
- Funeral expenses
- Medical expenses
Losing a loved one in an accident is shocking and heartbreaking. Morgan & Morgan knows that compensation could never make up for your loss and grief. However, we could help you receive the compensation you need to pay your bills and move forward after your loved one’s death.
Takata Airbag Recall
Airbags made by the company Takata got recalled from 2013 onwards due to defective inflator units. According to Reuters, more than 400 injuries and at least 19 deaths occurred from defective Takata airbags in the US. In 2014, several well-known car manufacturers, including Chrysler, BMW, Toyota, and Honda announced the recall of more than three million vehicles. Takata airbags were found to rupture or explode and cause flying debris inside vehicles, potentially causing severe injuries.
After the mass recall, Takata filed for bankruptcy in 2017 and established three compensation funds for those suffering personal injuries due to its defective airbags. Anyone who suffered injuries or lost a loved one due to a faulty Takata airbag could have a claim and recover compensation from the trust funds. However, you could also be eligible to file a personal injury lawsuit against a car manufacturer.
At Morgan & Morgan, we see every day what happens when companies neglect the health and safety of consumers. We understand the struggle of injured individuals and their families, trying to rebuild their lives after suffering an injury or death in the family. We are here to help people like you get justice. Consider speaking to an attorney if you or a loved one experienced harm due to a defective airbag. We can discuss your legal options and help you file a claim for compensation if you are eligible.
Liability in Your Auto Airbag Case
Various parties can potentially be liable for your injuries and expenses if you suffered harm from a defective airbag, including:
- The airbag manufacturer
- The manufacturer of airbag parts
- A car manufacturer
- A car dealership
A personal injury attorney at Morgan & Morgan can assess your case and identify all potentially liable parties. You could have multiple avenues for recovering compensation.
Do I Need a Lawyer to File a Takata Trust Fund Claim?
You could file a claim for damages from a Takata trust fund on your own or with the help of an attorney. However, your success can depend on several factors, including the type of claim you are filing and how you complete the claims forms. Both can involve understanding complex legal issues. For example, filing a claim against the trust fund could bar you from filing a lawsuit against a manufacturer. An experienced lawyer who understands auto airbags settlements can protect your rights and advise you on the best course of action.
What Should I Do if I Am Injured by a Faulty Airbag?
Getting injured in a car accident can be painful, upsetting, and stressful. However, there are some steps you can take that could help you get compensation later on. Gathering evidence can be critical. If you believe that a defective airbag caused your injury, make sure to preserve as much evidence as possible, including the airbag. Make sure no part of the airbag or crash sensor is discarded after the crash, as these parts can be crucial evidence for proving your case.
Try to keep hold of the car, if possible, until investigators can determine what exactly happened. If you want to recover damages, you will most likely have to present evidence from the car’s computer, the airbag, and the car in order to prove your case.
Make sure you seek medical advice as soon as possible after the accident to take care of any injuries and obtain a medical report. As a next step, consider contacting Morgan & Morgan to clarify your options and next best steps. You should aim to do this as soon as possible. Our attorneys and investigators can help preserve time-sensitive evidence that could be essential for the successful outcome of your case.
How Can I Prove My Auto Airbags Case?
Defective airbag cases fall under product liability law, a type of personal injury case. In a product liability claim, the plaintiff (the injured person filing the lawsuit) must show that the product had a defect and caused their injuries. They generally have to prove that:
- The product had a manufacturing defect
OR
- The product had a design defect
OR
- The manufacturer “failed to warn” of a danger associated with the product
AND
- The defective product caused injury
- There are damages such as medical bills and wage loss
Evidence That Can Help Prove Your Case
Evidence required to prove your defective airbag case will depend on the facts of your accident but can include:
- The defective airbag
- Proof of injuries such as medical reports and photos
- Witness and expert witness testimony
- Photos of the accident and the defective airbag
- Proof of damages such as medical bills and receipt
How Much Does a Product Liability Lawyer Cost?
Most product liability lawyers work on a contingency basis, which means you would not have to pay any attorney’s fees upfront. The lawyer would receive a percentage of your settlement if you win the case. If you lose, your attorney will not receive anything.
However, it is important to note that you could be on the hook for some out-of-pocket expenses, depending on the law firm you work with, including:
- Fees for filing the lawsuit in court
- Deposition costs
- Expert witness fees
- Mailing expenses
- Charges for obtaining official documents
The Fee Is Free With Morgan & Morgan
We understand that injured individuals have a lot of expenses and worries after suffering a severe injury. Morgan & Morgan believes that you deserve the best legal representation regardless of your finances. You pay nothing unless and until we achieve a successful outcome of your case.
When Should I File an Airbag Lawsuit?
The statute of limitations restricts the amount of time injured individuals have for filing a lawsuit against a carmaker, airbag manufacturer, or other responsible parties. The filing deadline varies from state to state. Some jurisdictions give you only one year to file a suit. Filing after the deadline can result in having your case thrown out. Consulting with an attorney as soon as possible after your accident and injury can help avoid missing any deadlines for taking legal action and recovering compensation.
Let Morgan & Morgan Help You Fight Back
When corporations design faulty products or make mistakes in manufacturing, innocent people pay the price by losing their health or their lives. Morgan & Morgan is here to help victims receive what they deserve. We can:
- Analyze your case with professional investigators
- Identify all liable parties
- Gather evidence to build and prove your case
- Provide expert witnesses to testify on your behalf
- Assess your present and future damages
- Fight for a fair auto airbags settlement
- Represent your best interests strongly at trial
When you or a loved one suffers an injury due to a corporation’s negligence, Morgan & Morgan is here for you. As America’s largest personal injury law firm, we have recovered more than $20 billion for our clients and helped thousands of individuals and families put their lives back together. We could help you too. Our experienced and determined personal injury attorneys are ready to fight tirelessly for what you deserve. Contact us now and get the process started with a free case review.
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