How to Recover Damages with a Long-Term Disability 

How to Recover Damages with a Long-Term Disability 

When personal injury accidents result in catastrophic injuries, victims may be entitled to recover compensation to offset the long-term damages of their disability.

Summary

•  Long-term disabilities from personal injury accidents can have severe physical, emotional, and financial impacts. 
• Motor vehicle accidents, slip-and-falls, workplace incidents, and medical malpractice are the leading causes of catastrophic injuries that result in long-term disabilities.
• Disabilities may include severe fractures, spinal cord injuries, traumatic brain injuries, or mental health disorders that significantly impair daily life or work capabilities.
• Permanent or severe disabilities can increase the value of a personal injury claim due to the injured party’s high medical costs, loss of income, pain, suffering, and future care needs. 
• Jones Law Group assists clients with filing claims, gathering medical evidence, demonstrating work impairments, and navigating appeals, ensuring a robust case for financial relief.

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Suffering a long-term disability due to a personal injury accident can be devastating physically, emotionally, and financially. In such cases, pursuing a legal claim for damages becomes crucial to ensure fair compensation.

For a catastrophic injury that results in a long-term disability, hiring a personal injury lawyer is necessary to recover damages. Our team of catastrophic injury attorneys can provide the level of legal expertise you will need to maximize your compensation in negotiations with the insurance company.

The Jones Law Group will fight to ensure you get every dollar you have coming for your suffering caused by another’s negligence. Schedule a free consultation by contacting us online or calling (727) 571-1333.

Types of Personal Injury Accidents that Can Cause Long-Term Disability 

In 2021, Florida Health Department records shows that nearly 1.4 million people visited Florida emergency rooms due to non-fatal injuries. Many of these were debilitating, with lifelong consequences. When a personal injury is that severe, we call it a catastrophic injury.

Certain personal injury accidents have a higher potential to result in long-term disabilities due to the severity of the injuries sustained. The following accidents can lead to significant physical, emotional, and financial challenges for the victims. 

Motor Vehicle Accidents

Florida Crash Reports determined the state had 396,455 motor vehicle accidents in 2022, leading to 251,919 injuries. These auto accidents can result in traumatic brain injuries (TBIs) like coup-contrecoup injuries, spinal cord injuries, amputations, and severe fractures.

In Florida motor vehicle accidents, motorcyclists, bicyclists, and pedestrians are typically at a greater risk of becoming permanently disabled than the occupants of trucks or cars, as their injuries tend to be more severe.

The high impact and forces involved in such accidents can cause permanent disabilities, affecting mobility, cognitive function, and overall quality of life. Certain safety practices, such as using a seat belt or wearing a motorcycle helmet, can help reduce an individual’s risk of sustaining fatal or catastrophic injuries.

Slip and Fall Incidents

In 2020, an estimated 6.8 million people in the U.S. had to go to the emergency room after falling, according to NSC slip and fall data. Stores, schools, private residences, offices, and other locations are all common sites of slip and fall accidents.

Slip and fall accident victims may be able to recover damages for a long-term disability if they can prove that another party’s negligence was ultimately responsible for their injury. In a slip and fall claim, a person or business can be liable for damages if they failed to warn the victim or address the hazard in a timely manner. 

Falls from heights or slipping on hazardous surfaces can cause various injuries, including fractures, head injuries, and spinal cord damage. Severe falls can lead to traumatic brain injuries, fractured vertebrae, and spinal cord compression, resulting in long-term disabilities like paralysis or chronic pain.

Workplace Accidents

Industrial accidents, construction site mishaps, and machinery malfunctions can result in permanent disabilities. For example, a worker may be struck by a forklift in reverse, cut by the sharp edge of a tool, touch a scalding piece of equipment, slip or trip on improperly stored materials, or otherwise injure themselves on a job site.

These workplace accidents can lead to crushed limbs, traumatic brain injuries, and exposure to toxic substances, causing disabilities that hinder the ability to perform work tasks or even daily activities.

While jobs that are more physically demanding and involve handling heavy machinery are generally riskier, employees who work in offices or stores can also sustain a workplace injury that leads to a long-term disability with significant damages.

For instance, an office worker could lose their balance on a dangerous staircase with a missing handrail and break their hip, resulting in a permanent limp.

Medical Malpractice

Surgical errors, medication mistakes, and misdiagnoses can lead to debilitating injuries. Patients might experience nerve damage, organ failure, or other severe complications due to medical negligence, resulting in disabilities affecting physical or cognitive function.

In a medical malpractice case, had the provider correctly identified their condition and administered the appropriate treatment in an accurate and timely manner, the patient likely would have avoided the subsequent injury or complications.

Even if you are partially liable in your medical malpractice claim, you may still be able to recover compensation.

What Counts as a Disability in a Personal Injury Claim?

Defining a long-term disability is essential for determining eligibility for various forms of support, including legal claims for damages, benefits, and accommodations.

A disability is generally understood to be a condition that hinders an individual’s ability to participate fully in everyday life. The legal and regulatory framework for disabilities may vary by jurisdiction, but there are common elements that can help clarify what qualifies as a disability.

The following are some of the impairments that may be classified as disabling:

Fractures of the Leg or Arm

Severe fractures, such as those resulting from motorcycle crush injuries, may require surgeries, prolonged immobilization, and physical therapy, potentially leading to permanent limitations in range of motion, strength, and functionality. These limitations can hinder daily activities and employment opportunities.

Back Disorders

Spinal cord injuries, herniated discs, and vertebral fractures can result in chronic pain and restricted mobility. In some cases, spinal injuries sustained in catastrophic accidents can cause paralysis.

