Not all car accidents are fatal, but many cause injuries. It may surprise you to learn that many of these injuries are often caused by airbags. Although airbags can save lives during motor vehicle accidents, they can also cause various types of injuries, some of which are life-altering and often require extensive medical treatment and rehabilitation.
In this guide, Elliot Ifraimoff & Associates, PC, will explain airbag injuries and how working with a personal injury lawyer in Queens, NY, can help you build a strong case.
The Impact of Airbag Injuries in Car Accidents
Airbags are designed to save lives, but they can also cause significant harm. When deployed, airbags could lead to facial injuries, chest injuries, upper extremity injuries, burns, and even whiplash. These injuries range from minor bruises to severe, life-threatening conditions.
According to the National Highway Traffic Safety Administration (NHTSA), airbags have saved over 50,000 lives within a 30-year period. However, the same report indicates that 290 deaths were attributed to frontal airbag deployments between 1990 and 2008.
If you’ve experienced airbag injuries in a car accident, it’s crucial to understand your rights and the steps you need to take to build a strong personal injury case. Consulting with a personal injury lawyer in Queens, New York, can help you navigate the complex legal process should you find yourself in this predicament.
What Factors Can Strengthen a Case?
Building a strong personal injury case requires careful attention to detail and a thorough understanding of the legal process. Here are some key factors that can strengthen your case:
Seeking Immediate Medical Attention
One critical step in strengthening your personal injury case is seeking immediate medical attention after the accident. This action serves two essential purposes:
- It ensures your health and well-being are prioritized.
- It creates a documented medical record of your injuries, which can be crucial evidence in your case.
Being Honest With Your Physician About Your Airbag Deployment Injuries
When discussing your injuries with your doctor, it’s vital to be completely honest and thorough. Provide a detailed account of all your symptoms, no matter how minor they may seem. This information will help your doctor provide the appropriate care and create an accurate medical record that can support your case.
Adhering to your doctor’s treatment plan and attending all scheduled appointments is crucial for your recovery and your case. Consistent medical care demonstrates the severity of your injuries and your commitment to recovery.
Being Diligent About Collecting Evidence
Gathering and preserving evidence is a critical aspect of building a strong personal injury case. Here are some types of evidence that can support your claim:
- Detailed medical records: Ensure you have comprehensive documentation of all medical treatments, diagnoses, and prognoses related to your airbag injuries.
- Photographic evidence: Take clear, well-lit photos of your injuries immediately after the accident and throughout your recovery process.
- Witness statements: Collect contact information and statements from any witnesses to the accident or the immediate aftermath.
- Professional testimonies: Consider opinions from medical professionals or accident reconstructionists to support your case.
- Financial records: Keep detailed records of all expenses related to your injuries, including medical bills, lost wages, and any out-of-pocket costs for medications or assistive devices.
Factors That Could Weaken a Case
While certain actions can strengthen your case, others can significantly weaken it. You’ll want to take the following potential pitfalls into consideration:
Not Collecting Enough Evidence
Insufficient evidence can make it challenging to prove the extent of your injuries and their impact on your life. Without strong supporting documentation, insurance companies and courts may question the severity of your injuries or the connection between the accident and your current condition.
The burden of proof in a personal injury case lies with the plaintiff. Without sufficient evidence, you may struggle to demonstrate the full extent of your damages, potentially resulting in a lower settlement or even a dismissed case. Working with an experienced personal injury attorney can help you gather all the necessary evidence to build a strong case.
Being Unaware of the Statute of Limitations
New York Governor Kathy Hochul recently signed a new used car airbag law, highlighting the importance of staying informed about legal developments related to airbag safety. Similarly, it is crucial to be aware of the statute of limitations for filing a personal injury claim.
In New York, you generally have three years from the date of the accident to file a lawsuit. Failing to file within this timeframe could result in your case being thrown out altogether.
Not Consulting a Personal Injury Attorney
Legal representation is vital in personal injury cases, particularly those involving airbag injuries. The state of New York alone has approximately 187,246 lawyers, according to the American Bar Association. With so many practicing attorneys, finding a car accident attorney you can trust with your case is crucial, as not every one will serve your needs.
A car accident lawyer in Queens, NY, possesses in-depth knowledge of relevant laws and regulations. This knowledge allows them to navigate the complex legal landscape and ensure all rights are protected.
Experienced lawyers also bring valuable negotiation skills to the table, which can be valuable when communicating with insurance companies. Their familiarity with insurance company tactics and strategies can be invaluable in pursuing compensation.
For Help Navigating the Complexities of Airbag Injury Cases, Call Elliot Ifraimoff & Associates, PC
Airbag injuries can have long-lasting effects on your health and well-being. Understanding the complexities of these cases is crucial for building a strong personal injury claim. By following the steps outlined in this guide and working with an experienced attorney, you can enjoy a more streamlined process as well as professional legal advice and guidance.
At Elliot Ifraimoff & Associates, PC, we have extensive experience handling airbag injury cases and understand the process of determining fault in common car accident scenarios. Our team of dedicated professionals remains committed to helping you navigate the legal process and fight for compensation.
If you’ve suffered airbag injuries in a car accident, don’t hesitate to reach out to us. Call Elliot Ifraimoff & Associates, PC, at 718-205-1010 for guidance on your airbag injury case in Queens, NY, and the surrounding areas.
FAQ
What Are Some Common Types of Airbag Injuries?
Common types of airbag injuries include facial injuries, chest trauma, burns, and upper extremity injuries. These injuries can range from minor bruises to severe, life-threatening conditions.
What Is the Statute of Limitations for Personal Injury Claims for Airbag Injuries in New York?
In New York, the statute of limitations for personal injury claims, including those related to airbag injuries, is typically three years from the accident’s date. However, it’s advisable to consult with an attorney as soon as possible to ensure you don’t miss any important deadlines.
Can I Still File a Claim If the Airbag in My Car Was Defective?
Yes, you might be able to file a product liability claim against the manufacturer if the airbag in your vehicle was defective. These cases can be complex, so it’s important to work with an experienced attorney who can help you navigate the legal process.
How Much Compensation Can I Expect for Airbag Injuries?
The compensation you can expect for airbag injuries varies depending on factors such as the severity of your injuries, lost wages, pain and suffering, and medical expenses. An experienced personal injury attorney can help you estimate the potential value of your claim based on the specific details of your case.