Introduction
The primary purpose of an airbag is to keep the passengers safe in case of a car crash, but if it is improperly set or faulty, it can cause severe injury to the passengers as well. If you’ve experienced harm from the deployment of an airbag, you may be considering legal action for compensation. We shall give attention to the factors that dictate the possibility of claiming for airbag injury, the significance of medical record analysis in your claim, and the necessary steps that you need to take in order to safeguard your interests.
Understanding Airbag Injury
What Are Airbags?
An airbag is a safety measure placed in a vehicle body to help in case of accidents, it can prevent airbag injury. They inflate instantly in relation to collision, and, act as an additional shield to avoid any impact during a crash.
Common Types of Airbag Injuries
While airbags are intended to save lives, they can also cause various injuries, including:
Bruises: Cuts and marks sustained from the impact of an airbag hitting aggressive force on activation.
Soft Tissue Injury: These include neck strain injuries that may be sustained from an excessive jerking forward.
Fractures: Since the airbag deploys at high speeds, it can injure your chest by fracturing or bruising your ribs.
Burn Marks: The construction materials of the airbags alongside the deployment charges used can burn upon activation.
Can You Sue for Airbag Injuries?
Grounds for a Lawsuit
You may have grounds to sue for airbag injuries under several circumstances:
- Poorly Designed Airbag: If an automobile airbag causes injuries via activation in a car collision, then it can be claimed that there was a product liability issue against its producer.
- Ineffective Attempted Action: If it can be proved that activating the airbag led to an injury, it may be claimed that the manufacture was at fault.
- Did Not Activate: As stated above, if the airbag did not activate and it can be proved that more severe injuries were sustained, action can definitely be taken against the company.
- Negligence: Not doing maintenance checks on an airbag or a vehicle also causes injuries to the passenger or the driver. Therefore legal action can be pursued.
Proving Your Case
To successfully sue for airbag injuries, you must establish:
- Duty of Care: An owner or manufacturer of a vehicle holds responsibility to make sure that an airbag is operational and safe to use.
- Breach of Duty: Noncompliance to the duty of care stems from design problems, operational mistakes, or even negligence.
- Causation: An injury sustained from the airbag or when the airbag was not deployed can directly attribute to injury.
- Damages: Injuries such as obtaining medical help, losing a job, or even suffering contributes to the damage.
The Role of Medical Records Review
Importance of Medical Records
In personal injury cases such as that of an airbag injury, medical documentation becomes paramount. It serves as proof to validate the injury sustained over the course of treatment and its subsequent effects on your life, amongst others.
How Medical Records Review Supports Your Case
- Establishing Causation: Shifting the focus from claim documentation, medical records can also assist in proving the injuries were a consequence of the airbag being deployed or malfunctioning.
- Documenting Treatment: Documenting airbag injury treatment remains subject to scrutiny. Medical record auditing serves as documentation for any treatment which is essential in claiming reimbursement.
- Identifying Long-Term Effects: These records help frame the long-term effects and injury might cause which is critical for legal representatives to win a case for the victim.
Steps to Take After an Airbag Injury
Medical Attention
It is important that you seek medical attention and first aid if you encounter any harm as a result of an airbag injury. This will ensure that you receive the appropriate treatment and care and also preserve your health. Also, it will allow document any harm you may have suffered as a result of the accident.
Photo Evidence of Injury
Collect as much evidence as you can regard the injury, for example:
Pictures of the location of the accident and the damage done to the car
Statements from bystanders
Notes from the police
Keep Records of All Treatment
All forms of medical treatment require thorough documentation, which includes:
Consultations with specialists
Medical examination
Treatment and rehabilitation
Finding the Right Attorney
If you suspect that there is an airbag injury case on hand, you should get in touch with a personal injury solicitor. They would enable you to properly claim and understand the stringent legal requirements to prepare and submit the claim.
Case Studies
Case Study 1: Airbag Deployment Injury
Summary: A driver sustained facial injuries when the airbag deployed during a minor car crash resulting in severe bruising and cuts.
Challenges: The insurance company contended that there was no relevance for their airbag filed injuries as they were self-inflicted.
Solutions: Reviewing the medical file in conjunction with their treatment proved the injuries were caused by the airbag. Expert witnesses were also used as proof that the force of the airbag induced the injury.
Case Study 2: Failure to Deploy
Summary: A passenger suffered severe injuries in a car accident due to the failure of the airbag. The additional sustained injuries were more crucial than what would have otherwise been anticipated.
Challenges: The manufacturer of the vehicle in question contended that the airbag system worked well and the injuries sustained were a result of the impact of the accident.
Solution: The lawyer prepared and undertook a detailed analysis of the injured passenger’s medical documents and vehicle servicing history. This information showed that the airbag system was malfunctioning before the accident and helped prove the case against the manufacturer.
Conclusion
Knowing how to approach the issue of being injured by an airbag during a car accident is just as important, or at least, knowing how to take personal injury claims for such cases is. If one is injured because of an airbag, an attorney should be contacted, but not before visiting a doctor to treat the injuries and securing evidence of the incident. Medical documents are the most important means for proving an issue in the case, and so every effort must be made to ensure that the claimant is justly compensated. Following the pointers given in this document, one is able to defend their rights and seek compensation for their injuries more effectively.
