Can Airbags Injure You in a Car Accident?

Can Airbags Injure You in a Car Accident?

There has been an alarming increase in the number of auto accidents resulting in airbag injuries during the past decade. Sometimes the protection devices deploy without impact and are essentially the actual cause of the accident. The number of vehicle models that have been recalled due to this problem has also increased drastically in the past year after the National Highway Transportation Safety Administration began investigating the specific accidents. At issue are various Takata airbags that are now known to have been installed in a very wide variety of vehicle models for practically every car manufacturer.

This is not to mention the injuries that occur when airbags do release properly after being impacted by a vehicle. Airbags effectively explode when they engage, releasing fast and with considerable force. When the passenger is turned in a vulnerable position, the final result can be injuries to the face, arms, and neck area, potentially causing central nervous system problems that can prove catastrophic in some instances. However, pinpointing that an injury was caused by an airbag can be a difficult task without an experienced car accident lawyer clients trusts investigating the entire material case evidence record.

External Injuries

Common external injuries resulting from an exploding airbag are usually to the upper torso, with many of those injuries being lacerations to the arms and facial area. While external injuries to the arms are often considered superficial, lacerations to the face can result in permanent scarring and potential surgical repair. In some instances, the parts of the body the airbag is designed to protect are actually the body parts that are injured.

The chance for upper body and facial injuries is more likely for drivers, while passengers tend to experience injuries to lower extremities as well because of airbag installation design. It is important to remember that the airbag is designed to protect the passengers, but an impacted automobile can also experienced damage that could also cause injuries when debris is dislodged inside the vehicle.

Internal Injuries

While external injuries are obvious, the same cannot be said of internal injuries that assuredly can happen from an airbag during a collision. The problem with internal injuries is that they are not always immediately recognized unless there is significant pain. Injuries such as a twisted back or whiplash around the neck around can easily manifest later. Even if an accident victim has no apparent external injuries, it is still best for the accident victim to seek treatment at an emergency facility. Internal organ damage is common, as well as separated shoulders or broken limbs, and internal problems can be very dangerous. Internal bleeding situations can worsen quickly, even resulting in a fatality, and time is of the essence even though the symptoms may appear minimal.

An experienced car accident lawyer would advise those with airbag injuries of any type to seek medical attention immediately following a crash. Timing is very important documentation when damages are being recovered in an auto accident case, especially when the injury is not apparent. Attorneys must connect the injury to the accident and use the case evidence regarding the deployment of the airbag configuration to establish cause and effect for the injured victim. Lapses in time can provide the respondent insurance provider an opening for an case issue that can be used to deny or lessen the value of an injury claim.

The World’s Largest Airbag Recall — Are You Affected?

The World’s Largest Airbag Recall — Are You Affected?

Takata, one of the world’s largest airbag suppliers, is settling for $1 billion after pleading guilty to distributing defective and fatal airbags.  Even with a minor fender-bender, these airbags can explode and fire bits of shrapnel into the cabin.  These airbags have been the cause of at least 17 known deaths worldwide.  These airbags are incredibly dangerous, and what’s worse, is that millions of cars have had their airbags recalled, but many people don’t know!

Please look through this list to see if your model has been affected, or look up your VIN to see the specific recalls here: https://vinrcl.safercar.gov/vin/

Estate Planning – Protecting Your Assets

Estate Planning – Protecting Your Assets

One of the issues that is often overlooked in the estate planning process is the protection of assets from third parties.  Most of the effort in estate planning is around making sure that the right heir gets the right asset at the right time.  What many of us do is forget to make sure that those assets are protected so that they are actually there when the time comes to pass them to the heirs. Let’s take a look at some of the basics around how to protect assets so that we actually have those assets to pass on.

How can Your Assets be Vulnerable?

One of the biggest ways that your assets could be vulnerable to a third party is through some sort of personal injury claim, as an estate planning attorney Leawood, KS trusts can explain.  These arise in two major circumstances for most employed persons:  First, someone comes onto your property and gets injured.  Let’s assume that you have a great Independence Day celebration planned.  Everyone is over and having a great time when someone falls off your deck and breaks their leg. Unfortunately, there are complications and the medical claims now exceed the limits from your homeowners’ policy.  Second, you are in a car accident where the other party is substantially injured.  Again, their injuries substantially exceed your automotive liability limits. They then look to you to make them whole for their injuries. This could include a lawsuit and them trying to attach any property that they can get their hands on.  

Trusts – Protective Clauses

One of the most common techniques to protect assets is a trust.  People have been using them for a long time to protect the assets of the grantor.  Of course, one of the biggest keys to having a trust that fully protects the assets is to have a trust that is irrevocable.  An irrevocable trust is one that cannot be changed by the Grantor after the trust is created.  What the Grantor does is to create the trust and then give (or sell) the assets into the trust.  Accordingly, the assets no longer belong to you (they belong to the trust) and would, therefore, not be available to satisfy any claim against you. You need to be sure that you do not keep any substantive control over the trust.

