How Can a Lawyer Help After an Airbag Deployment Concussion?
How Can a Lawyer Help After an Airbag Deployment Concussion?
An airbag deployment concussion lawyer builds your case by gathering EDR black box data proving impact severity, coordinating neurological evaluations documenting brain injury, and pursuing compensation from the at-fault driver whose negligence forced your airbag to deploy. Attorneys handle complex medical documentation, fight denials of invisible injuries, and calculate long-term damages for post-concussion syndrome while you focus on recovery. Their involvement could transform overwhelming insurance battles into structured legal processes that recognize the serious nature of concussion injuries often dismissed as “minor” by adjusters.
Speak with an experienced car accident lawyer today to protect your rights and maximize your compensation.
Key Takeaways
- Lawyers can coordinate comprehensive neurological evaluations, including DTI imaging and neuropsychological testing, that objectively document concussions
- EDR black box data downloads can help prove crash severity, airbag deployment timing, and impact forces that caused your concussion, establishing clear causation for brain injury claims
- Experienced attorneys calculate future damages for post-concussion syndrome, including cognitive rehabilitation, lost earning capacity, and lifestyle modifications that may be overlooked in initial settlements
- Legal representation can prevent rushed settlements before delayed concussion symptoms fully manifest, protecting your right to compensation for long-term effects
- Attorneys may pursue multiple insurance coverage sources, including PIP, MedPay, and UM/UIM policie,s when at-fault drivers carry insufficient coverage for serious brain injury damages
Obtaining Medical Evidence for Invisible Injuries
Airbag deployment concussions present unique challenges in personal injury claims because the very safety device that saved your life also caused a traumatic brain injury (TBI). The violent force required for airbag deployment, occurring in milliseconds at speeds up to 200 mph, can cause concussions even when they function perfectly. As a result, your brain experiences rapid acceleration and deceleration, causing cellular damage without visible bleeding or fractures that traditional imaging might miss.
Since concussions leave no external wounds, they create documentation challenges that experienced attorneys overcome through strategic medical partnerships. Your lawyer may coordinate evaluations with neurologists who perform specialized testing beyond basic emergency room protocols that typically miss concussion indicators, including:
- DTI (Diffusion Tensor Imaging): DTI can reveal microscopic brain tissue damage that standard MRIs cannot detect.
- Neuropsychological testing: These tests document cognitive deficits in memory, processing speed, and executive function.
- Balance assessments: Using computerized posturography, these tests provide objective evidence of vestibular dysfunction..
Concussion claims lacking sufficient medical documentation may be dismissed, or gaps in symptoms may lead the other side to argue that the airbag was not the cause of the injury. Attorneys can use medical evidence and testing to establish continuous medical care chains and explain why concussion symptoms often emerge days or weeks post-impact.
Building Your Airbag Deployment Concussion Case
Immediate evidence preservation can strengthen concussion claims before memories fade or data disappear. Attorneys send preservation letters to prevent vehicle disposal before EDR downloads and obtain surveillance footage before automatic deletion.
Medical record organization can create clear injury timelines and prove that the accident caused the concussion. Additionally, keeping records of daily struggles with headaches, cognitive problems, and mood changes. Observations from family members about personality changes or cognitive decline that you might not recognize can also help show the extent of your TBI.
Photographic evidence can capture vehicle damage demonstrating impact forces sufficient to cause concussions. Specifically, images of deployed airbags, bent steering wheels, and cabin intrusion support brain injury claims.
Proving Liability Through Crash Reconstruction
Sometimes, it may be necessary to reconstruct the crash. This can prove that the other driver was negligent, and this negligence caused your airbags to deploy, leading to a TBI. It can also show that the collision force was great enough to trigger deployment sensors.
EDR (Event Data Recorder) downloads provide crucial crash data, including pre-impact speeds, brake application timing, steering inputs, and seatbelt usage. This black box information proves the other driver’s speed at impact, following distance violations, or distracted driving patterns. Attorneys use this data alongside accident reconstruction to demonstrate how negligent driving directly caused the violent forces resulting in your concussion.
