How Much Will I Receive in My Auto Airbags Settlement?

When you’ve been injured in a car accident due to defective airbags, your focus is naturally on recovering physically, emotionally, and financially. If you’re considering legal action, one question likely looms large in your mind: “How much will I receive in my auto airbags settlement?” 

There is no simple answer to this question, as each case is unique.

While it’s impossible to provide a guaranteed amount, understanding the factors that influence settlements can give you insight into what to expect.

If you want to share the specifics of your case and get a better understanding of what a settlement may look like for you, contact Morgan & Morgan for a free case evaluation.

What Is an Auto Airbag Settlement?

An auto airbag settlement occurs when a manufacturer or another responsible party agrees to pay compensation for injuries or damages caused by defective airbags. These settlements are often reached outside of court, though some cases proceed to trial if an agreement cannot be made.

Defective airbags can malfunction in several ways, including:

• Failing to deploy during a collision
• Deploying with excessive force
• Deploying unnecessarily
• Containing dangerous defects, such as metal fragments or chemical malfunctions

When these issues result in injuries, victims have the right to seek compensation through a personal injury claim or product liability lawsuit.

Factors That Affect the Value of an Airbag Settlement

While no attorney can guarantee a specific amount, several key factors influence the value of an auto airbag settlement. Understanding these can help you manage your expectations and work with your legal team to build a strong case.

1. Severity of Injuries

The extent and seriousness of your injuries play a significant role in determining your potential settlement. Injuries such as traumatic brain injuries, spinal cord damage, burns, or broken bones often lead to higher compensation amounts compared to minor injuries like bruises or cuts.

Courts and insurance companies consider not only the initial medical costs but also long-term implications, such as:

• Rehabilitation and therapy
• Permanent disability or disfigurement
• Pain and suffering

2. Medical Expenses

The cost of treating your injuries will be factored into your settlement. This includes:

• Emergency room visits
• Hospital stays
• Surgeries
• Medications
• Physical therapy
• Follow-up appointments

Make sure to keep all receipts and records of your medical treatments to ensure these expenses are accounted for.

3. Lost Wages and Earning Capacity

If your injuries caused you to miss work, you might be entitled to compensation for lost wages. Additionally, if your injuries are severe enough to impact your ability to work in the future, you could also receive compensation for lost earning capacity. For instance, a construction worker who can no longer perform physical labor due to airbag injuries would likely be entitled to a larger settlement than someone who missed only a few days of work.

4. Emotional and Psychological Impact

In addition to physical injuries, many victims experience emotional and psychological trauma. This can include:

• Anxiety
• Depression
• Post-Traumatic Stress Disorder (PTSD)
• Sleep disturbances

Compensation for emotional distress is often referred to as “pain and suffering damages,” and it can significantly influence the overall settlement amount.

5. Liability

Liability refers to who is at fault for the airbag malfunction and resulting injuries. If it’s clear that the manufacturer was negligent, such as through defective design or failure to warn of potential risks, your case may be stronger, which could increase the potential settlement.

However, if there is shared liability—for example, if the airbag issue was exacerbated by improper vehicle maintenance or installation errors—this could reduce the amount you receive.

6. Punitive Damages

In some cases, courts award punitive damages to punish the manufacturer for gross negligence or willful misconduct. These damages are less common but can significantly increase the overall settlement. For example, if the company knowingly sold airbags with a dangerous defect, punitive damages may be awarded to hold them accountable.

7. Legal Representation

Having experienced legal representation is crucial in maximizing your settlement. Skilled attorneys know how to negotiate with manufacturers and insurance companies and can build a compelling case by gathering evidence, consulting experts, and advocating on your behalf.

Steps to Take After an Airbag-Related Injury

If you’ve been injured due to a defective airbag, taking the right steps can protect your rights and strengthen your case. Here’s what you should do:

1. Seek Immediate Medical Attention

Even if your injuries seem minor, seek medical care as soon as possible. Some injuries, such as internal damage or concussions, may not be immediately apparent but can have serious consequences if left untreated.