Trusts are also great vehicles to keep assets away from potential creditors of the beneficiaries of that same trust. If a beneficiary does not have access to the assets within the trust, and the language is property drafted, then the potential creditors cannot reach the assets that are within the trust.  These clauses, commonly called anti-alienation provisions, keep creditors away from the assets. So, trusts are typically drafted to have several protective measures so that the beneficiary does not have access, which will severely limit (if not eliminate) any creditor from going after those assets within the trust.  Some of the more common types of trusts that exist for asset protection purposes are support trusts, spendthrift trusts, blend trusts, and discretionary trusts.

Please note that there are claims that are able to pierce even the most bulletproof of trusts.  Those claims include such things as claims by a child for support payments, some federal or state claims, etc.

Conclusion

Estate planning is about more than setting up the basic documents. One thing to think about is protecting assets from creditors, or potential creditors. These creditors can include such things as claimants from a car accident or other personal injury claim.  There are certain trusts that can protect those assets from most of those claims.

This article was brought to you by The Eastman Law Firm.

Hitting a pedestrian

Hitting a pedestrian

Pedestrian accidents happen every day. In highly dense areas, all it takes is a moment of distraction to accidentally cause serious injury and damage. If you have struck a pedestrian on the road, you may find yourself in shock and at a loss for what to do. It is a scary situation. You don’t know if the pedestrian is okay, and of course you didn’t mean to hurt anyone.

Can I Use Personal Injury Compensation For A Trust?

Can I use a personal injury award to create a trust?

What’s the Difference Between Payable on Death and Transfer on Death?

What’s the Difference Between Payable on Death and Transfer on Death?

When it comes to personal assets there are different types of ownership. After a person passes away, how those assets are distributed to their heirs depends entirely on the form of ownership. Unless certain arrangements are made beforehand, most assets will have to pass through the probate process before they can be distributed to the heirs. Probate can be a costly and lengthy process which can in large part, if not entirely, be avoided. This is often handled with payable-on-death (POD) and transfer-on-death (TOD) accounts.

1. Payable on Death Accounts. A POD account is recognized by the court as a valid method to avoid going through probate. Most every type of bank account is allowed to be a POD account.
2. The owner simply files the required forms with his bank to set up this account.
3. The beneficiary simply receives the funds when you pass.
4. This type of account can leave you in total control of your assets throughout your life.
5. You can change your beneficiary at any time, and take as little or as much money from your account at any time. This means that for as long as you are alive, the person who you’ve designated as the beneficiary has absolutely no right to the assets in that particular account.

2. Transfer on Death Accounts. The rules are similar for a TOD account. You can bequeath stocks, brokerage accounts, or bonds without them having to pass through probate. This works like a POD account, where you register your ownership and then you designate a beneficiary.

1. Once you’ve set up your ownership, your beneficiary has no rights to the assets as long as you are alive.
2. After you have died, the beneficiary can claim their securities without going through probate by simply providing identification and proof of your death to the transfer agent. A transfer agent is a business authorized to complete the ownership transfer of the asset from one person to another.
3. Your TOD beneficiary has no rights to the stock for as long as you are alive. You can give it away, sell it, name a different beneficiary or even close the account.

Sometimes people neglect to name a beneficiary, or they name someone who passes away before them and they hadn’t named a secondary beneficiary. In that scenario, those accounts are treated as if they did not have a beneficiary at all. When an account does not have a beneficiary, it will have to pass through probate.

For more information about POD or TOD accounts, reach out to an experienced estate planning attorney can count on.

Negligent Slip and Fall Case at Your Apartment: Is this Grounds to Terminate a Lease?

Will a Personal Injury Settlement Be Considered a Marital Asset?

• • The person who receives the settlement often has expensive medical bills to pay, sometimes a lifetime of medical care and bills.

• • Some of the settlement money may be designated for the victim’s pain and suffering, which the victim’s spouse does not suffer.

• • Funds are placed in a joint account with the intent of using them to pay general household expenses.

• • The settlement primarily reimburses lost wages for a period during which the uninjured spouse supported the household.

• • The personal injury settlement is the primary source of income for the household.

• • The settlement is intended to cover damage to marital property, such as a car or house.

Can a Doctor be Sued for Pain and Suffering?

Doctor be Sued for Pain and Suffering?

• Missed diagnosis
• Delayed diagnosis
• Documentation errors
• Failure to communicate orders to nursing staff
• Errors made during surgical procedures
• Medication mistakes

• Unpaid medical bills
• Lost wages
• Future lost wages if you are permanently or temporarily disabled
• Therapy costs
• Pain and suffering
• Mental anguish

• Hire investigators
• Obtain your medical records
• Speak with experts about your prognosis
• Negotiate a settlement before trial
• File court documents
• Represent you during trial

Slip and Fall Homeowners Insurance

1. They are responsible for the hazardous condition.
2. They are aware of the condition or should have been aware of the condition.
3. They had sufficient time to rectify the condition.

• Stairs without handrails or with poorly fixed handrails
• Steps that are shallow or not up to building codes
• Foreign substances or debris on the stairs
• Poorly installed rugs or carpets on the stairs
• Steps with varying heights

• Freshly waxed or wet floors can be very slippery.
• Rugs that do not have a good grip pad below them can also cause serious slipping accidents.
• Carpets with holes or frayed edges are also a tripping menace.