Injuries sustained in a serious car accident can be life altering, both physically and mentally. If an automobile accident has left a person permanently disabled, the injuries not only affect the accident victim, but oftentimes the entire family. A permanent disability can leave the family of the injured victim overwhelmed with medical bills, in-home care and lost wages.
New medical devices may need to be purchased to accommodate the disability. Regularly attending physical therapy sessions to regain as much movement as possible, ongoing surgeries and medical expenses, possibly 24-hour assistance, along with mental health therapy are oftentimes needed to adjust to life moving forward.
Some of the most common types of permanent disabilities we see as auto accident attorneys include: partial or total paralysis, crushed limbs and amputations, vision and hearing loss, traumatic brain injuries (TBI’s) and post traumatic stress disorder (PTSD).
What Is a Permanent Disability?
An individual is permanently disabled if he or she can no longer engage in a substantial income-producing activity due to a physical or mental condition. Further, for the injury to qualify as a permanent disability, a physician has evaluated the person and has determined that this condition has lasted or is expected to last continuously for at least a year. Many permanent disabilities result from an individual being involved in a serious accident and can range in scope depending on the type of accident and type of injuries sustained.
What Are the Types of Permanent Disabilities?
A permanent disability can be both total and partial. If the victim is totally and permanently disabled, he or she will be unable to ever return to what his or her normal daily activities or work were prior to the injury. One example of a total and permanent disability is someone who becomes a quadriplegic after being involved in a serious accident. However, a permanent disability can also be partial in scope. A partial permanent disability occurs when the person can resume his or her day-to-day jobs and activities, but because of the injury, his or her normal way of doing these activities has been permanently changed.
Examples of Permanent Disabilities
One common permanent disability is paraplegia. This condition includes paralysis or loss of use of the person’s lower half of his body, including the legs or feet. Paraplegia involves loss of sensation in the limbs, as well as loss of movement and reflexes. Many paraplegics will lose other capabilities involving the lower portion of their bodies, including control over their bowel movements and loss of sexual function. Quadriplegia is another disability where the injured individual suffers from paralysis of his or her legs or arms. This disability is a total permanent one since the injured party will rarely be able to ever return to work or his or her prior daily activities. Additionally, hemiplegia is another form of paralysis where the injured party is paralyzed on one side of his or her body and can drastically affect the injured party’s parts of the brain that controls movements of the limbs.
How Does a Permanent Disability Affect Your Car Accident Case?
A settlement from an auto accident is meant to compensate the injured individual or make him or her “whole,” again. If the injured party has suffered from a serious injury that has permanently disabled him or her, this can drastically affect the settlement received in the case. Permanent disability is often referred to as a “residual injury,” which means the injuries sustained in the accident are meant to continue indefinitely or long-term future. Even a small residual disability will greatly increase compensation received for the accident.
What Is a Temporary Total Disability?
Another category of disability involves temporary total disability. Like the term indicates, these injuries are ones that leave the victim temporarily unable to work or carry out daily activities. Just because they are temporary does not mean they are any less serious. These injuries are simply shorter in duration. Because of this person’s temporary inability to work, he or she still has a loss of income and will likely be unable to pay for medical bills and other expenses related to the accident.
Permanently disabled car accident victims who were not at-fault for the accident can file a personal injury lawsuit to seek compensation for medical expenses (past, future and current) related to the accident, as well as lost wages, loss of earning potential, and pain and suffering.
FREE CONSULTATION WITH A MIAMI AUTO ACCIDENT PERSONAL INJURY ATTORNEY
If you have been injured in a motor vehicle accident in Florida, it is very important to consult with an experienced Miami auto accident attorney immediately. Florida auto accident victims have only 14 days to seek initial medical attention to receive insurance benefits after an accident, so it is important you are seen by a doctor as soon as possible following the accident. Spencer Aronfeld is a Board Certified Trial Lawyer, and understands Florida’s complex personal injury laws. Since 1991 Aronfeld Trial Lawyers have fought hard to protect the legal rights of the injured and their families- and hold auto insurers like State Farm, Allstate, Progressive, GEICO and others accountable for the pain and suffering, medical expenses, lost wages and other damages suffered by our clients. Contact us today and speak with an experienced Miami auto accident attorney toll free 1-866-597-4529, local 305-441-0440, or by email. We offer a free initial consultation at your home, office, hotel or hospital. Call us today, we are ready to help.