We have all heard about the possible damages that airbags can cause when deployed during an accident. However, how do you know if your injury because of the airbag should be considered for a lawsuit? How do you know if you will win if you file?
Answering the second question is much easier, so we will start there. You don’t know for sure you will ever win any lawsuit. There are too many variables in any given legal action to guarantee a win. If an attorney promises you a hands down victory, they are probably lying.
The majority of airbags are safe and operate effectively. Airbags are considered a supplemental device to aid in the safety of passengers in a vehicle. They include crash sensors that will deploy the airbag upon impact. Since they were first installed in the 1990’s, airbags have been attributed to saving approximately 25,000 lives. They have also unfortunately been attributed to the deaths of almost 300 people and injuries to countless others.
There are several injuries a person could sustain due to an airbag deployment or defective deployment. Those could include things from minor burns and hearing loss to major injuries like blindness and broken bones, or even death. In order to determine if you have a good case, unfortunately you have to look at the severity of the injury. If an airbag deployed correctly and as a result, you had bruising and a small laceration that healed without incident, you probably don’t have a substantial case.
However, if an air bag failed to deploy, deployed incorrectly or if a defective airbag caused you major medical issues, you should speak to an attorney to go over your options. Compensation in a lawsuit involving an air bag can include payment of medical expenses, pain and suffering and other damages. If a death occurred due to an airbag not going off, the family may have the right to file a wrongful death action.
One important thing to remember about an accident involving an airbag, is that to file a lawsuit, and prove the defect or non-deployment, you must supply the actual proof. Without the proof of the defect, your case will surely fail. If you are ever involved in a car accident, do not let anyone take or junk your car. While in some instances, pictures may be helpful, having the actual vehicle available for tests to be conducted, and evidence to be collected from could mean the difference between winning and losing your case or even having a lawsuit filed at all.
Hopefully you will never be in the situation that you need to speak to an attorney regarding an accident involving an injury from an airbag, however if you are make sure you speak to an experienced Illinois attorney to go over all of your options. If you would like to talk to one of our lawyers about a case for free, call us any time at (312) 346-5320.