GM Issues Compensation Framework for Injuries and Deaths Due to Ignition Switch Recall
Posted on behalf of Goldberg Finnegan, LLC on Jul 01, 2014 in Product Liability
On June 30, 2014 GM issued its framework and guidelines for providing compensation to individuals injured and killed as a result of the ignition switch defect. A claim resolution facility has been set up, and it will be run by Kenneth Feinberg. Claims must be filed by December 31, 2014. Compensation will be paid to individuals injured prior to December 31, 2014. Some interesting things to note about the compensation plan:
(i) If an airbag deployed, then no compensation will be paid. (ii) The 3 categories of claims are Individual Death Claims, Category One Physical Injury Claims (paralysis, amputations, severe burns, and severe permanent injuries), and Category Two Compensation Claims (other injuries that required overnight hospitalization (or if extraordinary circumstance as determined by claim administrator, outpatient medical care). (iii) Contributory Negligence such as texting while driving and even intoxication will not be taken into account. This means that even is the driver or pedestrian was partially at fault for the incident, the claim will still be paid if it otherwise qualifies). (iv) Individuals injured but who were not hospitalized overnight will receive up to $20,000.00 if the medical treatment occurred within 2 days of the accident.
Individual Death Claims that are eligible for payment will receive at least $1,000,000.00 plus $300,000.0 for the surviving spouse, $300K for each surviving dependent of the decedent, and economic loss compensation for presumed lost earnings, etc.
Personal injury cases requiring overnight hospitalization will receive between $20,000.00 and $500,000.00 depending on the number of nights of overnight hospitalization. For example, an individual who is injured as a result of a GM switch recall and who is hospitalized overnight for 2 nights would receive $70,000.00. For a 8 night hospitalization the individual would receive $170,000.00.