In an airbag injury claims case, the overall airbag injuries settlement amount is dependant foremost on the extent of the damage suffered by the plaintiff, otherwise known as the victim. Pinning an exact figure down regarding settlement amounts, even with a specific case and set of damages present, is often difficult and dependant on several other largely independent factors aside from the specifics of the damages, as well. In reality, only legal counsel can accurately ascertain the potential value of a claim for a plaintiff, and even in these cases, a prospective figure is an estimate at best. However, some of the following factors are generally accepted methods of determining the potential value of an airbag settlement amount.
Damages Involved in Specific Airbag Injury Suit
Typically, the easiest method of determining the potential claim value in an airbag case involves calculating the economic damages caused by a given automotive accident and attributed to a defective airbag. If clearly attributable to a malfunctioning or defective airbag system, factors such as medical bills, rehabilitative costs, and lost income following an accident are all relatively easily calculated by the plaintiff. Furthermore, items such as disfigurement, temporary disability, permanent disability, and future costs associated with healthcare and lost income earning capacity all have some form of legal precedent regarding damage awards in a given case. By using these previous cases as a barometer, an attorney can accurately calculate a reasonable damage claims request for these economic damages.
On the other hand, non-economic damages, which may include both forms of disability mentioned above, loss of mobility, loss of vision, diminished quality of life, pain, suffering, psychological trauma, and loss of consortium, to name a few, are not as easily calculated. However, referring to previous airbag suits involving similar claims, while objectively looking at the specifics of the individual case at hand provide legal counsel with sufficient information required to make a legitimate claims request for these damages. All of these claims, including both economic and non-economic damages, will make up the bulk of the airbag injuries settlement amount.
Other Independent Factors Affecting Overall Claim Value
While the following items may not prove applicable in every claims case, the following factors independent of damages are all relevant and influential in the final airbag injuries settlement amount, including:
- Plaintiff may decide to accept settlement offers at any point during litigation, or if inclined, proceed to trial and await judgment and possible claims award
- In some cases, punitive damages may prove applicable as well
- The ability of some claims to merge with others into class action suits will influence overall value of claim, and in many respects, diminish the ability of a sole plaintiff to determine their own fate regarding settlement amount and timing
- Negotiating and litigating skills of plaintiff’s legal counsel
- Completely external factors regarding both plaintiff’s financial situation and disposition, as well as the disposition and financial strength of named defendants
Getting Legal Help
Although the cause of injuries may prove similar to other airbag injury cases, each claims case and victim presents very specific and unique characteristics, which will ultimately greatly alter a settlement or jury award in a claims case. Having an attorney handle all aspects of an airbag product liability claims case is highly advisable for these and many other reasons noted above.
