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I had a 2009 jeep compass and had
a wreck on 3/16 this year. Went
through a fence row and none of my
airbags deployed. So do i have
rights for a lawsuit
Asked on March 30, 2017 under Accident Law, Kentucky
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
If you were NOT injured in the accident, you would not recover much of anything in a lawsuit against the manufacturer of the defective airbags.
If you were injured in the accident due to the defective airbags, then you would have a personal injury claim against the manufacturer of the airbags. Upon completion of your medical treatment and release by the doctor, you would obtain your medical bills, medical reports, and documentation of wage loss. Compensation for the medical bills is straight reimbursement. The medical reports document your injury and are used to determine compensation for pain and suffering, an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the airbag manufacturer's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the airbag manufacturer's insurance carrier, reject the settlement offers and file a lawsuit for negligence and strict liability against the manufacturer.
Negligence is the failure to exercise due care to produce a product that is not defective. Strict liability is liability whether or not due care was exercised.
If the case is NOT settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
Again, you only have a case against the manufacturer of the airbags if you were injured. If you were NOT injured, there is no case and no lawsuit.
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