Witness statements gathered immediately preserve observations about the other driver’s behavior before impact. Surveillance footage from nearby businesses captures driving patterns proving negligence. Cell phone records subpoenaed through litigation reveal distracted driving. Each evidence piece strengthens your claim that another’s carelessness caused your traumatic brain injury.
Calculating Comprehensive Damages
Post-concussion syndrome can have far-reaching consequences. Attorneys document the full scope of concussion-related damages through detailed evidence gathering such as:
- Medical costs: Emergency treatment, neurological evaluations, imaging studies, cognitive rehabilitation, psychological therapy, medication management, and future care projections from life care planners
- Economic losses: Missed work during recovery, reduced earning capacity, career changes forced by cognitive limitations, lost promotions, and early retirement necessitated by ongoing symptoms
- Daily life impacts: Inability to drive due to vision problems, household help needed during recovery, childcare assistance, and home modifications for light sensitivity or balance issues
- Pain and suffering: Chronic headaches, sleep disruption, mood changes, relationship strain, lost enjoyment of activities, and anxiety about long-term brain health
- Future risks: Increased susceptibility to future concussions, potential for developing neurodegenerative conditions, and need for lifetime symptom monitoring
These comprehensive damage calculations help prevent accepting inadequate settlements that ignore long-term concussion consequences.
Making an Airbag Concussion Insurance Claim
Insurance adjusters require extensive documentation when evaluating concussion claims, seeking objective evidence for injuries that often present subjectively. Your lawyer provides this documentation through comprehensive medical records, evaluations, and testing results. They handle complex conversations about delayed symptoms, explaining the medical basis for why concussion effects emerge over time rather than immediately after impact.
Independent Medical Examinations (IMEs) requested by insurance companies can become less stressful with attorney guidance. Your lawyer prepares you for these evaluations, explaining what to expect and your rights during examination. They review IME reports carefully, providing additional medical documentation when reports don’t fully capture your symptoms. When disagreements arise between IME findings and treating physician opinions, your attorney presents complete medical evidence supporting your injury claim.
Pre-existing condition discussions require careful documentation, distinguishing prior medical history from current injuries. Attorneys can present medical evidence showing how the airbag deployment caused new symptoms or worsened existing conditions. They work with doctors to clearly document what changed after your accident, preventing confusion about symptom origins. Your lawyer handles these complex medical discussions, presenting clear timelines that demonstrate how the crash created or aggravated your current condition.
Identifying Insurance Coverage and Available Sources of Compensation
Your California car accident attorneys can identify available insurance coverage sources for concussion claims, sometimes finding policies victims didn’t know existed. Your own Personal Injury Protection (PIP) or Medical Payments (MedPay) coverage could provide immediate medical expense coverage regardless of fault. These benefits may pay for neurological evaluations and treatment while liability claims proceed.
Underinsured motorist (UIM) coverage can become crucial when at-fault drivers carry minimum liability limits that are insufficient for brain injury damages. Your attorney may be able to stack multiple policies when available, combining coverage from different vehicles in your household. Umbrella policies provide additional layers of compensation for serious injuries exceeding standard policy limits.
Commercial vehicle involvement triggers higher coverage limits from business auto policies. Employer liability applies when at-fault drivers were working during these collisions. Attorneys understand these coverage nuances, pursuing every available compensation source.
When is Litigation Necessary?
Some airbag concussion cases require filing lawsuits to achieve fair compensation. Insurance companies may not acknowledge post-concussion syndrome’s long-term impacts without the pressure of going to court. Litigation allows discovery tools to access evidence unavailable during initial claims, including depositions revealing the at-fault driver’s negligence patterns.
Some cases settle before trial. The litigation process itself often motivates serious settlement negotiations. Your lawyer uses strategic pressure points throughout litigation, possibly improving settlement leverage while preparing for trial if necessary.
Timeline Considerations and Delayed Symptoms
Concussion symptoms often emerge days or weeks after airbag deployment, complicating initial medical documentation. Adrenaline also masks many symptoms immediately after the crash, and brain inflammation develops gradually. Cognitive deficits might not become apparent until returning to complex tasks. Attorneys understand these delayed presentations, building cases that account for symptom evolution.
