When you are involved in a car accident, the impact can be jarring, both physically and emotionally. One common injury that can occur during a car accident is a concussion, which can result from the forceful deployment of an airbag. Concussions, although considered mild traumatic brain injuries, should never be taken lightly. If you or a loved one has experienced an airbag deployment concussion, always understand the legal options available to you. A car accident lawyer can identify all your options and lead the way in seeking the compensation you deserve for your injuries.
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What Is a Concussion?
Before exploring how a lawyer can help after an airbag deployment concussion, let’s first establish what a concussion is. A concussion is a type of mild traumatic brain injury (TBI) that occurs when there is a forceful blow to the head or body, causing the brain to move back and forth within the skull. This movement can lead to temporary changes in brain function, resulting in a variety of physical, cognitive, and emotional symptoms.
Why Concussions Can Be Serious
Although concussions are often classified as mild TBIs, they should never be underestimated. Even a seemingly minor concussion can have long-lasting effects on a person’s overall health and well-being. Some of the potential complications associated with concussions include:
- Prolonged symptoms: While most people recover from a concussion within a few weeks, some individuals may experience symptoms for a much longer period. These prolonged symptoms, known as post-concussion syndrome, can include headaches, dizziness, difficulty concentrating, and mood changes.
- Second-impact syndrome: Suffering a second concussion before fully recovering from the first can result in second-impact syndrome, a rare but potentially life-threatening condition. The brain becomes highly vulnerable to further injury, leading to rapid and severe swelling.
- Increased risk of future concussions: Once an individual has experienced a concussion, they are at a higher risk of sustaining future concussions. Each subsequent concussion can be more severe and take longer to recover from, increasing the likelihood of long-term complications.
- Cognitive impairments: Concussions can disrupt various cognitive functions, including memory, attention, and problem-solving abilities. These impairments can affect a person’s academic or professional performance and ability to carry out daily tasks.
Given the potential seriousness of concussions, it is critical to seek appropriate medical attention and legal guidance if you believe someone else’s negligence caused your concussion.
Other injuries caused by airbag deployment can include the following:
- Facial injuries
- Burns
- Lacerations and abrasions
- Fractures
- Spinal injuries
- Internal bleeding
- Respiratory injuries such as asthma from inhaling chemicals
- Cardiac injuries
- Soft tissue damage
- Harm to your eye socket
- Loss of hearing or sight
- Musculoskeletal damage
Types of Car Accidents that May Lead to Airbag Deployment
Airbags are designed to protect drivers and passengers during a car accident by deploying when a significant impact is detected. However, the forceful deployment of an airbag can itself cause injuries, including concussions. Some common types of car accidents that may lead to airbag deployment and subsequent concussions include:
- Rear-end collisions: When a vehicle is struck from behind, the force can propel the occupants forward, causing their heads to collide with the airbags. The sudden deceleration can result in a concussion.
- T-bone or side-impact collisions: In these types of accidents, the force of the impact can cause the driver or passenger’s head to strike the side airbags forcefully, leading to a concussion.
- Rollover accidents: During a rollover accident, the vehicle may experience multiple impacts, causing the airbags to deploy forcefully and potentially resulting in concussions for the occupants.
- Head-on collisions: These accidents happen when a driver negligently causes their vehicle to strike the front of an oncoming vehicle that is traveling in the opposite direction. The sudden force should deploy the airbag, which can cause injuries, including a concussion or more serious TBI.
- Sideswipe accidents: These occur when a driver negligently causes a forceful collision to the side of another vehicle that is traveling in the same direction. Depending on the area and force of impact, these accidents may also cause airbag deployment.
Who is Liable for Airbag Deployment Injuries?
Determining liability for airbag deployment injuries can be a complex process. Several parties may be held responsible, depending on the circumstances of the accident. The two primary entities that may be liable for your injuries are:
Negligent Drivers
In most cases, the driver who caused the accident due to their negligence will be held responsible for any resulting injuries. Negligent driving behaviors that can lead to car accidents and subsequent airbag deployment injuries include:
- Distracted driving: When a driver’s attention is diverted from the road due to activities such as texting, talking on the phone, or engaging in other tasks, they are more likely to cause an accident.
- Reckless driving: This includes behaviors such as speeding, aggressive driving, tailgating, or running red lights. These actions can significantly increase the risk of accidents and subsequent airbag deployment injuries.
- Driving under the influence: Operating a vehicle while under the influence of alcohol or drugs is not only illegal but also highly dangerous. Impaired drivers have slower reaction times and impaired judgment, increasing the likelihood of accidents and injuries.
If a negligent driver caused your concussion and subsequent injuries, a car accident attorney can help you hold them accountable and seek the compensation you deserve.
Airbag Manufacturers
In a small percentage of cases, the airbag may be defective or malfunctioning, leading to unnecessary injuries, including concussions. When a product defect causes harm to a consumer, the manufacturer may be held liable under product liability laws. Examples of airbag defects that can lead to injuries include:
- Failure to deploy: If an airbag fails to deploy during a car accident, the occupants are at a higher risk of sustaining severe injuries, including concussions.
- Overly forceful deployment: In contrast, if an airbag deploys with excessive force, it may cause more harm than it prevents, including concussions.
