Whether you have a valid legal claim, and how you should pursue that claim, will depend on the particular circumstances of your case. An experienced products liability attorney can help posture your claim in the best manner possible to maximize your recovery.
When Can I File a Defective Airbag Lawsuit?
If you or a loved one suffered injuries due to a recalled airbag, you may have a legal cause of action against one or more defendants. This claim, filed to recover compensation for injuries you suffered due to a defective or dangerous product, is known as a product liability claim or suit.
Possible defendants in a defective airbag lawsuit include the automaker, the airbag manufacturer, the dealership which sold the vehicle, repair facilities that serviced the vehicle (including, potentially, the dealership and third-party service providers), and other individuals and entities, depending on the specific facts of the case.
Both drivers and passengers who suffered injuries in a crash due to a defective airbag may be able to file a lawsuit to cover their losses and damages related to the incident. Damages available in a product liability suit might include:
- Medical bills (current and future)
- Lost wages
- Lost earning capacity
- Miscellaneous costs related to the injury (e.g., renovating your home or vehicle to accommodate your accident-related disability, costs of getting to and from medical appointments, hiring help around the house, etc.)
- Funeral and burial costs (if the defective airbag caused your loved one’s death)
- Pain and suffering
- Emotional distress
- Loss of consortium
Additionally, if you owned or leased a vehicle subject to an airbag recall but did not suffer any serious injuries, you may be eligible to be part of a class action lawsuit.
Class Action Lawsuits Involving Recalled Airbags
You may also be entitled to damages if you purchased a vehicle with a defective airbag but did not suffer any physical injury. Some of these damages could include the following:
- The loss of value of your vehicle caused by the defect
- Damages provided by applicable statutes, including consumer protection laws
- The costs of having to rent a car while the vehicle is being repaired
- Expenses incurred while getting vehicle repairs, such as lost wages or child care
- Repair costs (If you have received a recall notice, your auto dealer should perform the repairs at no cost to you.)
What Do I Need to Prove in a Defective Airbag Lawsuit?
To file and successfully pursue a product liability suit, we typically must prove the airbag’s defect caused or contributed to your injuries.
We can help you determine if an airbag defect played some role in causing your injuries. This may require the opinion of a technical expert who can evaluate your airbag’s quality and design.
Our product liability attorneys will fully evaluate the facts of your case, including your crash reports and medical records to help determine the validity of your case and help you recover the damages you deserve. We can help gather the evidence you will need to prove all the aspects of your case.
Once we have the necessary evidence, we can seek compensation for all damages related to the crash.
Can I File a Lawsuit Even if My Airbag Was Not Recalled?
Your airbag does not need to be on a recall list for you to recover compensation for your injuries. While inclusion on the recall list can help bolster the argument that the airbag was defective, not being on the recall list does not preclude you from filing suit.
If you believe a defective airbag may have caused or contributed to your injuries, call our team. We can investigate and work with a product expert and accident reconstructionist to determine exactly how your defective airbag could have caused or contributed to your injuries.
Discuss Your Injuries with a Product Liability Attorney
If you were injured in a car crash, you may not know if a defective airbag caused your injuries. Our product defect attorneys can look at the evidence and determine whether you may be entitled to compensation.
Call Newsome Melton at 888-808-5977 to schedule your free consultation with one of our civil litigation attorneys. We may be able to establish that a defective airbag caused or worsened your injuries and help you pursue the compensation you need to put your life back together.
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