You can start the process of filing a defective airbag lawsuit by retaining an experienced product liability lawyer in Cape Girardeau. The right attorney will lead every step of the legal process, including investigating the airbag malfunction, filing the lawsuit, negotiating a settlement, and taking your case to trial if necessary.
Legal paperwork requires precision, knowledge of legal arguments and processes, and urgency. Rather than trying to figure this process out, let an experienced defective product attorney fight for the compensation you deserve.
Airbag Manufacturers Are Generally Liable for Their Defective Products
Defective airbag cases fall under the legal category of product liability. In this field, manufacturers often have strict liability for the products they create. Rather than having to prove negligence, the very fact that the manufacturer produced and sold a defective airbag may entitle you to compensation.
Strict liability is the law for product liability in nearly every state. Therefore, there is a good chance that you have a case against the manufacturer of a defective airbag.
Airbag Defects That May Warrant Filing a Lawsuit
When an airbag proves defective, a lawyer can determine why the defect happened. Three common types of airbag-related defects include:
- Design defects: Some products are defective because of a flawed design. Manufacturers have a duty to design airbags thoughtfully, according to industry standards, and with safety as the foremost concern.
- Assembly defects: When airbags are assembled shoddily or contain subpar materials, defects are inevitable. Manufacturers must oversee the assembly process and prevent defective airbags from reaching the marketplace.
- Failure to warn customers of airbag-related dangers: Airbag manufacturers and sellers must provide adequate warnings to prevent injury and death. You may have grounds for a lawsuit if the manufacturer did not provide sufficient instructions or warnings.
Product manufacturers know their duty to protect customers. There is no excuse for endangering those customers, especially in circumstances as dangerous as auto accidents.
Failures That Can Lead to Airbag Defects (and Make the Manufacturer Liable)
Your product liability lawyer will work to identify the specific failures that caused you to be exposed to a defective airbag. Your legal team may find that airbag manufacturers:
- Designed the airbag in an illogical way
- Failed to adequately test the airbag before releasing it for sale
- Knowingly ignored safety issues during the airbag testing process
- Used shoddy materials when assembling the airbag
- Assembled or installed the airbag improperly
- Failed to adequately instruct the customer about how the airbag works or who should not be exposed to the airbag
- Failed to warn the customer of potential airbag-related hazards
Strict liability dictates that it does not matter if the manufacturer knowingly allowed a defect to exist. The fact that the manufacturer exposed you to danger and that danger ultimately caused you harm is all that matters from a legal standpoint.
Injuries You May Suffer Because of a Defective Airbag
Injuries can result when:
- An airbag fails to deploy
- An airbag deploys when it should not
- An airbag deploys in an abnormal manner (such as with excessive force)
- An airbag projects dangerous debris or materials during deployment
One purpose of airbags is to reduce the chance that your head or neck will strike a hard object (like the dashboard) when an accident happens. With this in mind, some injuries that can result from airbag defects include:
- Skull fractures
- Traumatic brain injuries
- Neck injuries
- Spinal cord injuries
- Facial injuries (including eye-related injuries)
- Broken bones
- Punctured lungs
- Internal bleeding
- Other potentially life-threatening injuries
You should seek a lawyer with prior experience handling airbag-related product liability cases. Such a lawyer will understand the injuries that defective airbags cause and how to secure fair compensation for victims.
Should I Have a Defective Product Lawyer Handle My Lawsuit? Why?
You must determine if hiring a lawyer is the right decision, and you should weigh:
- The value of a lawyer’s legal knowledge: Your lawyer won’t have to waste any time learning about product liability lawsuits. Due to their education and training in personal injury law, your lawyer can start your case right away.
- The value of a lawyer’s real-world experience: A lawyer’s experience can be just as valuable as their legal training. Your attorney may have years of case experience on their resume, which is a strong foundation for starting your own case.
- A law firm’s financial support for your case: Your accident has caused enough financial uncertainty. Your lawyer will spare you from further financial stress by covering the upfront cost of your lawsuit. Your attorney will only earn a fee if they secure a settlement or jury verdict for you.
- The importance of your health: Don’t split your time between recovery and a lawsuit. Your health is most important (though your case is important, too). Follow your doctor’s orders while your defective airbag lawyer handles your lawsuit.
- The time investment required to hold an airbag manufacturer accountable: Underestimating the demands of a defective airbag lawsuit can be a massive mistake. If you assume you can handle the time and effort required to complete a lawsuit, you may quickly realize you are mistaken. More than any other, lawyers understand the demands of a lawsuit and are prepared to handle yours from start to finish.
Most states have adopted product liability statutes that can be relevant to your case. An experienced product liability lawyer will be familiar with such statutes and will leverage their knowledge in your favor.
What a Product Liability Lawyer Will Do to Secure Your Financial Recovery
Your attorney and their team will fight tirelessly for your financial recovery. Winning a defective airbag lawsuit is a step-by-step process that typically requires a lawyer to:
Investigate the History of the Airbag That Caused You Harm
The product that caused you harm may have caused others harm. Your lawyer will look for a pattern of defects among the airbag brands that caused you to suffer injuries. This may help establish the manufacturer’s failure to protect the public (including you).
