Factors That Determine a Seat Belt Failure Case Value

How much is your lawsuit worth? This is a complicated question that cannot be answered right away. Our legal experts examine many elements of each individual accident to figure out what the victim is owed in compensation. Some of these factors are:

• Injuries – how badly you are injured is the most important variable, with cases of minor injuries having the lowest values, while severe injury claims typically settle for 6 to 7 figures.
• Medical expenses –your total cost of medical treatments and estimates for future medical needs are major components of your settlement value
• Lost wages – payments for any lost income due to your inability to work, seek treatment, and other problems caused by the accident. Projected (future) loss of income may be recovered in cases of long-term or permanent disability.
• Pain and suffering –payment to compensate you for mental anguish, psychological damage, and physical pain associated with the injury.
• Wrongful death – if a death occurs due to a defective seatbelt, surviving family members can seek funeral expenses, pain and suffering, loss of expected savings, and other applicable damages.
• Comparative negligence – whether you were in any way responsible for the accident, which can reduce your overall award.

Should I Join a Class Action?

Quite often, a seat belt defect isn’t isolated to one automobile. Instead, there was a manufacturing error that resulted in belts being defective for a certain car model or numerous car models. That means hundreds or thousands of people may have been injured by the same product, which opens up the possibility for a class action lawsuit.

A class action lawsuit increases the chances of settling the case in your favor. However, you must keep in mind that the recovered funds are split between all the claimants. This can result in smaller payouts for those with serious to severe injuries. Depending on the circumstances, filing a personal injury lawsuit on your own may be in your interests. A defective seat belt lawyer at our office can help you sort through these and other issues that are relevant to your rights and legal options.

The Role of Seat Belts in Car Accidents

We all know car accidents are common, and there are millions of people who are injured in these incidents every year. No matter how fast or slow you are traveling, it’s possible that some form of negligence or misconduct will result in an accident. One thing we can count is safety features inside a vehicle, like seat belts and airbags.

Seat belts prevent the user from being thrown out of their seat or ejected from the car upon impact. In a rear-end collision, for example, the belt system keeps you in your seat, thereby preventing injuries from hitting the windshield or being thrown around in the car. Wearing a seat belt also reduces the chances of injuries like whiplash, spinal cord damage, disc herniation, and bone fractures.

Most commonly, seat belts are comprised of straps that go across your shoulder and waist, and the entire system clicks into a buckle. Sometimes, there is only a lap belt, while other belts attach to the car door so that it zips up towards the window once it’s unbuckled. No matter what, the design should be user-friendly so that just about anyone can latch the unit in place and expect to be restrained in a car crash.

Unfortunately, seat belts may be defective and fall apart or not function properly during an accident. Below are examples of defects that are found in seat belts:

• Torn or ripped fabric, meaning the belt is not strong enough
• Belts that fail to stay locked in place because of defects with the latch
• Excessive spooling, which results in the seat belt being slack and not holding someone in place when there is an impact to the vehicle.
• Parts that are not properly secured because of improper or low-grade hardware

These are just some of the manufacturing errors that can lead to injuries when a seat belt fails during a car accident. Make sure to contact an experienced seat belt defect attorney for information on suing for negligence by a product manufacturer.

Filing a Lawsuit against the Automobile Company

To file a defective seat belt claim against the car manufacturer, you must have proof of one or more elements that indicate negligence:

• The product had a design flaw that was not addressed or resolved before the car was released for sale.
• A manufacturing error (at the factory, during the installation, etc.) made the belt unsafe
• The consumer was not provided with warnings or hazard listings concerning the usage of the belt.

Most cases have to do with mechanical or design flaws, and evidence for this type of case includes the defective belt, which you should leave in its original state without any repairs or alterations. Otherwise, you will have trouble showing that the belt had some sort of defect.

Just in case, try to take pictures or video of the belt right after the accident, along with the injuries you sustained. To ensure that medical records are available, go to the hospital right away and keep all your bills, prescriptions, referrals, etc. Other evidence that can help you includes witness statements, police reports, and footage from surveillance cameras.

Please contact a lawyer specializing in seat belt defects as soon as possible for advice and guidance. The attorneys of DTLA can walk you through the legal process and ensure that you are fully aware of your rights. That way, you will not be taken advantage of by the auto manufacturer and their tactics to get your case dismissed or pay you the lowest possible amount. We can also help you join a class action lawsuit if that is of interest to you and talk to you to about the pros and cons of filing a lawsuit on your own or seeking justice with other accident victims. Ultimately, our goal is to help you make an informed choice and obtain the funds you deserve from a seat belt injury accident claim.

Monetary Damages in a Seat Belt Defect Lawsuit

We began this article by talking about dollar amounts as it applies to lawsuits for seat belt failures and defects. Additionally, we went over different factors that play a role in how much you can ask for in compensation. But we also have to look at the other side’s strategy for settling a seat belt defect claim. With that in mind, here are the factors used by insurance companies to determine how much they will offer:

• The severity of injuries to the victim
• How the injuries impact your daily life and career
• Your age at the time of the accident
• What you do for a living
• If you were partially at fault for the accident

Let’s say, for example, that you suffered injuries in an accident, but you had initially tried to repair the belt yourself, which made the defect worse. In this case, the insurance company would say that you are partially responsible and make you a relatively small offer. Alternatively, you are struck by a car that failed to stop at a red light and ended up hitting your car. You suffered a serious injury that required surgery because your seat belt failed to keep you properly restrained to the seat. Due to your medical needs and time lost from work, your settlement value is considerably higher.

Regardless of how you were injured, rest assured that our legal team has the skills and experience to negotiate the highest payout from the insurance company. Please take a moment to contact our law firm and schedule a free consultation.

Statute of Limitations to Sue for a Seat Belt Defect

The time limit for seat belt defect injury claim is normally 2 years, and this time period (statute of limitations) begins on the date of the accident. However, if the victim dies as a result of the accident, loved ones have 2 years from the date of death to seek wrongful death compensation. Depending on various factors, the deadline to sue can change. For instance, you may have a latent injury that cannot be diagnosed right away. So, it’s possible to base the statute of limitations on when you discovered an injury that resulted from the accident.

Having a clear sense of your deadline for a seat belt defect lawsuit is crucial to ensuring that you can receive compensation from the manufacturer. If you would like to verify how long you have for a legal case, don’t hesitate to call us 24 hours a day, 7 days a week.

Free Second Opinion Consultation

We frequently receive questions from people asking about their potential case value and other important concerns, even though they already have representation from a personal injury law firm. However, they may want to confirm that the advice given by their lawyer, similar to consulting another doctor before agreeing to a certain course of treatment.

Dissatisfaction with one’s current attorney is another reason to seek help from a different law firm. Maybe you have had on-going issues with your lawyer, such as lack of communication, pressure to accept a settlement, or suspicion of unethical conduct. Sadly, many lawyers push clients to settle their cases when it’s not in their interests. Or, they become overly aggressive and talk the client into asking for a court date when it would be better for to accept the insurance company’s offer. It’s difficult for the client to figure out what they should do, and this is where a second opinion can be of help.

Wherever you are with a claim for injuries caused by seat belt failure, you can contact us day and night to schedule a free second opinion. During this consultation, we will provide you with an honest assessment of your case and help you decide on the effective way to move forward. Perhaps changing lawyers is the key to ensuring a successful outcome, but making the switch may not be worth it for others who are in the middle of a lawsuit.

For a detailed discussion on any matters pertaining to a pending seat belt defect accident claim, reach out to us for a free second opinion consultation.

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