Compensation for a Concussion From an Airbag?

When the airbag deployed, there was no warning. One moment, traffic was moving; the next, the cabin filled with smoke and force, and everything stopped. Now, days later, the headaches have not gone away. Concentration is difficult. The insurance adjuster has already called, and the bills from the emergency room have started to arrive. If you were involved in a car accident and the airbag deployed, you may have a car accident claim in South Carolina that is worth more than an early settlement offer reflects, especially when a concussion is involved.

Patrick, Lewis & Watts is a Greenville-based trial firm with four attorneys carrying more than 100 years of combined courtroom experience in South Carolina personal injury matters, including airbag concussion claims and serious car accident injury cases. When an insurer will not acknowledge the true scope of an airbag concussion injury, having a firm prepared to take the case to trial changes what is possible.

Can an Airbag Give You a Concussion?

Airbags are designed to reduce injury in a collision, but the deployment itself generates significant force. In a crash, an airbag can deploy in a fraction of a second, and the rapid expansion of the bag can cause the head to snap forward, backward, or to the side. When that movement occurs, the brain shifts inside the skull. That shift is a traumatic brain injury, specifically a concussion.

Concussions from airbag deployments may not produce immediate symptoms at the scene. The adrenaline of a crash, combined with the shock of impact, can mask symptoms for hours. In some cases, symptom onset is delayed by a day or more.

What Is Post-Concussion Syndrome?

Some people who sustain a concussion continue to experience symptoms long after the initial injury period. Post-concussion syndrome is a recognized medical condition in which concussion symptoms persist for weeks or months beyond the crash. Symptoms can include persistent headaches, cognitive difficulty, mood changes, and disrupted sleep. Post-concussion syndrome is medically documented and can extend both the period of treatment and the value of a legal claim. Continued follow-up with a neurologist or primary care physician after a concussion is important for both medical recovery and for building the record that supports your case.

Who Can Be Held Liable for an Airbag Concussion Injury in South Carolina?

One of the most important aspects of an airbag concussion claim in South Carolina is identifying every party whose conduct may have contributed to the injury. Depending on the circumstances of your crash, more than one party may bear legal responsibility.

The at-fault driver is the most common liable party in a car accident injury claim. When another driver’s negligence caused the collision that triggered the airbag deployment, that driver and their insurance carrier may be responsible for the resulting injuries, including a concussion.

In some cases, the vehicle or airbag manufacturer may also be a liable party. Airbags that deploy with excessive force, fail to deploy when they should, or malfunction in ways that cause or worsen injury may give rise to a product liability claim separate from the driver negligence claim. This type of claim requires a thorough investigation, which may include vehicle inspection and, in complex matters, accident reconstruction.

Identifying all potentially liable parties requires the kind of investigation that a trial-ready firm is prepared to conduct from the first stage of representation. The full picture of who is responsible for an airbag concussion injury is not always apparent at the outset, and a thorough case evaluation is the way to find out.

What Compensation Can You Recover After an Airbag Concussion in South Carolina?

When a concussion results from another party’s negligence or from a defective airbag, South Carolina law may permit recovery across several categories of damages. The specific amount will depend on the facts of your case, the severity of the injury, and how the injury affected your life.

Medical expenses are typically the most concrete category of damages. This can include the cost of the emergency room visit, follow-up appointments with a neurologist or primary care physician, diagnostic imaging, prescription medication, and ongoing treatment if post-concussion syndrome is diagnosed. Future medical costs may be recoverable when continued treatment is reasonably anticipated.

If concussion symptoms prevented you from working, even temporarily, lost wages may be recoverable as part of a personal injury claim. Cognitive impairment, difficulty concentrating, and persistent headaches can affect job performance in ways that extend well beyond the initial recovery period.

Non-economic damages, including pain and suffering and cognitive impairment, are often where the gap between an insurer’s early settlement offer and a fair resolution is widest. These damages are real and compensable, but they require documentation and, in many cases, advocacy to be taken seriously by the opposing insurer.

Steps to Take After a Concussion From an Airbag in South Carolina

A crash is disorienting. The days that follow can feel chaotic, and it can be difficult to know what to do first. Taking a few deliberate steps in the early period after a concussion from an airbag deployment can protect both your health and your legal options.

Seek medical care as soon as possible. Concussion symptoms can appear hours or days after a crash. A medical record from the day of the accident or the day after establishes the connection between the airbag deployment and your injury. Waiting several days to seek care can make that connection harder to document.

Follow up if symptoms persist. An ER visit is a starting point, not a complete evaluation. If headaches, confusion, sleep disruption, or other symptoms continue, follow up with a neurologist or your primary care physician. Continued care creates the medical record that reflects the true scope of the injury.

Keep a record of your symptoms. A brief daily log of symptoms, missed work days, and medical appointments can support your claim in ways that formal records alone may not capture. Note what activities are difficult and when symptoms are at their worst.

Try to avoid giving a recorded statement to the insurance adjuster before speaking with an attorney. Adjusters may request a recorded statement early in the process, before the full extent of your injury is clear. That statement can be used to limit a later claim. It can help to wait until you have a clearer picture of the injury and legal guidance before speaking on record.

