QUESTION

What should I do if I was injured in a vehicle that has been recalled?

Asked on May 02nd, 2011 on Personal Injury - Florida
More details to this question:
My mother was driving and hit a pothole in the street and her airbag deployed, I looked it up on the computer and it said there was a recall for the airbags on this vehicle. She had to go the emergency room because of the powder from the airbag burning her face. What do I need to do at this point?
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6 ANSWERS

Lee Ciccarelli
Consider speaking to an experienced personal injury lawyer. Our office provides a free initial case evaluation.
Answered on May 05th, 2011 at 10:51 AM

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Personal Injury including Litigation Attorney serving Wilmington, DE at Ramunno & Ramunno, P.A.
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1st need to have your mother get whatever medical treatment is necessary. 2nd need to contact the car dealership and manufacturer. 3rd need to determine try and settle claim for an amount that will compensate your mother for the injuries. However, all of these issues and other issues will require that you discuss all of this with an attorney since you will need to establish liability and damages. It is too complex to handle on your own. A lawyer will need to help you.
Answered on May 04th, 2011 at 9:27 AM

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Personal injury questions are often difficult to answer because of the need to look at all of the facts, something that is difficult to convey in an email. The one thing that jumps out at me in this case is the question of damages. In other words, how bad are the injuries and do they merit a lawyer getting involved. If it is just an ER visit with no other treatment and no permanent injury, the case will not warrant involving a lawyer. If that is the case, you should contact the manufacturer and see if you reach a settlement. If the damages are significant, consult an experienced personal injury attorney.
Answered on May 04th, 2011 at 8:43 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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While the manufacturer may be liable for her injuries, as a practical matter, her damages may not be significant enough for an attorney to bring the case to court if her only medical treatment was "treat and release" at the Hospital. If that is the case and she has health insurance, I wouldn't worry about it. If she has some permanent impairment, I would contact an attorney who practices in personal injury law (I would be happy to discuss it with you). Products liability cases are very complex. Unfortunately, they are also expensive to bring to court. You have to retain an expert who can testify that the vehicle was unreasonably dangerous because of a design or manufacturing defect. The expert fees can be as low as $5,000.00 and as high as $100,000.00 (even more ins some cases). A recall, in of itself does not establish that the product was unreasonably dangerous because of a defect. Fixing a problem after it is recognized may not mean their was a defect at the time it was manufactured if they used the best available technology at the time, or if their was no way to foresee the defect. If you cannot find a lawyer to represent her, you might write the manufacturer , send the medical bills, and demand payment. They might just agree to settle.
Answered on May 03rd, 2011 at 3:06 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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Contact a products liability attorney; that is far too difficult to try to take on yourself.
Answered on May 03rd, 2011 at 3:04 PM

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Workers Compensation Attorney serving West Palm Beach, FL
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Call personal injury attorney who also handles product liability cases.
Answered on May 03rd, 2011 at 11:18 AM

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