As anyone who has been in a car accident can attest, the experience is often traumatizing and can leave you feeling shaken up, even if you walk away from the crash without any serious injuries. However, some car accidents can cause more than just physical damage; they can also cause emotional and mental anguish. This is especially true if you or a loved one was injured by an exploding airbag.
If you or a loved one has been injured by an exploding airbag, you may be wondering if you are entitled to any compensation. The answer to this question depends on a variety of factors, including the severity of the injuries, the cause of the accident, and who is at fault. In some cases, the injured party may be able to file a personal injury lawsuit against the manufacturer of the airbag or the car itself.
Filing a Claim or Lawsuit After a Car Accident
Filing a claim after an accident is complicated, and this is especially true when there are a number of potential at-fault parties. The following sections will give you a brief idea of how a claim against a few different possible parties may be handled.
Against the At-Fault Driver
If you were injured in a car accident that was caused by the negligence of another driver, you may be able to file a personal injury lawsuit or insurance claim against that driver. In order to win your case, you will need to prove that the other driver was at fault for the accident and that their negligence resulted in your injuries.
These are the most common types of personal injury claims following car accidents, as it is typically one driver or another that acted negligently to cause the crash. However, even if your crash was clearly caused by another driver, you may be able to work with an attorney to file an additional lawsuit if your injuries from the airbag were egregious or due to a manufacturing or design issue.
Against the Airbag Manufacturer
If you were injured by an airbag that deployed during a car accident, you may be able to file a product liability lawsuit against the manufacturer of the airbag. To win your case, you will need to show that the airbag was defective and that the defect resulted in your injuries. You will also need to prove that the manufacturer knew or should have known about the defect and failed to warn consumers.
Filing a claim or lawsuit against an airbag manufacturer can be complex, as there are often many different parties involved in the design, manufacture, and sale of an airbag. An experienced personal injury attorney will be able to investigate your case and determine who may be held liable for your injuries.
Against the Car Manufacturer
If you were injured by an airbag that deployed during a car accident, you may also be able to file a product liability lawsuit against the manufacturer of the car. To win your case, you will need to show that the car was defective and that the defect resulted in your injuries. You will also need to prove that the manufacturer knew or should have known about the defect and failed to warn consumers.
Like filing a claim or lawsuit against an airbag manufacturer, filing a claim or lawsuit against a car manufacturer can be extremely complicated due to the many parties involved in the design, manufacturing, and sales process of a vehicle. An experienced personal injury attorney can help review the facts of the accident and work with professional advisors to help them make sense of where along the supply chain the defects in the airbag design were created.
Proving Negligence in a Car Accident Case
In order to win a personal injury lawsuit or insurance claim after a car accident, you will need to prove that the other driver was at fault for the accident. To do this, you will need to show that the other driver acted negligently.
There are four elements to proving negligence:
- The other driver had a duty to exercise reasonable care while driving;
- The other driver breached that duty by failing to exercise reasonable care while driving;
- You were injured as a result of the other driver’s breach of duty; and
- The other driver’s breach of duty caused your injuries.
Applying the Four Elements of Negligence To Airbag Injuries
You can also apply these steps to the elements necessary in proving that the airbag caused you avoidable injuries.
- The first step is to examine the duty of care that the airbag manufacturer or car company had to you as a consumer. Generally, companies have a duty to produce safe products and to warn consumers about risks associated with using those products.
- The second element looks at whether or not there was a breach in duty. In order for there to be a breach, the company must have failed to produce a safe product or to warn consumers about potential risks.
- The third element focuses on causation. In order for the company to be held liable, you must prove that your injuries were caused by the defective airbag or car.
- The fourth and final element is damages. You will need to show that you suffered some form of damages as a result of the company’s negligence. These damages can be physical, emotional, or financial.
Seeking Compensation for Airbag Injuries After a Car Accident
If you were injured by an airbag that deployed during a car accident, you may be entitled to compensation for your injuries. The amount of compensation you are eligible to receive will depend on the severity of your injuries, the financial impact the accident has had on your life, and other factors.
Some of the forms of compensation you may be able to recover include:
- Medical expenses (including future medical expenses)
- Lost wages (including future lost wages)
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Property damage
An experienced personal injury attorney will be able to help you determine what forms of compensation you may be eligible to receive and will fight to get you the full amount of compensation you deserve.
Taking Action After an Airbag Injury
If you have been injured by an exploding airbag, it is important to seek medical attention as soon as possible. Once you have received treatment for your injuries, you should then contact an experienced personal injury attorney to discuss your legal options. An experienced car accident attorney in Miami, FL will be able to review the facts of your case and advise you on whether or not you are entitled to compensation.
No one should have to suffer injuries because of a defective product, and if you have been injured by an exploding airbag, you may be entitled to financial compensation.
1-800-Injured is an attorney and medical referral service that can help you connect with an experienced legal professional in your area for a free, no-obligation consultation and case evaluation. Contact us right away to get started on your case today.