A vehicle accident can cause a financial, emotional, and physical burden. The impact on your life may also be considerably worse if you sustain permanent injuries from a car crash. Fortunately, you can include such damages in your compensation to maximize your payout. While receiving a settlement may not bring your everyday life back, it can help lessen the financial burden brought on by the injury.
If you are involved in a car accident in California, this guide will help you understand how having a permanent injury can significantly affect your car accident claim and what to do to protect your legal rights.
Can Vehicle Accidents Result in Permanent Injuries?
The severity of the impact of a car accident may vary depending on several factors, such as the speed of the vehicle, the absence of safety equipment, and others. Unfortunately, some auto collisions may result in significant or permanent injuries and even death. According to the National Highway Traffic Safety Administration, the number of deadly accidents in the United States increased by more than 16% from 2018 to 2022 — from 36,835 fatal car crashes in 2018 to 42,795 fatal car crashes in 2022.
This is why road users must always exercise the utmost care when traveling and use safety equipment when needed to prevent the risks of catastrophic injuries from auto crashes.
What Are the Most Common Types of Permanent Injuries from Car Accidents?
Depending on the nature of the crash, victims may experience several bodily damages that may hinder them from living their everyday lives. Usually, the following permanent injuries result from severe collisions:
- Spinal cord injuries can cause partial or complete paralysis, limiting motion and feeling below the site of the lesion.
- Traumatic brain injuries (TBIs) can result in long-term cognitive impairment, memory loss, mood disorders, and behavioral changes.
- Serious injuries to limbs may necessitate amputation, resulting in permanent impairment and a severe impact on everyday living.
- Severe burns from car accidents involving fires or explosions can result in permanent disfigurement and impairments in mobility and function.
- Car accidents can cause chronic pain syndromes such as fibromyalgia, complex regional pain syndrome (CRPS), and chronic back pain, all of which can have a substantial impact on quality of life.
- Internal organ damage, such as injuries to the lungs, kidneys, or liver, can result in long-term problems and loss of organ function.
Suppose you are involved in a car accident in California. In that case, it is critical to seek urgent medical assistance following a car collision, as some injuries may not be apparent but can have long-term effects if left untreated.
How Can Having a Permanent Injury Affect My Car Accident Claim?
Sustaining a permanent injury may affect your overall life. Suffering from significant bodily damage may change how you think, move, and live. It can also become a substantial financial burden, as you may need long-term rehabilitation and treatments.
The good news is that you can file a car accident claim to receive compensation for the damages incurred from the crash if it results from another driver’s negligence. While compensation can’t restore your previous lifestyle, it can alleviate the financial burden of the accident.
Usually, when filing a claim for a car accident, the following factors may be affected if you are pursuing compensation for a permanent injury:
Permanent Injury Settlement Amounts
An injured victim of a car accident resulting from another party’s negligence can claim compensation for the damages. In most cases, they consider tangible losses, such as medical bills, property damage costs, and out-of-pocket expenses, when calculating the total value.
This is similar to sustaining permanent injuries. However, such injuries often require substantial medical treatment, continued care, rehabilitation, and medication. As a result, your medical bills and other health-related expenses may rise, increasing your overall permanent injury settlement amount.
Additionally, you may lose income or earning capacity if your persistent injury prevents you from returning to work or fulfilling your previous job duties. This loss of income might be included in your vehicle accident claim.
Emotional and mental discomfort, such as Post-Traumatic Stress Disorder, can also result from permanent injuries. Fortunately, you may also include these in your settlement.
Negotiations
Insurance companies typically settle a claim quickly to avoid additional expenses. For instance, you initially thought you only incurred bruises and sprains from a collision. As soon as the insurance provider knew this, they tried to offer a settlement covering those losses. As the months passed, you discovered you had internal bodily damage. Since you accepted the initial offer, you are no longer entitled to compensation for the medical costs associated with your internal injury.
This is why car accident lawyers usually advise their clients to have an overall medical diagnosis to determine the total damages. If they determine that you have a potential permanent injury, they will try to negotiate much higher compensation by including other types of damages.
At the same time, some attorneys advise you to take your case to trial to increase the chances of maximizing your claim. This is because they understand the severity of your injuries and may contend for a value that you may only attain by going to court.