Identify Specific Defects That Caused You to Suffer Injuries
Your attorney may work with experts in the automotive space to identify:
- How the airbag malfunctioned
- The cause of the airbag’s defect
- Who is responsible for the defective airbag
Several types of evidence may help illustrate the defect and establish who is liable for your damages.
Detail Damages Caused by the Defective Airbag
Your attorney will clearly illustrate the damages resulting from the defective airbag, and useful documentation may include:
- Photographs of injuries caused by the airbag defect
- Medical images of internal injuries
- Medical bills related to the defective airbag accident
- Expert testimony about physical and psychological harm you’ve suffered
- Statements establishing your lost income
- Any other documentation that helps prove the cost of your defective airbag accident
This documentation will be a central focus of your lawyer’s case.
Calculate the Precise Cost of Your Damages
Victims of defective products often face steep financial and non-financial damages. From medical bills to pain and suffering, your product liability attorney will identify every way in which the product manufacturer has caused you harm.
Negotiating a Settlement
Your lawyer will pursue a fair settlement, and this is how most civil cases conclude. Settlement negotiations typically require a lawyer to:
- Show evidence that an airbag defect did cause harm to the plaintiff
- Show documentation of the plaintiff’s damages
- Explain their calculation of the plaintiff’s case value
- Make a verbal case that brings together each of these elements
After presenting supporting evidence and documentation, your lawyer will make a precise, explicit settlement demand. Liable parties may reject the demands or make a lesser counteroffer. Your attorney will stand firm, insisting you receive the compensation you deserve.
Handling Any Necessary Trial
If an airbag manufacturer or other liable parties aren’t willing to meet your lawyer’s settlement demands, your case may go to trial. Your attorney will make your case for compensation in court, handling every step from discovery to closing arguments.
Handling Paperwork, Communications, and Other Aspects of the Case
Defective airbag lawsuits involve many responsibilities and moving parts. Let a lawyer handle this considerable undertaking while you focus on recovery. Your legal team will take care of everything from communications to paperwork.
Your Defective Airbag Case May Coincide with an Auto Accident Claim—a Lawyer Can Help with Both
Defective airbags often reveal their flaws when an accident happens. If you were involved in an auto accident, you may need to file insurance claims and pursue a lawsuit against at-fault parties.
The same attorney who handles your defective product lawsuit may also lead your auto accident claims. Cape Girardeau Personal Injury lawyers often handle both of these cases, and your lawyer may handle multiple causes of action at once.
Recoverable Damages in a Defective Airbag Case
Damages from a defective airbag (and possibly an auto accident) can affect you in several ways. Your physical health, psychological health, and financial standing may be rocked because of the harm you’ve suffered. Your lawyer will work to make it right by holding liable parties accountable.
Your recoverable damages may include:
- Motor vehicle repairs (if your vehicle was damaged during an accident)
- Lost income
- Diminished earning power (and any other professional damages)
- Medical costs
- Pain and suffering
- Treatment for pain and suffering
- Disability-related damages, such as medical equipment and changes to your home
- Any other economic or non-economic damages resulting from a defective airbag or auto accident
Some defective airbags malfunction in a way that claims the victim’s life. A lawyer can initiate a wrongful death action on your behalf, in which case your recoverable damages may include:
- Funeral and burial costs
- Loss of the decedent’s income, household services, and other types of financial support
- Loss of spousal companionship and any other non-economic benefits the decedent provided
- Survivors’ pain and suffering
- Grief counseling and any other pain and suffering you endure because of your loved one’s loss
- Hospital costs, vehicle repairs, and any other damages related to an accident
Your attorney will also account for any pain and suffering the decedent may have experienced because of the defective airbag or an auto accident.
When Should I Hire My Product Liability Lawyer?
There is no reason to delay before hiring a defective product lawyer. If you wait before hiring your attorney, you may:
- Miss the filing deadline for product liability lawsuits
- Allow time for liable parties to dispose of evidence
- Unnecessarily delay the resolution of your case (which can prolong your financial recovery)
- Spend unnecessary time worrying about your case’s status
You may feel a sense of relief once a product liability attorney takes over your case. Your attorney will update you regularly about your case status and provide instructions if you need to take any action.
How to Pick a Defective Product Lawyer for Your Case
Only you can determine which law firm fits your case properly. However, if you’re wondering how you might evaluate prospective law firms, you can start by considering:
- Whether the law firm regularly handles product liability cases
- Whether the law firm specifically mentions defective airbag cases in its branding or case results
- How positive or negative reviews from former clients are
- Whether the law firm regularly handles cases in your area
Daniel J. Grimm, Product Liability Lawyer
You can complete a free, no-obligation consultation with any law firm you might hire to handle your case. During this phone call, you may ask the law firm:
- Which attorney will be leading your defective airbag case
- How much the law firm charges, and whether it uses a contingency fee structure
- What case results the law firm has achieved when handling defective airbag cases (and other product liability cases)
- Why you should trust the firm as the steward of your product liability case
You should seek a firm whose representative provides assuring answers, seems honest, and shows you respect during the free consultation.
Find a Defective Airbag Lawsuit Attorney Today
As soon as you sign on the dotted line of your representation agreement, your attorney will begin the fight for your financial recovery. Remember that there are filing deadlines for cases like yours, so you should not wait longer to identify the right attorney to handle your lawsuit.