Can You Claim for Airbag Injuries?

Yes, you can claim compensation for airbag injuries after a car accident when another party’s negligence or defective equipment causes or worsens your harm. Your claim may involve an at-fault driver, defective airbags, or faulty repair work. However, you need evidence connecting the airbag deployment to your injuries. Medical records, crash photos, and vehicle inspections can help. These records may also support compensation for treatment, lost income, and other accident-related losses.

If you suffered airbag injuries in a car accident, Todd Miner Law can review your claim and legal options. We examine how the crash happened, the airbag system, medical records, and insurance coverage. Our car accident lawyers identify potentially liable parties and challenge insurance arguments. We also pursue compensation for medical expenses, lost wages, and pain and suffering. Call 407-894-1480 for a free consultation with our Florida car accident lawyers.

When Can You File a Claim for Airbag Injuries After a Car Accident in Florida?

You can file a claim when another party’s negligence causes a car accident, and the airbag deployment causes or worsens your injuries. You may also have a claim when an airbag deploys improperly or fails during the collision. However, strong evidence must connect the car accident, airbag problem, or negligent conduct to the harm you suffered.

Common situations that may support an airbag injury claim include:

• A faulty airbag deploys with excessive force and causes burns, fractures, or head injuries.
• Faulty sensors trigger an airbag when the crash does not require deployment.
• An airbag fails to deploy and leaves you exposed to severe impact injuries.
• Another driver causes the crash, and the airbag deployment worsens your injuries.
• A defective airbag causes a serious injury to you or other vehicle occupants.

Who Can Be Held Liable for Airbag Injuries After a Car Crash?

A negligent driver, vehicle manufacturer, airbag manufacturer, or repair shop may be liable for airbag injuries after a car accident. Liability depends on who caused the crash, defect, or unsafe repair. In some cases, multiple parties may share responsibility for your injuries and related losses.

Here is when each party may face liability for your airbag injury:

1. Negligent Driver

A negligent driver may be liable when careless driving causes the crash that injures you. For example, speeding or distracted driving may cause a collision. As a result, you may seek compensation from that driver for crash-related injuries and losses.

2. Vehicle Manufacturer

Responsibility can shift to the vehicle manufacturer when the safety system itself has a defect. A poor design may affect when or how the airbag deploys. If that defect increases your injuries, you may have grounds for a product liability claim.

3. Airbag Manufacturer

An airbag manufacturer may be liable when the airbag itself contains a dangerous defect. For example, a faulty inflator may rupture or deploy with excessive force. Likewise, defective airbag materials may cause injuries beyond those expected from the crash.

4. Airbag Component Supplier

A single defective component can disrupt the entire airbag system. For example, a faulty sensor may send the wrong deployment signal. If that part causes the malfunction, the company that supplied it could become part of your claim.

5. Repair Shop

A repair shop may be liable when negligent work leaves your airbag system unsafe. For instance, a technician may install the wrong part or connect a sensor incorrectly. If that repair causes the airbag failure, the shop may share responsibility for your injuries.

6. Dealership or Seller

The dealership’s conduct also matters when it sells or services the vehicle. It may have performed unsafe repairs or failed to correct a known problem. Depending on the facts, its actions could make it responsible for part of your harm.

7. Previous Vehicle Owner

A previous owner may face liability when unsafe modifications directly create an airbag hazard. For example, the owner may disable the airbag or alter its wiring. However, you must connect that modification to the malfunction and your resulting injury.

In some cases, more than one party may share liability. For example, a negligent driver may cause the crash while a defective airbag worsens your injuries. Therefore, identifying every contributing cause can help determine which parties may owe compensation.

How Do You Prove the Airbag Caused Your Injuries?

You can prove the airbag caused your injuries by linking medical findings with evidence from the car accident and vehicle. Medical records can strengthen your car injury claim by showing when symptoms appeared and how doctors treated them after deployment. Vehicle inspections and event data can also show whether the airbag deployed improperly during the crash.

Here are key forms of evidence that can support your car accident claim:

• Preserve the airbag system: Keep the vehicle intact so experts can inspect damaged components.
• Download event data: Crash data may reveal impact forces, speed changes, and deployment details.
• Collect medical records: Records can connect chest, facial, or burn injuries with deployment.
• Document the crash scene: Photos may show contact with the steering wheel or dashboard.
• Inspect multiple airbags: Experts can examine the driver airbag and curtain airbags for problems.
• Use expert findings: Qualified experts can compare your injuries with crash forces and airbag performance.

Which Injuries Are Common in Airbag Malfunction Claims?