- Late deployment or unintended deployment: Timing is critical when it comes to airbag deployment. If an airbag deploys too late or unexpectedly without justifiable cause, it can lead to concussions and other injuries.
When pursuing a product liability claim against an airbag manufacturer, you always want to have legal representation from a skilled attorney with experience in handling such cases. A car accident attorney can navigate the complex legal landscape and help you seek compensation for your injuries.
Damages in a Car Accident Concussion Claim
When pursuing a car accident concussion claim, various types of damages may be available to compensate you for your injuries and losses. These damages can be broken down into two main categories: economic and non-economic.
Examples of economic damages include:
- Medical expenses: This includes the cost of any immediate medical treatment, follow-up care, rehabilitation, and any ongoing medical needs related to your concussion.
- Lost income: If your concussion has caused you to miss work, you may be entitled to compensation for your lost income during your recovery period.
- Future medical expenses: If your concussion resulted in long-term or permanent effects, you may be entitled to compensation for anticipated future medical expenses.
On the other hand, non-economic damages aim to compensate you for the intangible losses and impacts on your daily life. These damages may include:
- Pain and suffering: Pain and suffering includes both the physical pain and emotional distress you have endured as a result of your concussion.
- Mental anguish: A concussion can have a significant impact on your mental well-being, leading to anxiety, depression, or other psychological effects.
- Loss of enjoyment of life: The consequences of a concussion can prevent you from engaging in activities you once enjoyed. Compensation for this loss can help alleviate the emotional toll.
Remember that the specific damages available in your case will depend on your jurisdiction’s individual circumstances and laws. Consulting with a knowledgeable car accident attorney will help you better understand the potential damages you can recover.
How Can a Lawyer Help After an Airbag Deployment Concussion?
After sustaining an airbag deployment concussion, navigating the legal process can be overwhelming, especially when dealing with medical treatments and trying to recover from your injuries. Hiring a car accident attorney with experience in concussion cases can provide significant benefits, including:
- Legal experience: A knowledgeable attorney understands the intricacies of personal injury law and can guide and educate you about your rights and legal options. They will handle all legal aspects of your case, allowing you to focus on your recovery.
- Gathering evidence: A car accident attorney will thoroughly investigate the accident, collecting valuable evidence to support your claim. This may include obtaining the police report, interviewing witnesses, obtaining medical records, and working with accident reconstruction experts.
- Establishing liability: Determining liability is imperative for a successful concussion claim. A car accident attorney will analyze the circumstances of your accident, identify all potentially responsible parties, and build a strong case to hold them accountable.
- Negotiating with insurance companies: Dealing with insurance companies can be challenging, as they often try to undervalue or deny valid claims. An attorney will negotiate on your behalf, seeking fair compensation for your injuries and advocating for your best interests.
- Calculating fair compensation: Estimating the value of your claim is a complex task. A skilled car accident lawyer has the experience and knowledge to accurately calculate the full extent of your damages, ensuring you seek the compensation you deserve.
- Representing you in court: While many car accident cases are settled outside of court, some may require litigation. If your case goes to trial, an attorney will provide vigorous representation and present your case to a judge and jury.
- Providing support and guidance: Dealing with the aftermath of a concussion can be emotionally challenging. A compassionate car accident lawyer will be there to support you, answer your questions, and provide guidance throughout the legal process.
By enlisting the help of a car accident attorney, you can level the playing field and have a dedicated advocate fighting for your rights and well-being.
How to Pick the Right Lawyer for Your Airbag Deployment Concussion Case
When selecting a car accident attorney to handle your airbag deployment concussion case, choosing someone with the right experience, skill, and personal approach is crucial. Here are a few considerations to keep in mind when making your decision:
- Experience: Seek an attorney with a proven track record of successfully handling personal injury cases, particularly those involving concussions and car accidents. Experience brings knowledge and familiarity with the nuances of these types of cases.
- Knowledge: Look for an attorney experienced in personal injury law with extensive knowledge of the relevant legal principles, regulations, and precedents surrounding concussion cases. This knowledge can significantly impact the outcome of your claim.
- Communication and accessibility: Effective communication is essential when working with an attorney. Choose someone who is responsive to your inquiries and keeps you informed about the progress of your case. Accessibility and clear communication will prevent frustration and uncertainty.
- Client testimonials and referrals: Read client testimonials and seek referrals from friends, family, or other trusted sources. Hearing firsthand experiences can provide valuable insight into an attorney’s reputation and ability to deliver positive outcomes.
- Comfort and trust: Your attorney will be your advocate throughout the legal process; you need to have a good rapport and feel comfortable working with them. Trust your instincts and choose an attorney who makes you feel confident and reassured.
Remember, consultations with car accident attorneys are often free, allowing you to speak with multiple attorneys before making your final decision. Take advantage of this opportunity to ask questions, assess their qualifications, and determine who is the right fit for your case.
Did You Recently Suffer an Airbag Concussion? Contact a Skilled Car Accident Lawyer Today
If you or a loved one has suffered an airbag deployment concussion, don’t hesitate to contact a skilled personal injury attorney in Augusta, GA who has extensive experience in handling airbag concussion cases. They can provide the guidance and support you need to seek the compensation you deserve.
Consultations are free with no obligation, so never wait to begin the process of seeking justice for your injuries.