2. Document Your Injuries and the Accident

Take photographs of your injuries, the damaged airbag, and the scene of the accident. Keep a journal detailing your recovery process, including pain levels, medical appointments, and how the injuries have impacted your daily life.

3. Preserve Evidence

If possible, retain the vehicle and the airbag for inspection. This can serve as crucial evidence to prove the defect and establish liability.

4. Contact Morgan & Morgan

Contact an experienced personal injury attorney who specializes in product liability cases. They can evaluate your case, advise you on your legal options, and help you navigate the claims process.

Common Types of Airbag Defects and Their Consequences

Understanding the different types of airbag defects can provide insight into why these issues occur and how they affect victims. Common defects include:

Failure to Deploy

When airbags fail to deploy in a collision, occupants may suffer severe injuries that the airbags were designed to prevent, such as head trauma or chest injuries.

 

Unnecessary Deployment

Airbags that deploy without cause can startle drivers and lead to accidents. Additionally, the force of an unnecessary deployment can cause burns, broken bones, or other injuries.

Excessive Force

If an airbag deploys with too much force, it can cause injuries such as broken facial bones, eye damage, or burns. This issue is often linked to defective inflation mechanisms.

Exploding Airbags

Exploding airbags, often caused by defective inflators, can release metal fragments or chemicals, causing serious injuries or even fatalities. High-profile recalls, such as the Takata airbag scandal, highlight the devastating impact of this type of defect.

How Settlements Are Reached

The process of reaching a settlement typically involves several steps:

Filing a Claim 

Your attorney will file a claim against the responsible party, which could be the airbag manufacturer, the vehicle manufacturer, or another entity involved in the production or installation process.

Discovery and Investigation 

Both sides gather evidence to support their positions. This may include accident reports, medical records, expert testimony, and inspections of the defective airbag.

Negotiations 

Your attorney and the opposing party will negotiate to reach a fair settlement. If an agreement cannot be made, the case may proceed to trial.

Settlement Agreement 

If both sides agree on a settlement amount, you’ll sign a release form waiving your right to pursue further legal action related to the incident. Once this is completed, you’ll receive your compensation.

Frequently Asked Questions

How long does it take to receive a settlement?

The amount of time you have to file a personal injury claim, known as the statute of limitations, varies by state and the specifics of your case. However, some exceptions may apply, such as in cases involving minors, government entities, or when the injury wasn’t discovered right away.

It's important to file your claim as soon as possible to preserve your legal rights. Failing to file within the statute of limitations could result in your case being dismissed, meaning you may lose the opportunity to recover compensation for your injuries.

Since deadlines can vary by state and situation, it's best to consult with a personal injury attorney as soon as possible after the incident to understand the specific timeline for your case. An attorney can help ensure your claim is filed correctly and on time.

Will I have to go to court?

Many airbag cases are settled out of court. However, if a fair settlement cannot be reached, your attorney may recommend taking the case to trial. Morgan & Morgan boasts an army of over 1,000 trial-ready lawyers who aren’t afraid to see your case in court if necessary to fight for what you deserve.

How is my attorney paid?

Morgan & Morgan’s personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case. That’s right—the Fee Is Free®, and you only pay if we win.

Once you recover a settlement or successful court verdict, you can simply pay from that amount.

Can I still file a claim if my car is older?

Yes, but the age of your vehicle may impact the case, particularly if the manufacturer issued a recall for the airbag that wasn’t addressed.

How can Morgan & Morgan help?

While it’s natural to want a definitive answer to how much you’ll receive in your auto airbag settlement, the reality is that each case is unique. Factors such as the severity of your injuries, medical expenses, lost wages, and the specifics of the defect all play a role in determining your settlement amount.

To maximize your chances of receiving fair compensation, it’s important to work with an experienced attorney who can guide you through the process. At Morgan & Morgan, we’ve helped countless clients hold manufacturers accountable and recover the compensation they deserve. 

If you’ve been injured by a defective airbag, contact us today for a free case evaluation. Remember, you don’t pay unless we win.