California’s two-year statute of limitations for personal injury claims requires timely action despite delayed symptom recognition. However, the discovery rule may extend deadlines when concussion symptoms manifest later. Your attorney can take action to preserve your rights while symptoms develop, filing protective claims when necessary.
Early legal consultation has several benefits, even for those unsure about injury severity. Attorneys monitor symptom development, coordinate appropriate medical care, and preserve evidence before it disappears. They prevent premature claim resolution, protecting your rights to compensation for injuries that worsen over time.
Defective Airbags and Product Liability Claims
While most airbag concussion claims focus on the negligent driver who caused your crash, defective airbag deployment occasionally contributes to injuries. Airbags deploying without sufficient impact, failing to deploy during severe crashes, or exploding with excessive force may indicate product defects. Your injury lawyer can evaluate whether product liability claims supplement your primary negligence case.
Defective airbag claims require proving manufacturing defects, design flaws, or inadequate warnings about concussion risks. These complex cases may involve investigation and testimony from automotive engineers, biomechanical experts, and extensive discovery from manufacturers. Product liability claims in airbag deployment cases typically proceed in parallel to negligence claims against at-fault drivers.
FAQ for Airbag Deployment Concussion Lawyer
What if My Concussion Symptoms Didn’t Appear until a Week after the Airbag Deployed?
Delayed concussion symptoms are medically recognized and don’t eliminate your legal claim. Brain injury inflammation develops over time, and cognitive problems often emerge only when returning to work or complex activities. Document when symptoms began, seek immediate medical evaluation, and maintain detailed symptom journals. Your attorney will work with neurologists who explain delayed presentation to insurance companies attempting to deny causation.
How Can Lawyers Prove My Concussion When CT Scans and MRIs Appear Normal?
Attorneys can help you coordinate specialized testing that reveals concussions invisible on standard imaging. DTI scanning shows microscopic white matter damage, neuropsychological testing documents cognitive deficits, and balance assessments prove vestibular dysfunction. Your lawyer may also rely on clinical diagnosis from neurologists who recognize concussion symptoms without requiring positive imaging, combined with EDR data proving sufficient impact forces.
Should I Accept the Insurance Company’s Quick Settlement Offer for My Concussion?
Quick settlement offers do not always account for post-concussion syndrome’s long-term impacts, including cognitive therapy needs, career limitations, and chronic symptoms. Before accepting any offers, consult an attorney who can evaluate whether offers reflect comprehensive damages, including future medical care and lost earning capacity.
What Compensation Is Available if the At-Fault Driver Only Has Minimum Insurance Coverage?
Your attorney may pursue multiple coverage sources, including your own UM/UIM policy, MedPay benefits, and potentially umbrella coverage. They may also investigate whether the at-fault driver was working, triggering employer liability, or identify additional responsible parties. Personal asset recovery from the at-fault driver could be possible for damages exceeding insurance limits in serious brain injury cases.
How Long Do I Have to File an Airbag Concussion Lawsuit in California?
California generally provides two years from the injury date to file personal injury lawsuits, though specific circumstances may alter deadlines. Government entity involvement shortens deadlines to six months for administrative claims. Contact an attorney immediately to preserve all potential claims.
Getting the Legal Help You Need
Airbag deployment concussions deserve to be treated seriously. The absence of visible injuries or positive imaging results does not make your brain injury any less real, your symptoms not valid, or your need for comprehensive compensation less legitimate. An attorney can transform overwhelming insurance battles into structured legal strategies that recognize the severity of your TBI.
Bentley & More LLP handles complex airbag deployment concussion cases throughout Southern California, fighting for clients whose brain injuries are dismissed or minimized. Our attorneys understand the medical complexities of concussion claims and, when necessary, work with neurological experts who comprehensively document these injuries and the impact they have on your health and life.
Contact a personal injury lawyer at Bentley & More LLP at (949) 870-3800 for a free consultation about your airbag deployment concussion. We’ll evaluate your case, explain your rights, and fight for fair compensation.