What Happens When a Car Accident Causes Permanent Disability?

When a car accident causes permanent disability, the victim may experience lifelong medical costs and physical limitations. Permanent disability affects every area of a person’s life, impacting not just the individual but also immediate family members. When the crash occurred due to another person’s negligence, you may be eligible to recover damages. At The Law Office of Mark C. Tanenbaum, P.A., our Charleston car accident lawyers offer tenacious representation in the face of adversity.

Ongoing Medical Costs

A permanent disability following a car accident can prevent a person from performing routine tasks and even from returning to work. Initial medical bills can include ambulatory costs, emergency room care, medical imaging/testing, surgeries and/or treatments, and prescription costs. Upon discharge from the hospital or medical facility, you will have expenses related to physical therapy, mobility aids, and prostheses.

Your physical impairments may prevent you from easily getting around your home, forcing you to have doorways widened and a stairlift installed. As your condition continues to deteriorate due to age, you may have to undergo future surgeries and treatments. All of these costs can add up quickly, placing a financial burden on you and your loved ones.

Lost Earnings and Loss of Future Earnings

A person who suffers a permanent disability or long-term effects from a crash will experience lost earnings in the weeks or months following. In many cases, the person may be unable to return to work, resulting in hundreds of thousands of dollars in lost income. On top of accruing medical bills, you may be unable to pay your everyday living expenses or utilities. This can be a devastating blow to your family if you are the primary breadwinner.

Pain and Suffering

Although no less important, many accident victims overlook the emotional losses that result from an accident. Often referred to as pain and suffering damages, these include intangible losses that affect your quality of life. Common pain and suffering damages in a permanent disability claim include infliction of emotional distress, disfigurement, and loss of mobility or chronic pain.

Since these losses have no financial component, they can be more difficult to quantify. Our Charleston car accident attorneys recommend keeping a pain and suffering journal, which documents your physical and emotional well-being. A new entry should be created daily, which details your mood, physical limitations, physical improvements, and any new symptoms.

Compensation is Only Possible After Establishing Fault

Suffering damages alone is not enough for a valid car accident claim. Fault will also need to be established, which requires showing that the at-fault driver acted with less than reasonable care, causing you harm. In some situations, an injured driver may be found partially at fault for their injuries.

The state of South Carolina allows an injured party (plaintiff) to recoup damages as long as they are no more than 50 percent at fault. Established in Nelson v. Concrete Supply Co., the state adopted modified comparative negligence, eliminating the contributory negligence doctrine (which barred the plaintiff from compensation for any percentage of fault). Under comparative negligence, your compensation will be reduced based on your percentage of fault. For example, a $10,000 bodily injury claim will be reduced to $7,500 if you are deemed 25 percent liable. To ensure that you are not being assigned undue liability, you should speak with our Charleston car accident attorneys as soon as possible.

Speak with Our Charleston Car Accident Attorneys Immediately

If you have experienced permanent disability or long-term consequences due to a collision, reach out to The Law Office of Mark C. Tanenbaum, P.A. With five decades of litigation experience, our Charleston car accident lawyers are prepared to advocate for your rights. We know what legal strategies to utilize to help you achieve the best possible outcome. To arrange your free consultation with a member of our legal team, you can reach our office online or by phone at (843) 577-5100.