Chicago, IL asked in Personal Injury and Car Accidents for Illinois

Q: I had an accident.I was in passenger side in Lincoln MKT town car and while airbags being deployed and it burst on face.

I think it was a issue with airbags as it bursted.

2 Lawyer Answers

A: The way this works is that you need to ask a question. You only tell us that you were a passenger in a used car that is 5 - 15 years old. Then you say that you think there was an issue with the airbag because the airbag bursted/ruptured.

Essentially, you are asserting that the airbags were defective. They may have been. You must then address how the defective airbag impacted your injury. These types of cases are called products liability cases. They are extremely expensive to litigate. This specific car was only assembled in Ontario Canada so there is at least an additional layer. These types of cases are only viable (cost-effective) when the resulting injuries are truly catastrophic such as a spinal injury that resulted in paraplegia or quadriplegia or a traumatic brain injury. Those are the only types of injuries where a potential jury verdict would be sufficient to justify a law firm advancing $300,000 or more to prepare the case and take it to trial. You do not tell us what injury you sustained as a result of the faulty airbag so it is impossible to be more specific with a response. I hope this addresses your concerns. Good luck.

A: Here is the best chance for a personal injury claim based off the information you shared. You were a passenger in a vehicle that was involved in a car crash. One thing is for sure, the accident likely wasnt your fault. The airbag case sounds rather weak. Instead, you probably have a claim against any driver involved in the crash. Lets say the driver of the car you were in was at fault and is a close friend or a husband/wife. You should still file a personal injury claim if you were injured. You will not be going after that person, you'll be going after the insurance company.

When a driver pays for car insurance, they pay for bodily injury coverage. It's the insurance company job to pay out the coverage the driver is paying them for. Insurance companies stay in business because they find ways not to pay. I'm a local personal injury attorney in your area. Feel welcome to call me for a free consult.

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