Our experienced Greenville car accident lawyer at Bobby Jones Law explains permanent disability after a car accident. Let’s talk about what it means for your future and what it means for your claim.
What Does Permanent Disability Mean Legally in a South Carolina Car Accident Case?
Permanent disability is a South Carolina car accident injury that is not likely to heal within the person’s lifetime. The person is likely to have the injury forever. The injury may stay the same, get worse, or improve to some extent, but it will always be there.
What permanent disability means, legally
SC law allows a victim to recover for all injuries, past and prospective, which arose or will arise from the defendant’s tortious actions. To receive compensation, injuries must be reasonably certain to result from the injury complained of.
When injuries affect a person for the rest of their life, it wouldn’t be fair to compensate the person only for the losses that occur while their legal claim is pending. To compensate a person fairly when they are disabled after a car accident, the future must be considered. Legally, someone with a South Carolina car accident claim may seek compensation that reflects their permanent disability. They must prove their case.
Are permanent injuries common in car accidents?
A study in Chin J Traumatol reports that two to 23% of car occupants injured in a crash sustain permanent medical impairment. Up to 46% of injured cyclists have permanent injuries.
What Economic Damages Can Permanently Disabled Car Accident Victims Recover in SC?
Economic damages linked to permanent disability for a SC car accident victim may include:
Medical bills: Ongoing treatment for medical issues and disability management.
Ancillary medical expenses: Related medical expenses like mobility assistance devices, supplies, prosthetics, and over-the-counter medical needs.
Physical therapy: Costs for physical therapy to maximize health and mobility.
Personal care: Help with personal care, daily living, and the cost of care for minors and other family members, if necessary.
Lost earning capacity: Damage to the person’s career because of their limitations.
Home adaptation: Modifications to the home or a vehicle to assist with independence.
The injured person may claim any economic losses that apply in their case.
What Non-Economic Damages Are Available for Permanent Disability After a Car Accident in SC?
Non-economic damages that are payable for permanent disability after a car accident in SC are:
Pain and suffering: Physical pain and ongoing suffering resulting from the permanent disability.
Grief: Emotional grief and sorrow caused by an unexpected long-term disability.
Life activities: The inability to participate in g activities and hobbies enjoyed before the injury.
Disfigurement: Permanent scars, disfigurement, or changes to physical appearance.
Life expectancy: A shortened life expectancy caused by the injuries.
Non-economic damages vary significantly based on the nature and severity of the permanent injury.
An example of permanent disability for a SC car accident
One case discussing permanent injury compensation in South Carolina car accident claims is Haltiwanger v. Barr, 258 S.C. 27 (1972).
In Haltiwanger, the driver crossed three lanes of traffic and the highway median. The crash was head-on. One victim was killed instantly, and another sustained a permanent back injury.
At the time of the crash, the victim was 32 years old, in good health, and employed. He lost his job and had no other training or skills for specialized employment.
They brought a claim seeking compensation for serious and permanent personal injury.
The court said that recovering for all injuries requires including future losses. The losses must be reasonably certain to occur in the future. The victim called an economic professor to testify to the impact of permanent injury on the victim’s earning capacity and life expectancy.
The jury awarded $64,000. The court upheld the verdict on appeal.
What Is the Difference Between Permanent Partial and Permanent Total Disability in SC?
In a personal injury claim, a person may claim compensation for permanent injury. Permanent disability is also a form of compensation in a workers’ compensation claim. Both involve permanent injuries, but they are not the same.
In a workers’ compensation claim, permanent partial disability is awarded based on impairment ratings. Permanent Total Disability occurs when an injury is so severe that it prevents return to gainful employment. Paraplegia, quadriplegia, and severe brain damage may qualify for lifetime compensation.
If your car accident claim falls under workers’ compensation, your lawyer can help you understand benefits and how a personal injury claim could also help you receive the compensation that you deserve.
How Do Insurance Companies Challenge Permanent Disability Claims in Greenville?
Insurance companies often argue that evidence of permanent disability is speculative. They may review your social media and even use private investigators to try to catch you doing more than they say you can do. They may ask for medical records and intrusive medical examinations or argue that you had pre-existing medical conditions.
It’s important to build the evidence, which usually means medical and economic experts. These professionals can explain your long-term prognosis, both medically and economically. It’s critical to anticipate defenses and be ready to counter with evidence and arguments.
Why Are Permanently Disabled Car Accident Victims Most Frequently Undercompensated in SC?
Permanently disabled car accident victims are frequently undercompensated in SC because:
Lack of awareness. Victims may not realize they can claim compensation for a permanent disability.
Valuing the claim. It is easy to overlook the many ways a permanent disability impacts a victim’s life.
Proof requirements. Proving the case often requires expert testimony. The legal process can be complex.
Pressure to settle. Victims may feel pressured to accept a settlement from the insurance company or simply want the case to end.
Aggressive defense tactics. Insurers often scrutinize medical records and a victim’s personal life in an attempt to minimize the claim. A lawyer can help you fight this tactic.
Why Permanently Disabled Car Accident Victims in Greenville Need Dedicated Legal Representation
Compensation for permanent injury can help you in the years after a car accident.
Bobby Jones Law represents Greenville car accident victims. If you have permanent disability after a car accident, call or message us now.
