While every car accident can be tragic and result in loss, those that cause one or more individuals to become permanently disabled are particularly devastating. Depending on the severity of the collision, victims could sustain a variety of injuries ranging from minor whiplash to long-term disabilities or even death. Besides ensuring the health of the disabled individual, one of the most important things to consider is how they can be fairly compensated for their resulting medical and other expenses. Work with a Rockland County car accident lawyer when filing a claim or lawsuit to ensure you have skillful representation throughout the legal process.
What Qualifies as a Permanent Disability?
Generally, a permanent disability is a physical or mental impairment suffered that has no reasonable chance of improving. A doctor will determine that the condition has been treated as much as it possibly can and that the individual will continue to be limited in the work or activities that they can do as a result of their injury. Permanent disabilities last indefinitely and impact daily tasks and the regular functioning of the body.
How Can Car Accident Victims Be Fairly Compensated After Being Permanently Disabled?
Individuals who were injured in a car accident and left permanently disabled can take several legal actions to pursue compensation. As with any car accident, they can file a claim with the negligent party’s insurance or file a lawsuit against them through the court.
New York is a no-fault accident state, meaning that when a car accident occurs all individuals involved must first pursue compensation through their own insurance provider for medical expenses and lost wages, regardless of fault. However, when an individual is disabled they can seek further damages through the negligent driver’s insurance.
A victim’s first action should generally be pursuing a settlement with the at-fault driver’s insurance provider. Although they can receive compensation for medical and various expenses, because the disability is permanent the settlement may not result in a high enough amount to cover expenses.
A lawsuit can be filed against the other driver in an effort to be awarded higher compensation. It is important to note that by accepting an insurance settlement, the individual will sign away their right to pursue further compensation. It is worth it to look into filing a lawsuit to avoid receiving an unfair settlement.
Should I Hire an Attorney?
When a car accident is so severe that it leaves you permanently disabled, it is important to hire skilled legal representation. Obtaining a fair settlement or compensation is crucial in ensuring that you have the funds to cover your ongoing medical costs as well as loss of income, pain and suffering, and more. Your attorney will help you understand your rights, gather and present evidence, represent you, and make sure you are awarded a fair amount of damages. Contact Mitchell J. Schroder, P.C. to schedule your free consultation today.
