Seat Belt Injury in Car Accidents: Legal Recourse and Compensation
If you’ve been injured in a motor vehicle accident or motor vehicle crash, then you could be entitled to compensation under the law. Whether you’ve sustained seat belt injuries, or have experienced losses that are a consequence of some other injury — the law provides an option for monetary recovery through litigation.
Let’s take a closer look. Seat belt injuries are rather common in motor vehicle accidents, so it’s worth understanding some of the basics before you get in touch with an attorney for guidance on the next steps for recovery. Read on to learn more!
What is seat belt syndrome?
Seat belt syndrome refers to a pattern of injuries to the chest, spine, abdomen, and overall torso resulting from the restraining forces of the seat belt (as initially indicated by seat belt marks on their body), typically in a car accident context. The lap belt, a component of the seat belt system, can cause significant injuries to the pelvis and abdominal area if not worn properly. Lap belts, in particular, can lead to severe damage to the liver and abdominal cavity. Common seat belt injuries range from bruises and soreness to more severe conditions such as internal injuries, chest abrasions from the shoulder belt, skeletal injuries, soft-tissue and visceral injuries, and even rare vascular injuries, highlighting the importance of seat belt positioning and the potential impact of factors like obesity and shoulder strap placement on the severity of these injuries.
The tight restraint exerted by a seat belt — in conjunction with the force of the collision — can impose severe damage to the human body, causing abrasions, strains, fractures, muscular tears, heavy internal bleeding, internal injuries, and more. According to the data, as much as 30 percent of car accident injuries seen in the Emergency Department of various hospitals are seat belt syndrome cases. These injuries, often referred to as seat belt-related injuries or seat belt syndrome, highlight the importance of early recognition and treatment to prevent long-term complications.
Potential symptoms of a seat belt injury
Symptoms common to seat belt syndrome (i.e., seat belt sign injury) include:
- Abrasions
- Bruises
- Muscle strain
- Limb weakness
- Dizziness
- Blood in the stool or urine
- Bowel movement changes
- Urinary tract changes
- Vomiting, nausea
- Coughing up blood
- Breathing difficulties
- Abdominal pain
- And more
These symptoms manifest as seat belt injuries occur due to the interaction between the restrained occupant and the seat belt during severe crashes.
Each of these could be indicative of underlying damage to the torso and internal organs. It’s worth noting that some injuries may not be obvious or even identifiable at an early stage. It’s not uncommon for serious injuries to develop over time – that’s why checking in with medical professionals on a regular basis (over years) is important to proper post-accident care. If a condition is discovered, you’ll potentially be given extra time to file your claims, too.
Initial injuries can be serious, but injuries that develop over time often have widespread and life-altering ramifications for the victim. For example, a spinal degenerative condition that was “incited” by a seat belt injury could prevent someone from continuing on in their career. This can be devastating to their financial health, as well as their mental and physical health.
If you do not have significant injuries at first, don’t assume that your claims are minimal. Consult a qualified attorney – they can put you in touch with experienced medical professionals who will understand the context of your accident, and who will check in with you regularly to identify any changes that could indicate the development of a more serious injury/condition.
Damages in a seat belt injury dispute
If you’ve sustained seat belt injuries, then you could potentially claim the following losses:
- Wage loss
- Loss of earning capacity
- Medical expenses (i.e., medical bills, rehabilitation costs, pharmaceutical costs, etc.)
- Property loss
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship
- And more
It’s worth noting that damages can vary from case-to-case, due to the unique circumstances that each injury victim brings to the table. For example, an unemployed injury victim may have zero wage loss damages to claim, as they don’t have a job — but an employed injury victim in the same accident could have significant wage loss damages as a component of their overall compensation demand.
Damages are crucial to whether your case is worth pursuing. With significant losses, an experienced attorney will be able to “work up” your claims to maximize the compensation amount.
Why use an attorney in your dispute over seat belt injuries?
Though you are “technically” allowed to pursue legal recovery without the aid of a qualified attorney, it’s highly discouraged — not just by attorneys who understand the complexity and challenge of litigating a dispute, but also by courts. Courts even go so far as to warn claimants about the dangers of moving forward without representation. Understanding the importance of wearing seat belts as vital safety straps can introduce legal nuances in disputes, especially when injuries occur that could have been mitigated by their use.
Why?
Attorneys aren’t just courtroom advocates. They play a comprehensive role in handling various aspects of your dispute. Their responsibilities include, but are not limited to:
- Identifying, gathering, and preserving relevant evidence
- Investigating the facts at the accident scene
- Communicating to third parties on your behalf (opposing counsel, law enforcement, insurance carriers, insurance adjusters, etc.)
- Working with witnesses to develop supportive testimony
- Constructing a persuasive legal argument
- Negotiating a potential settlement compromise
- Navigating court hearing processes
- Pushing forward to trial litigation, if necessary
- Securing the compensation award, if necessary
- And more
Each of these tasks is part of the toolkit of an experienced car accident attorney. If you’re not a legal professional, these tasks are easy to muck up — in fact, even attorneys typically hire other attorneys to represent them in disputes!
Plaintiffs’-side personal injury lawyers typically work on contingency
Many people (falsely) believe that personal injury litigation will cost them an enormous amount of money — in fact, they often think that they need to be rich to successfully litigate their claims and be compensated. That couldn’t be further from the truth!
Most plaintiffs’-side personal injury lawyers work on a contingency basis. Thus, to be represented, you don’t have to pay out-of-pocket, and there are no upfront costs. Instead, they will take a percentage cut of whatever compensation they’re able to successfully secure on your behalf. This percentage can vary from 25 percent at the low end to as much as 40 percent (or more) at the high end.
Contingency fee arrangements are beneficial — not just because they make for representation that costs nothing to get started, but because they create a favorable dynamic in injury litigation. See, your attorney will get paid more if you get paid more. They’re incentivized to push hard to maximize your damages and to do so efficiently. That’s part of the reason why contingency fee arrangements are preferable for the average injury victim.
Time limits on your claim can be strict, so act quickly
Every claim is subject to a “statute of limitations” deadline period. Basically, this acts as a time limit on the claim — if you don’t formally file your lawsuit before the relevant deadline passes, then courts will automatically dismiss your claims and you will be prevented from obtaining compensation through normal legal processes.
For example, in California, a “standard” car accident injury claim has a deadline that is two years from the date of injury. If you do not file before the deadline passes, then you would be considered to have abandoned or relinquished your right to sue for compensation.
Given the severe consequences of a delay, it’s incredibly important to move forward with litigation in a timely manner. It’s therefore worth consulting an attorney as soon as possible after your accident. Attorneys have a legal duty to handle your claims in a timely manner, so you can rest easy that they will help you navigate the litigation process without excessive and potentially damaging delays.
Contact 1-800-THE-LAW2 for a Free Legal Consultation
If you’ve been injured in a car accident that was not your fault (or that was only partially your fault), then you could be entitled to compensation under the law. Seat belt injuries can play out in a variety of ways. As such, it’s important to move forward with an in-depth understanding of how to effectively navigate the legal process. That’s where an attorney comes in.
Contact 1-800-THE-LAW2 for a free legal consultation with an experienced personal injury lawyer in our network. During this initial consultation, you’ll have the opportunity to discuss your case in detail and learn more about your strategic options (and next steps). And if you decide that you’d rather not continue, that’s okay too! There’s absolutely no obligation to move forward with an attorney in our network, even after you’ve spoken with them.
We look forward to assisting you.
