Permanent Disability Lawsuit In 2024 - Your Right to Maximum Compensation
What are your options if you suffer an injury that your doctor has determined as permanent or long-term? Do you immediately file a permanent disability lawsuit? This article discusses your legal remedies if a car accident or workplace incident caused you to have a permanent disability.
What is a permanent disability?
A permanent disability is a lasting impairment which could be physical or mental. It tends to limit your ability to work or lower your quality of life. This type of disability entitles the injured victim or employee to receive a heftier compensation or at least a reasonable amount over some time.
That is, if you file a long-term disability claim against the insurance company of the party at fault, you could be entitled to weekly checks from the insurance company. However, the checks might not always be sufficient to cover for your monthly medical bills and loss of income. If that is the case, you have the option of negotiating with the insurance company for a bigger permanent disability settlement.
If the insurance refuses to give you the amount you truly deserve, then your best option is to file a long-term disability lawsuit. Tap the help of an experienced permanent disability lawyer who can prove your case before a judge or jury.
Regardless of your option, it makes sense first to speak with a personal injury lawyer like Ethen Ostroff to discuss the pros and cons of each option.
What are common examples of permanent disability?
Cuts and bruises, sprains, whiplash, and broken and dislocated bones are common injuries obtained by victims of car crashes. However, these short-term injuries can pretty much heal over a short period.
In contrast, long-term or permanent disability requires ongoing medical treatment or physical therapy. Some common lifelong disabilities include the following:
When the brain injury is severe, it can cause a permanent loss of vision, speech difficulty, and difficulty remembering, among others.
Spinal cord injuries and nerve damage lead to loss of feeling in certain parts of the body. The injured victim might need a wheelchair and undergo rehabilitation forever.
internal organ damage can cause internal bleeding and organ failure. Exposure to certain chemicals can also lead to organ damage, like permanent lung damage, and types of cancer, such as mesothelioma.
the apparent effect of fractures is physical, which could then affect the normal movement of a person.
The loss of a hand, finger, foot, leg, or arm would affect the ability of a person to work and live normally.
Loss of sight and loss of hearing are often categorized as long-term disabilities.
How to successfully file permanent disability claims
Here are some tips to ensure that you get the settlement you deserve from a permanent disability claim:
If you were injured in a motor vehicle accident, you should report the incident as soon as possible to the police. They should then prepare a police report detailing what happened. Make sure to inform the police that it is not your fault.
A medical report duly signed by your attending physician is your most important piece of evidence.
Ensure to follow your doctor’s orders – from medicines to therapies. Any action you make against your doctor’s advice could harm your case.
Insurance companies will try to block your permanent disability lawsuit claims by alleging that your claim is not valid, filed beyond time, or has no merit. When you are honest, the insurance company will find it ultimately hard to deny your permanent disability lawsuit claim.
It is important that you file within the period prescribed under the statute of limitations of the state where you are filing.
Let a personal injury lawyer evaluate your case and your eligibility to receive compensation for permanent disability.
What is included in your permanent disability settlement?
Your settlement with the insurance company or the negligent party should include the following:
- Past and present medical expenses.
- Future medical treatment, as necessary, including required treatment or surgery.
- Lost earnings and opportunities.
- Lost earning capacity.
- Loss of consortium, when applicable.
What damages may you claim?
When you file and win a permanent disability lawsuit claim, you may be awarded any or both types of damages:
This refers to the economic and non-economic damages intended to compensate the victim of a motor vehicle crash or workplace accident. Included are compensation for out-of-pocket expenses, lost earnings and loss of earning capacity, pain and suffering, decreased quality of life, and emotional distress.
In addition to the actual and compensatory damages, the defendant will also be admonished for his wrongdoing, especially if there was intent or recklessness on his part.
compensation for permanent disability may depend on several factors, namely:
- The job of the victim at the time of the accident.
- Age of the victim.
- The professional standing of the injured.
- The severity of the injury.
- Impact of the injury on the person and family of the injured party. The compensation is higher if the injured is a breadwinner of their family.
Permanent disability lawsuit: what do you need to prove
A permanently disabled person needs to prove that he is entitled to compensation. The following must be proved with clear and convincing evidence:
- Duty of care on the part of the defendant.
- Breach of said duty on the defendant’s part through negligence or malice.
- Such breach caused injury or damage to the plaintiff.
- The plaintiff suffered permanent disability.
- There was no negligence on the part of the plaintiff.
Contact Ethen Ostroff Law before the statute of limitation expires
The statute of limitation is the period within which the victim may file a long-term disability lawsuit. However, this limit varies per state. For example, in Pennsylvania, you must file your claim for damages for a personal injury within two (2) years from the accident or discovery of the injury. On the other hand, if filing under workers’ compensation, the injured worker has three (3) years from the accident to make a claim.
Call us at Ethen Ostroff Law so we can evaluate your case and assess your eligibility to file a long-term disability claim. For a stronger case, we can provide you access to our wide network of Permanent disability lawyers in Philadelphia and surrounding cities and states. Give us a call today 610-510-8883 or click here for a free consultation.