I had an auto accident and the car had two recalls one which being on the airbag

So I was in an accident and I was at fault because I was dodging a car and I hit
the wall. I sustain body injuries but not broken limbs but I do suffer from back
and neck pain. The airbag did not fully deploy. one of the defects on the car was
the driver airbag. what should I do?

Asked on March 7, 2017 under Accident Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Those attorneys are probably right, unless your injuries are more severe than you are indicating in your question. The problem for you is twofold: 
1) You can only recover monetary compensation equal to your out-of-pocket (i.e. not paid by insurance or Medicaid/care) medical costs, lost wages (if any), and, for injuries lasting months or more causing significant life impairment or disability, some amount for "pain and suffering." (For injuries less severe than that, you can't get enough pain and suffering compensation or "damages" as to make seeking them worthwhile.) So if you have "back and neck" pain without some structual damage (e.g. ruptured disks), you won't get much, if any, "pain and suffering" compensation; and if your had minimal medical costs or lost wages, there is not much compensation available there, too.
2) But at the same time, you'd need to hire at least one expensive expert--a medical expert, like a doctor--to examine you, write a report, and testify; this can cost thousands of dollars and would be your cost--you can't get it from the other side. You very likely would also need a car or safety expert to testify about the defect in the air bag and how it contributed to your injury--more thousands of dollars potentially. And if you hire a lawyer, that's your cost, too. 
You could spend more on this lawsuit than you might get back, as a result of 1) and 2).
There is even a third issue: while you say  were not at fault because you were "dodgng a car," it's possible that a court could find that it was your fault--that you should have been able to avoid hitting the wall. (Generally, when you hit a stationary object, it is your fault.) If the court did consider it to be even in part your fault, that would further reduce you ability to collect money.

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