Common airbag injuries after a car accident include facial fractures, burn injuries, broken bones, chest injuries, and head injuries. You may also suffer eye injuries, blunt force trauma, or internal organ damage. In severe cases, the force of a crash or an airbag malfunction can cause temporary or permanent blindness and other lasting harm.

Here are some other car accident injuries you may suffer when an airbag malfunctions:

• Neck Injuries: Sudden airbag force can strain muscles and soft tissues in your neck.
• Hand Injuries: Your hands or wrists may suffer harm near the steering wheel.
• Respiratory Irritation: Airbag dust and chemicals may irritate your lungs and breathing passages.
• Dental Injuries: Strong airbag contact may chip teeth or cause other dental damage.
• Shoulder Injuries: Deployment force may strain your shoulder and limit normal arm movement.

What Damages Can You Seek for Airbag Injuries After a Car Crash?

You can seek damages for medical expenses, lost wages, future care, and pain and suffering after a car accident. You may also recover lost earning capacity when serious injuries affect your ability to work. However, your available damages depend on your injuries, evidence, and the type of legal claim.

Here are the main damages you may seek after an airbag injury:

1. Medical Expenses

Medical expenses can include emergency care, hospital visits, therapy, medication, and follow-up treatment. Additionally, severe injuries may require surgery, rehabilitation, or long-term medical care.

2. Lost Wages

Lost wages cover income you miss while your injuries prevent you from working. Likewise, frequent medical appointments can lead to more missed work and income loss.

3. Reduced Earning Capacity

Reduced earning capacity applies when lasting injuries limit your future ability to earn income. For example, permanent physical limits may prevent you from returning to your former job.

4. Future Medical Care

Future medical care can include treatment you will likely need after your claim ends. For instance, ongoing therapy, surgery, medication, or specialist visits may create future costs.

5. Pain and Suffering

Pain and suffering damages address physical pain, emotional distress, and reduced enjoyment of life. For certain motor vehicle tort claims, Florida Statute § 627.737(2) requires a statutory injury threshold for these noneconomic damages.

The threshold includes a qualifying permanent injury or significant permanent scarring or disfigurement. It also includes significant permanent loss of an important bodily function or death.

6. Disability and Scarring

Permanent disability or scarring can affect your mobility, appearance, independence, and daily activities. As a result, these lasting effects may increase your car accident settlement value.

7. Loss of Enjoyment of Life

Loss of enjoyment damages address activities your injuries prevent you from doing normally. For example, lasting pain may limit exercise, hobbies, travel, or time with family.

8. Out-of-Pocket Expenses

Out-of-pocket damages can cover reasonable costs directly related to your airbag injuries. These costs may include transportation, medical equipment, home assistance, or other necessary expenses.

9. Wrongful Death Damages

Wrongful death damages may apply when an airbag defect causes fatal injuries. Under Florida Statute § 768.20, the decedent’s personal representative brings the action. Eligible survivors can seek certain losses tied to the death and lost support. Florida Statute § 768.21 identifies recoverable damages based on the survivor and loss involved.

Does Florida PIP Cover Injuries Caused by Airbag Deployment?

Yes, Florida PIP can cover eligible airbag deployment injuries after a motor vehicle crash. Under Florida Statute § 627.736, PIP generally pays 80% of reasonable, medically necessary covered expenses. However, you must receive qualifying initial services and care within 14 days after the crash. Otherwise, you may lose PIP medical benefits.

Here is how Florida PIP may cover your airbag deployment injury:

• $10,000 Benefit Limit: PIP may provide up to $10,000 after an authorized provider determines you have an emergency medical condition.
• $2,500 Limited Benefit: Without an emergency medical condition determination, eligible PIP medical benefits are generally limited to $2,500.
• Additional Coverage: Health insurance may help cover eligible medical costs after available PIP benefits are used.

How Long Do You Have to File an Airbag Injury Lawsuit in FL?

Under Florida Statute § 95.11(3)(d), you generally have four years to file a product liability lawsuit. However, negligence claims generally carry two years under Florida Statute § 95.11(5)(a). HB 837 made that two-year period applicable to negligence claims accruing after March 24, 2023. Claims accruing before that date may remain subject to prior law. Therefore, your exact deadline depends on your claim type and when it accrued.

Here is how a car accident lawyer can help you protect the correct filing deadline:

• Identify Your Claim Type: A lawyer can determine which filing period applies to your case.
• Calculate the Filing Date: Your lawyer can review when your claim legally accrued under Florida law.
• Check Product Liability Rules: Florida Statute § 95.031 also sets special rules for product claims.
• Preserve Important Evidence: Your lawyer can secure medical records, vehicle data, and airbag system evidence.
• File Your Lawsuit Timely: A lawyer can prepare and file your case before the deadline expires.

