Legal Question in Personal Injury in Ohio

Serious Injury Airbag failed to deploy

My brother-in-law who was 70 years old had a 2005 Hyundai Elantra. He went off the road whereby he knocked down a mailbox then hit a tree. The airbag did not deploy his head hit the windshield and he sustained multiple facial fractures including severe unjuries to his nose, brusing all over his chest area. My brother-in-law had COPD and was on oxygen 24 hours a day. Because of his facila and nose fractures, he could not wear the candula in is nose but had to try to wear it in his mouth which is the best the hospital said they could do under the circumstances. His oxygen level was not good after the accident. The accident was 12/22/08; he died 1/11/09. The life ins. co. paid doulbe the face amount because they determined that his death was directly caused by the accident.

Hyundai is trying to tell me that the airbags only deploy if certain sensors are triggered in the crash. If that is true, which I don't believe it is, then what good are the airbags? The damage to the car was over $5100.

Do you think I have a wrongful death case? Also, I have been my brother-in-law's caregiver since my sister died of lung cancer in 2006. I was also his POA, POA over heathcare, beneificary and executrix of his estate. I am his onl


Asked on 4/12/09, 2:26 pm

1 Answer from Attorneys
Carole Lohr Law Office of Carole A. Lohr

Re: Serious Injury Airbag failed to deploy

First, I am so sorry for your loss. Whether or not you have a viable wrongful death claim is a serious question and therefore deserves an in depth review of the accident facts, and your brothers medical records. Certainly the facts that you presented that the insurance company believed that the failure of the vehicle air bag to deploy was linked to the death of your brother must be explored. I would urge you to contact an attorney immediately to discuss your case in detail. Pursuing a wrongful death case and the analysis which must be completed is not a question which can be answered over the internet. You are to be commended for asking questions and not just accepting the answers that the car manufacturer has given you. You need to hire an attorney who will work to protect your intersts.

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Answered on 4/12/09, 7:57 pm


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