These conditions can lead to difficulties in walking, standing, and performing regular tasks, making it challenging to maintain a normal lifestyle or hold a job.

Soft Tissue Injuries

Damage to muscles, tendons, and ligaments can cause long-term pain and reduced functionality. Chronic pain from soft tissue injuries can impact mobility and overall quality of life, affecting the ability to engage in physical activities or work effectively.

Brain Injuries

A direct blow, penetrating strike, or a violent jerking motion can cause extensive brain damage. Depending on the location of the damage and how soon medical attention is administered, a brain injury can interfere with an accident victim’s sight, language processing, speech, judgement, concentration, memory, and personality. 

After sustaining a brain injury, an individual may be unable to communicate and process information effectively enough to hold a job or care for themselves.

Rehabilitation from a brain injury can take months or years, and many accident victims still experience permanent impairments even after undergoing rehab.

Anxiety Disorders

Mental health issues follow catastrophic injuries in many cases, especially if the patient is facing a lengthy recovery, extensive damages, or a long-term disability.

Traumatic events can lead to severe anxiety disorders that affect daily life and may qualify as disabilities. Conditions like post-traumatic stress disorder (PTSD) can lead to panic attacks, avoidance behaviors, and social and occupational functioning difficulties.

How Can a Disability Affect Your Settlement Offer?

A disability resulting from a personal injury can significantly impact the outcome of a settlement offer in a legal case. When negotiating a settlement, various factors are considered, and the presence of a disability can influence these factors in several ways:

• High medical bills: Long-term disabilities often involve extensive medical treatments, surgeries, therapies, and medications, contributing to substantial medical expenses that need to be compensated.
• Loss of income: Inability to work due to a disability can lead to loss of income and reduced earning capacity. This factor increases the claim’s value to cover present and future financial losses.
• Pain and suffering: Long-term disabilities can cause physical and emotional distress, resulting in increased compensation to account for the pain, suffering, and diminished quality of life experienced by the individual.
• Future expenses: Anticipated future medical costs and ongoing care requirements, such as rehabilitation, assistive devices, and modifications to living spaces, can significantly impact the settlement offer.

Filing for Disability After a Personal Injury Lawsuit

After a collision, you may be trying to figure out how to pay your motorcycle accident medical bills, car repairs, or other expenses. Your personal injury case could take months or even years to resolve, so it’s essential to explore all available options for financial support. 

One such option is seeking Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), which are federal programs that provide financial assistance to individuals with disabilities.

If you believe your long-term disability qualifies, here’s a more detailed explanation of the process involved in filing for disability benefits:

Understanding SSDI and SSI

SSDI benefits individuals who have worked and paid Social Security taxes. You must have accumulated enough work credits based on your work history to be eligible. 

Your disability must also meet the Social Security Administration’s (SSA) definition of a disability. This definition includes a severe medical condition that prevents you from engaging in substantial gainful activity (SGA) and is expected to last at least 12 months.

SSI is a needs-based program for individuals with limited income and resources. It provides financial assistance to disabled individuals, including those who haven’t worked enough to qualify for SSDI.

Providing Medical Evidence of a Long Term Disability and Damages

Medical evidence is a crucial component of your disability claim. You’ll need to provide comprehensive medical documentation that outlines the nature and severity of your disability, how it affects your ability to work, and the treatments you’ve undergone. This evidence could include medical records, test results, physician statements, treatment history, etc.

Demonstrating Impact on Ability to Work

Your disability must significantly impair your ability to work and earn a substantial income. The SSA evaluates your residual functional capacity (RFC), which assesses what types of work, if any, you can still perform despite your disability. You may qualify for benefits if your RFC is too limited for you to engage in gainful employment.

Gathering Necessary Documentation

This is where the legal firm you choose, such as the Jones Law Group, can play a vital role. Experienced attorneys can help you gather and organize the necessary documentation to build a strong case for your disability claim.

They can work closely with your healthcare providers to obtain accurate and comprehensive medical records demonstrating your condition’s severity and its impact on your ability to work.

Filing the Application

Once you have collected all the required documentation, you must complete and submit the appropriate application for SSDI or SSI. The application process can be complex. It requires careful attention to detail to avoid delays or denials.

Navigating Appeals if Necessary

It’s important to note the SSA denies many disability claims. If this happens, you have the right to appeal the decision. A skilled legal team can guide you through the appeals process, presenting your case more effectively and increasing the chances of a successful outcome.

How Can Jones Law Group Help You?

The experienced attorneys with the Jones Law Group can help in many ways, including the following:

• Legal expertise: We understand the complexities of personal injury law and can navigate the legal process effectively.
• Case evaluation: Our attorneys can assess the value of your claim based on the severity of the long-term disability and the associated damages.
• Negotiation: We have a team of skilled negotiators who can work with insurers to secure a fair settlement covering your needs.
• Trial representation: If the at-fault party refuses to offer a fair settlement, we can represent you in court to fight for your rights.

Ask Our Personal Injury Lawyers How to Recover Damages for a Long-Term Disability 

Dealing with a long-term disability following a personal injury accident can be all-consuming, but it is important to preserve your ability to recover compensation for damages.

Over time, medical bills, lost wages, transportation costs, and other damages can take a toll on your finances, but Jones Law Group can help you file a personal injury claim to obtain a settlement from the liable party.

Our personal injury attorneys cover Madeira Beach, Pinellas Park, Largo, Gulfport, St. Petersburg, Kenneth City, and other Tampa Bay area communities. Please schedule a free case evaluation with the Jones Law Group by calling (727) 571-1333 or filling out an online contact form.