If you are involved in a car accident in California, sustaining a permanent injury can significantly influence your auto accident claim, including how much compensation you will be paid for future damages, lost wages, medical bills, and pain and suffering. You must obtain legal counsel to handle the complexities of your claim and optimize your recovery.
How Can I Prove That My Permanent Injury Results from the Crash?
When including the losses attributed to your permanent injury, the insurance company will likely look for evidence proving that your injury results from the car accident. Without valid and sufficient proof, you might receive a reduced settlement or nothing at all.
To prove that your permanent injury was caused by the accident, you must compile convincing evidence by collecting the following:
- Medical Records: Ask healthcare specialists for complete medical records that show the extent of your injuries, treatment, and prognosis.
- Accident Reports: Provide any accident reports, photographs, or videos from the crash scene that show the circumstances and severity of the impact.
- Documentation of Damages: Keep track of all expenses linked to your injury, such as medical bills, rehabilitation fees, missed wages, and other financial losses experienced as a result of the accident.
- Witness testimonies: Obtain testimonies from people who witnessed the accident or can testify about your injuries and how they affect your everyday life.
- Expert Testimony: Consult with medical experts, such as physicians and specialists, who may testify regarding the cause of your injuries and their long-term consequences.
- Long-Term Prognosis: Collect paperwork from healthcare professionals explaining the long-term impact of your injuries and any additional therapy or care you may need.
While these types of evidence can help prove your claim, injured victims typically fail to collect them since they are recovering from their injuries. This is where a car accident lawyer comes in. A competent attorney can help gather evidence, prove liability, and negotiate on your behalf while you focus on getting better.
Do I Need a Car Accident Lawyer to Prove My Claim?
As mentioned, insurance companies will try to reduce your settlement by offering an initial offer that hardly compensates for your overall damages. What happens if you have significant bills and lack the resources to cover them? Victims tend to accept the initial offer in such cases.
A car accident lawyer can review the specifics of your crash and identify the most appropriate legal strategies tailored to your circumstances and needs. They can also perform the following tasks to enhance the chances of a favorable outcome in your claim:
- Gather evidence to bolster your case.
- Determine the liability of the at-fault party.
- Evaluate the complete scope of damages incurred.
- Communicate with insurance providers on your behalf.
- Commence legal action if necessary under the circumstances.
Why Choose a California Car Accident Attorney from Jacoby & Meyers?
At Jacoby & Meyers, our unwavering commitment to aiding accident victims in securing the justice they deserve remains steadfast. We are dedicated to giving back to our communities by facilitating access to essential medical care for those affected by accidents. Our legal team has streamlined an efficient process to ensure that you are well informed about your legal rights and receive the justice rightfully due to you.
Our team of devoted legal professionals provides outstanding service by:
- Maintaining transparent and open communication throughout the entirety of your case.
- Skillfully negotiating with insurance companies to secure fair and equitable compensation on your behalf.
- Assisting in coordinating appropriate medical treatments as recommended by your healthcare provider.
- Providing support for any other concerns related to your accident to alleviate your worries.
- Safeguarding your legal rights by establishing liability, assessing the extent of damages, and staunchly advocating for your claim.
We offer a complimentary consultation where you can receive legal guidance from California car accident attorneys. To explore your legal options, contact us at 800-500-0000.
Jacoby & Meyers. Because Everyone Deserves Justice.
Hear From Our Past Clients
While numerous law firms may assert comparable statements, we provide substantial legal assistance to our clients. Consequently, we encourage our past clients to share their positive experiences with our legal services.
“My experience with Jacoby was excellent! They’re very efficient and get the job done!! Especially if you do everything the way they want you to do it. It works out beautifully. Great customer service, all good. The doctors and medical staff that worked with Jacoby were excellent, also five stars for the medical staff!”
-Jeanie O.
Frequently Asked Questions
Do you have further questions regarding auto accident claims? We got you! Here are some frequently asked questions from injured auto accident victims that may help explain some aspects of your case.
- How Do I Include Lost Wages in My Personal Injury Claim?
- Do I Need A Police Report When Filing for a Car Accident Claim?
- What is the Average Settlement for a Car Accident?
- What Happens if the At-Fault Party Doesn’t Have Car Insurance?
- My Personal Injury Settlement Check is Late; How Long Will It Take?
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