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THE LAW - A car accident can change your life in seconds. When that accident leaves you with a permanent disability, the impacts go far beyond the initial crash. You might face ongoing medical treatments, the inability to work as you did before, and significant changes to your daily life.
However, knowing what legal options are available can provide a sense of control and hope for the future, enabling you to focus on your recovery and rebuilding your life.
How Permanent Disabilities Affect Your Life
A permanent disability is any long-lasting physical or mental condition that limits your abilities and isn't expected to improve. After a car accident, this might include spinal cord injuries, traumatic brain injuries, loss of limbs, severe burns, vision or hearing loss, chronic pain, and permanent nerve damage. Notably, over 70 million adults in the US reported a disability in 2022, accounting for more than 1 in 4 adults. The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities.
The effects of a permanent disability can be far-reaching, impacting daily activities, work, relationships, and independence, and often come with significant financial costs, including medical expenses and lost income.
What are the Legal Options for Car Accident Victims with Permanent Disabilities
Proving liability in a commercial vehicle accident requires gathering strong evidence and identifying all responsible parties. From police reports to company records, each detail plays a key role in supporting your claim. Here are the key steps:
1. File a Personal Injury Claim
The most common legal option after a car accident is filing a personal injury claim. This type of claim seeks compensation from the at-fault driver’s insurance company. If the accident was caused by someone else’s negligence, such as speeding, drunk driving, or distracted driving, you have the right to hold them accountable.
In a personal injury claim, you can seek compensation for:
- Medical expenses (past and future)
- Lost wages and earning capacity
- Pain and suffering
- Emotional distress
- Costs of ongoing care and rehabilitation
By pursuing a personal injury claim, you can hold the responsible party accountable and receive the compensation you need to recover from your injuries and move forward with your life.
2. Pursue a Product Liability Claim
In some cases, the car accident may have been caused by a defective vehicle part, such as faulty brakes or airbags. If this is the case, you may have grounds for a product liability claim against the manufacturer. This type of claim can be filed in addition to a personal injury claim.
3. Consider a Lawsuit
If the insurance company does not offer fair compensation, you may need to file a personal injury lawsuit. A lawsuit allows you to seek full compensation beyond what insurance may cover. An NJ car accident lawyer, such as from rosengardlawgroup.com, can help you deal with the tough legal process and ensure you receive the compensation and benefits you deserve. Your attorney will help gather evidence, prove negligence, and present your case in court if necessary.
4. File a Workers’ Compensation Claim
If the car accident occurred while you were on the job, you may be eligible for workers’ compensation benefits. These benefits can cover medical expenses and a portion of your lost wages. However, workers’ compensation typically does not provide compensation for pain and suffering.
5. Explore Social Security Disability Benefits
If your permanent disability prevents you from working, you may qualify for Social Security Disability Insurance (SSDI). This federal program provides monthly financial assistance to individuals who are unable to work due to a disability. Applying for SSDI can be a lengthy process, so it’s wise to seek legal assistance to ensure your application is complete and accurate.
Who Can Be Held Liable for Your Injuries?
Liability in a car accident depends on various factors, including who was at fault. Potentially responsible parties include the other driver whose negligence, such as reckless driving or drunk driving, caused the accident. The vehicle manufacturer found a defective part or mechanical failure that contributed to the crash.
A government entity if poor road maintenance or faulty traffic signals played a role. Employers of commercial drivers if you were injured in an accident involving a company vehicle. Determining liability is essential in seeking compensation, and working with an experienced attorney can help gather the necessary evidence.
What If the At-Fault Driver Is Uninsured or Underinsured?
If the driver responsible for your accident does not have enough insurance to cover your damages, you may still have options. Uninsured/Underinsured Motorist Coverage under your insurance policy may cover some of your expenses if you have this coverage.
Suing the at-fault driver personally is another option; if the driver has assets, you may be able to recover compensation through a lawsuit.
Conclusion
A car accident that leads to a permanent disability can drastically change your life. However, you have legal options to pursue compensation for medical expenses, lost wages, and pain and suffering. By understanding your rights and working with an experienced attorney, you can ensure that you receive the financial support you need.
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