Chicago, IL asked in Employment Law, Personal Injury and Car Accidents for Indiana

Q: I. Was seriously hurt driving a company van and the air bags never went off and i fractured 7disck and he never paid

Yeah I was never compensated for my medical bills and I feel that his insurance should have paid

2 Lawyer Answers

Peter N. Munsing

  • Personal Injury Lawyer
  • Wyomissing, PA

A: Contact a member of the Indiana Assn for Justice that handles comp claims--they give free consults. As to the air bags, depending on how the crash happened the air bags would not have gone off as they only go in certain circumstances.

If the wreck was someone elses fault you have a claim against them.

Charles Candiano

  • Personal Injury Lawyer
  • Chicago, IL
  • Licensed in Indiana

A: You have a Worker's Compensation claim and you should pursue that, immediately.

If the accident was not your fault, you also have a 3rd party claim against the driver who caused the accident. Airbags are very dangerous and are not designed to deploy in the vast majority of accidents. Even if you were driving a brand-new vehicle where the airbag failed to deploy, you would be suing the automobile manufacturer and the airbag supplier. These entities have armies of attorneys and a budget allocated for defense of such claims. Your attorney would have to spend between $200,000 and $300,000, at a minimum, just to bring the case to trial. Unfortunately, unless you have sustained a significant traumatic brain injury or paraplegia, it is very unlikely that anyone would be willing to represent you. If you have sustained injuries of this magnitude, you or your representative needs to take your medical records to be reviewed by a local attorney who is experienced in this area of law and who has the resources to pursue such a claim.

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