Airbags are designed to protect drivers and passengers in the event of a crash. However, product defects can actually increase the potential for harm with these safety features. If you were injured by your airbags in a car accident, you could have a legal case against the manufacturer.
At Vaughan & Vaughan, we have helped countless accident victims recover the compensation they need. We can help you hold the manufacturer liable for injuries caused by defective airbags. Contact us today by phone or through our website to learn more about your options through a free consultation with an experienced Indianapolis car accident lawyer.
Filing a Product Liability Lawsuit
If you were injured by your airbags in a car accident, you might be able to recover compensation from the airbag manufacturer. Airbags have become a critical safety feature in motor vehicles. However, if there is a defect in these products, they can cause more harm than they prevent.
A defective airbag can cause harm in a variety of ways. If an airbag fails to deploy in a crash, you will not get the protection you expect. At the same time, an airbag deploying in a minor collision can be unnecessary and cause injuries when none would have occurred. Other defects can be present that can pose a variety of other dangers to drivers and passengers.
However, it is also important to understand that airbags can cause injuries even if they are functioning properly. If you were injured by your airbags in a car accident where they deployed correctly, you likely won’t be able to collect compensation from the airbag manufacturer for your damages.
Filing a Car Accident Lawsuit
If you were injured by airbags that deployed correctly and were not defective, you may need to file a car accident lawsuit to recover the compensation you need to cover your losses. While the airbag manufacturer would not be at fault for your injuries in this case, the party that caused the accident could be held liable.
Following a car accident, an experienced attorney can help you identify all the potentially liable parties so that you can recover the compensation you need and deserve.
Modified Comparative Negligence in Indiana
When filing a claim in Indiana, it is essential that you familiarize yourself with the manner in which the state deals with fault. Indiana uses a modified comparative negligence rule when assessing liability. Under this rule, multiple parties can be found to share in the fault for damages.
If you are found to be partially to blame, you will still be able to pursue damages as long as your level of fault is 50% or less. However, the amount you will be eligible to claim will be reduced in proportion to the amount of liability you hold. For example, if you were 10% responsible, the most you would be able to claim would be 90% of the full value of your claim.
In this example, if your damages are valued at $100,000, the most you would qualify to recover would be $90,000.
Damages You Can Recover After Suffering an Injury Caused by Your Airbags in a Car Accident
After an injury caused by your airbags in a car accident, there are a variety of damages you will likely be eligible to pursue. The exact damages that apply to your case will depend on the specific details of your accident and the injuries you sustained.
An experienced car accident attorney can help you identify all the damages that apply so you can recover the full value of your claim. All compensatory damages are divided between the categories of economic and non-economic damages.
All of the losses you suffer that have an impact on your finances are sorted into this category. Since these losses cover lost money, either through expenses incurred or income unearned, calculating their value is fairly simple. After an airbag causes an injury, the economic damages most often recovered include:
- Medical expenses
- Future medical costs
- Lost wages
- Lowered earning ability
- Property damage
- Money spent to complete daily tasks you can no longer perform yourself
Every loss not covered by economic damages is sorted into the broad category of non-economic damages. Assigning a dollar figure to these losses is far more challenging since they don’t deal with monetary losses. After an airbag causes an injury, the non-economic damages most often recovered include:
- Decreased quality of life
- Emotional distress
- Mental anguish
- Permanent disability
- Loss of companionship
- Loss of consortium
- Pain and suffering
In extreme cases, you may also be able to claim punitive damages. Punitive damages are not used to replace losses suffered by the accident victim. Instead, these damages are used to punish the liable party for the role they played in the accident.
For a judge to consider punitive damages, the at-fault party must have been criminally negligent or acted with the intention of causing harm to others.
Schedule a Free Consultation With an Experienced Car Accident Lawyer Today
The best way of recovering compensation after suffering airbag injuries in a car accident is by securing the services of an experienced attorney. At Vaughan & Vaughan, we have been helping injury victims recover compensation from those responsible for their damages for more than 100 years.
We understand the challenges you face after an accident and will work diligently to ensure you recover the compensation you need and deserve. Check out our case results to learn more about the outcomes we have achieved for our clients.
We offer free, no-obligation case reviews, so don’t hesitate to reach out to us today by giving us a call or filling out our online contact form.