Consider reaching out to a personal injury attorney before accepting any settlement offer. An early settlement may not account for ongoing treatment costs, lost wages, or the possibility of post-concussion syndrome. Speaking with an attorney before signing anything preserves your options.

If you are unsure about delayed symptoms after a car accident, that uncertainty is worth exploring before any settlement decisions are made.

How Long Do You Have to File a Claim for an Airbag Concussion in South Carolina?

South Carolina gives most injury victims three years from the date of the accident to file a personal injury lawsuit. That window may feel long, but the practical timeline for building a compensable case is much shorter.

Certain circumstances may affect the three-year window. Cases involving minors or claims against a government entity may be subject to different deadlines. Specific deadlines in your case may vary, and speaking with an attorney early is the most reliable way to understand your timeline and protect your options.

Why Choose Patrick, Lewis & Watts for Your Airbag Concussion Claim?

A concussion after a car accident can affect your memory, focus, sleep, mood, and ability to work. At Patrick, Lewis & Watts, we take these injuries seriously because their effects are not always visible right away. Our law firm looks at how the crash has affected your health, finances, and daily life, not just what appears in the accident report.

With more than 100 years of combined experience representing South Carolina residents in state and federal courts, our attorneys understand how to handle injury claims involving concussions and other accident-related trauma. We prepare each case with careful attention to medical records, symptoms, treatment needs, lost income, and the long-term impact of the injury.

Our firm focuses on clear communication, practical guidance, and steady advocacy throughout the legal process. We are prepared to negotiate for a fair and reasonable resolution, and when that does not happen, we are ready to represent clients in court. Patrick, Lewis & Watts works to protect your rights and pursue the compensation you deserve.

Client Testimonials

“My experience with Stephen Lewis and his team was nothing short of outstanding. Mr. Lewis is professional, straightforward, and very knowledgeable, and I appreciated him from the very start. I could not have asked for a better attorney to handle my case after my car accident. I will definitely recommend him to my friends and family.” – Beth R.

“Rusty Patrick is a very compassionate and understanding attorney with a wealth of knowledge when dealing with insurance companies with at fault clients. This ordeal was so much more complicated than I ever anticipated dealing with auto and medical insurance. I highly recommend Rusty Patrick.” – Pam B.

“My experience with the team at Patrick, Lewis & Watts, P.A. was nothing short of outstanding. Mr. Lewis handled my case with the utmost professionalism and care. He fought tirelessly for my case. It was an emotionally exhausting case with too many complexities involved but his strategic thinking and bold advocacy helped me achieve a favorable outcome.” – Jennifer M.

Frequently Asked Questions

Can You Sue for a Concussion Caused by an Airbag?

You may have grounds for a personal injury claim if another driver’s negligence caused the crash that triggered the airbag deployment. Depending on the circumstances, there may also be a product liability path if the airbag itself malfunctioned, deployed with excessive force, or failed to deploy correctly.

How Much Is an Airbag Concussion Claim Worth in South Carolina?

There is no fixed amount. The value of a concussion claim depends on several factors: the total cost of medical treatment, whether symptoms prevented you from working and for how long, whether post-concussion syndrome was diagnosed, and the degree of pain and cognitive impairment involved. Non-economic damages can be substantial in concussion cases where the injury affected daily function for an extended period. An attorney can evaluate the specific facts of your case and help identify what compensation may be available.

What if My Concussion Symptoms Appeared Days After the Crash?

Delayed symptoms are medically recognized in concussion cases. The injury may not produce noticeable symptoms immediately after impact, particularly in the presence of adrenaline and shock. If symptoms appear in the days following the crash, seek medical care promptly and inform your physician that the symptoms began after a car accident. Delayed presentation does not eliminate a claim, though earlier medical documentation generally strengthens one.

Does My Health Insurance Cover Concussion Treatment After a Car Accident?

Health insurance may cover some or all of your initial treatment, but if another driver was at fault, their liability insurance may ultimately be responsible for reimbursing those medical costs. MedPay coverage on your own auto policy may also apply, depending on your policy terms. Coverage questions are fact-specific and policy-specific. Speaking with an attorney before assuming your health insurance fully resolves the medical expense question can help clarify what you may be entitled to recover.

What if the Airbag Malfunctioned and Made My Concussion Worse?

If the airbag deployed with excessive force, failed to deploy when it should have, or otherwise functioned incorrectly, there may be a product liability claim against the manufacturer separate from any negligence claim against the at-fault driver. This type of claim typically requires a detailed investigation, which may include vehicle inspection and, depending on what that reveals, accident reconstruction analysis. What a thorough investigation reveals will determine whether a manufacturer’s claim is viable in your case.

Contact Patrick, Lewis & Watts About Your Airbag Injury in South Carolina

Concussion recovery is disorienting, and the legal process should not add to that burden. If you were injured in a car accident in the Greenville area or elsewhere in South Carolina, and you have questions about what your airbag concussion claim may be worth, we welcome the conversation.

Reach out to discuss your case. Patrick, Lewis & Watts serves clients throughout Greenville, Spartanburg, Anderson, and Pickens counties. Call us at (864) 240-5500 or use our online contact form to get in touch.