There is no average settlement for airbags not deploying. This is because the outcome is not the same in every case. The seriousness of the accident victims’ injuries and other factors can affect the settlement amount that they receive.
Therefore, the settlement that one person receives in a car accident involving airbags failing to deploy can be very different from what another person receives in the same situation.
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Factors That Affect Your Settlement Amount
The biggest factor that affects the settlement amount in an accident in which airbags failed to deploy is the severity of your injuries. After all, the value of an injury claim is typically higher for more serious injuries as opposed to minor ones. However, other factors also might impact your settlement, including the role that the airbags played in your injuries and the availability of insurance coverage.
How Serious Your Injuries are
If you suffer catastrophic injuries or permanent impairment, your settlement is likely to be higher. Catastrophic injuries, like traumatic brain injuries, loss of limbs, and spinal cord injuries, can have permanent effects that fundamentally alter a person’s life.
Not only will you have increased medical costs, but you are more likely to require ongoing care and lose income. In a fatal accident, a wrongful death claim by surviving family members may result in an increased settlement amount.
How the Failure of the Airbags to Deploy Affected Your Injuries
The role that the airbag deployment failure played in your accident also can impact the ultimate settlement in your case. You must be able to show that the failure of the airbags to deploy resulted in you suffering injuries, as compared to no or lesser injuries had the airbags deployed. In other words, you must have proof that the lack of airbag protection directly caused or worsened your injuries.
How Much Insurance Coverage is Available
Multiple parties may be liable for causing your car accident, all of which can have different levels of insurance coverage available to pay for your injuries. A personal insurance policy that covers an at-fault driver must meet minimum amounts, as per the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), and in the case of catastrophic injuries, your expenses may be more than the available coverage.
If you can hold the airbag manufacturer or designer liable, however, you may have more insurance coverage available.
Parties who May Be Responsible for Airbags That Fail to Deploy
If you were injured in a car accident in which airbags failed to deploy, you may have a claim against various parties. These potentially liable parties may include:
- Airbag manufacturers
- Auto manufacturers
While the companies that are most often responsible for airbag failures designed or made the airbags, auto manufacturers also could be liable. If auto parts that connected the airbag were faulty or defective in some way, the airbags may not have operated correctly.
Proving Liability in Accidents Involving Airbag Failure
Unlike regular car accident claims, personal injury claims involving consumer products such as airbags fall under the category of product liability law. In a product liability case, you generally do not need to prove that a company was careless or negligent in creating a product. Instead, companies can be strictly liable for your injuries, which means that they are liable for injuries caused by their products, no matter what.
Even though the manufacturer (or other companies) may be strictly liable for the results of an airbag failure, you still have to prove some elements of your claim. You must provide evidence that:
- The airbags were defective in some way
- The airbags failed to deploy when they should have
- You did not make any changes or modifications to the airbags in your vehicle
- The failure of the airbags to deploy caused you harm
If you can provide sufficient evidence of these elements, you can work toward a settlement for airbags not deploying with the insurance companies for the responsible parties.
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Damages in Airbag Deployment Failure Cases
You may be eligible for different kinds of damages in airbag deployment failure cases, depending on the nature and extent of your injuries. You might qualify to seek economic damages, which involve concrete financial losses, such as:
- Medical bills
- Lost income while you are unable to work
You also might qualify to seek non-economic damages, which involve compensation for physical pain and suffering, emotional trauma, and permanent disability.
Contact Our Office Now for Help with Your Personal Injury Case
Reach out to our office to learn more about your case. Despite there not being an average settlement for airbags not deploying in motor vehicle accidents, we can evaluate your situation and determine the best course of action for you. Together, we can gather the evidence necessary to prove your claim.
Call the Law Offices of Anidjar & Levine today for a free consultation about your case. Remember, if you decide to hire our law firm, you pay us nothing upfront. We receive no payment until you get paid for your injuries.