Can Florida’s Product Repose Rule Affect an Older Vehicle?

Yes, Florida’s product repose rule can bar certain airbag claims involving older vehicles. Under Florida Statute § 95.031(2)(b), most products are conclusively presumed to have an expected useful life of 10 years or less. For those products, a claim generally cannot begin when the harm results from use more than 12 years after delivery. The statute measures delivery to the first qualifying purchaser or lessee.

However, different rules apply to certain listed products and products with specific longer-life manufacturer warranties. The statute also contains exceptions when use occurred within the repose period, but an injury appeared later.

Additionally, § 95.031(2)(d) allows tolling for qualifying concealment by a manufacturer. Specified manufacturer decision-makers must have actual knowledge of the alleged defect. They must also take affirmative steps to conceal that defect. Therefore, an older vehicle does not automatically eliminate every product liability claim.

How Do Insurance Companies Dispute Airbag Injury Claims?

Insurance companies dispute car accident airbag injury claims by challenging causation, severity, fault, and the airbag’s performance. They may argue that crash forces caused your injuries instead of a malfunctioning airbag. They may also claim the airbag worked properly or that your seating position increased your harm.

Here are other ways insurers may challenge your airbag injury claim:

• Request More Records: Adjusters may demand additional medical records before evaluating your claim fully.
• Question Repair History: Insurers may examine prior airbag repairs for installation or maintenance problems.
• Challenge Vehicle Evidence: They may dispute whether saved parts actually show an airbag malfunction.
• Question Expert Findings: Adjusters may challenge expert opinions about deployment force or defective components.
• Argue Prior Injuries: Insurers may claim earlier injuries caused some of your current symptoms.
• Dispute Lost Income: They may question whether your injuries truly prevented you from working.
• Challenge Future Care: Adjusters may dispute whether you need ongoing treatment or future medical care.

How Can Todd Miner Law Help Challenge the Insurer’s Decision?

At Todd Miner Law, our car accident lawyers challenge unfair insurance decisions with evidence and focused legal arguments. We first review why the insurer denied or reduced your claim. From there, we build a response around the facts, policy terms, and available records. We also handle negotiations and prepare your case for further legal action when needed.

Here is how our lawyers can strengthen your personal injury claim:

1. Review the Insurer’s Reasons

Our lawyers start by examining the insurer’s explanation for its decision. We compare each argument with your records, policy terms, and crash evidence. This review helps uncover factual errors, unsupported conclusions, or important evidence the insurer overlooked.

2. Build the Evidence Behind Your Claim

A strong challenge needs evidence that directly addresses the insurer’s concerns. Our team gathers medical records, crash reports, vehicle data, photographs, and other useful records. We use this evidence to connect your airbag injury, treatment, and losses to the crash.

3. Respond to Unfair Fault Allegations

Insurers may argue that your actions caused the crash or worsened your injuries. Our lawyers examine the evidence behind those allegations and challenge claims that lack support. We also present facts showing how the crash and airbag deployment caused your injuries.

4. Keep Your Claim on Track

Insurance disputes can involve strict filing and legal deadlines. Our team tracks those deadlines while gathering evidence and communicating with the insurer. This keeps your claim moving and helps preserve your available legal options.

5. Present Your Claim During Negotiations

Once we develop the evidence, our lawyers present a clear claim to the insurance company. We document your injuries, medical costs, lost income, and other covered losses. We also address disputed issues before discussing a fair resolution with the insurer.

6. Prepare for Litigation When Necessary

If the insurer refuses a fair resolution, our lawyers can prepare the case for litigation. We organize the evidence, develop legal arguments, and address disputed issues before filing. This preparation allows your case to move forward with a clear, well-supported legal position.

Call Our Florida Car Accident Lawyers To Pursue Compensation for Airbag Injuries!

Airbag injuries after a car accident can cause severe pain, costly treatment, and time away from work. You may also face lasting vision, head, chest, or nerve problems after serious crashes. Meanwhile, insurers may dispute whether another party caused the crash or whether the airbag deployment worsened your injuries. These challenges can delay your claim and make it difficult to secure fair compensation.

At Todd Miner Law, our lawyers bring 30+ years of experience handling car accident claims. Our founder is a former insurance defense attorney who understands the tactics insurers use. Therefore, we anticipate weak arguments, gather strong evidence, and challenge low settlement offers directly. Call 407-894-1480 or visit 915 Outer Rd, Orlando, FL 32814 for a free review with our Florida car accident lawyers.

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