While the safety effects of a seat belt are undeniable, some car accident injuries can actually be caused by the seat belt, especially when it’s used by a small child, an elderly person, a pregnant woman or another vulnerable individual.
If a seat belt is not positioned properly or contains a product defect, these issues increase the odds of serious seat belt injuries in car accidents. When auto accident cases in New York involve seat belt injuries, victims can often benefit from speaking with a car accident lawyer.
Common Types of Seat Belt Injuries
The impact of a car accident can slam a vehicle occupant’s body against a taut seat belt with enough force to cause “seat belt syndrome,” or a pattern of injuries commonly seen in a car accident victim from contact with the shoulder and lap belt.
Seat belt injuries can include:
- Bruising and contusions
- Abrasions or friction burns
- Cuts or lacerations
- Chest injuries
- Injuries to the collarbone or sternum
- Shoulder injuries
- Rib fractures and bruising
- Pulmonary (lung) injuries
- Abdominal injuries
- Internal bleeding
- Organ damage
- Spinal cord trauma
- Whiplash
Seat belt injuries can show signs such as skin discoloration, pain or stiffness in the area, and swelling or inflammation. Signs of more serious internal injuries include trouble breathing, dizziness, abdominal pain, fainting or loss of consciousness, or blood in urine or stool. These should be treated as emergencies.
How to File a Seat Belt Injury Claim in New York
New York is a no-fault car accident state, which means your own car insurance company will pay for your medical bills and lost wages through personal injury protection (PIP) coverage, regardless of fault. If your injuries are serious enough to meet the state’s threshold, you have the right to file a claim against the at-fault driver. This could lead to greater compensation, although you must prove liability.
When a claim specifically involves seat belt injuries or seat belt syndrome, it is important for the victim to get professional medical care to check for internal or hidden injuries. Prompt medical care establishes a connection between the seat belt injuries and the car accident. These medical records can be used as evidence of damages for insurance purposes.
Why Contact a Car Accident Lawyer for a Seat Belt Injury Claim?
Getting fair financial compensation for a seat belt injury in New York can be difficult, as car insurance companies are focused on protecting their own bottom lines. During the claims process, having a personal injury lawyer in Forest Hills, NY represent you can make it easier to achieve the case results you need.
An attorney can carefully assess your seat belt injuries to calculate a fair settlement value based on your current and future medical needs, pain and suffering, lost income and capacity to earn, and any long-term or permanent damage. Then, your lawyer can use aggressive legal strategies to negotiate a fair settlement from an insurance claims adjuster.
While most car accident cases in New York reach settlements, a lawyer will also be able to take your case to trial, if necessary. Keep in mind that a New York personal injury lawsuit must be filed within three years to be valid. Don’t wait to consult with an attorney. Contact Abaev Law Firm, PLLC anytime for a free seat belt injury case review.