What Happens When a Car Accident Causes Permanent Disability?
California car accidents can cause severe and catastrophic injuries that lead to permanent disabilities. These injuries can alter a crash victim’s life irrevocably, with significant effects on the person’s daily life and ability to work. In these cases, it is imperative for the individual to fully understand their legal rights when it comes to seeking justice and fair compensation.
What Is a Permanent Disability?
A permanent disability describes a physical or mental impairment that will affect a victim for the rest of his or her life, or that is medically unlikely to significantly improve in the future. It is a condition that interferes with the victim’s ability to live independently, maintain gainful employment or enjoy daily activities. Permanent disabilities can arise from various catastrophic injuries caused by auto accidents, such as brain injuries, spinal cord injuries, loss of vision or hearing, organ damage, and amputation injuries.
Seeking Compensation Beyond the Scope of a Car Insurance Policy
Car insurance alone may not be enough to pay for a permanent disability in a Los Angeles car accident lawsuit. California law only requires $30,000 per person and $60,000 per accident in bodily injury or death insurance per driver. These amounts often do not cover the full costs associated with a permanent injury. Unfortunately, this can leave victims with inadequate insurance coverage.
In this situation, the injured victim may be able to pursue compensation that exceeds the amount available on a driver’s insurance policy by filing a personal injury lawsuit. A lawsuit can lead to a jury verdict awarded to the plaintiff that requires the defendant (or their insurer) to pay beyond the scope of what the car insurance policy offers – sometimes, significantly more compensation for a permanent disability.
Calculating the Value of a Permanent Disability Claim in Los Angeles, CA
In California, car accident case values depend on the severity of the claimant’s injuries. When a crash results in permanent disability, such as brain damage or paralysis, the injury will cost more for the victim; therefore, it can lead to a higher settlement or judgment award.
Economic Damages
Economic damages can reimburse a victim for the financial or monetary losses caused by the car accident and a permanent disability, such as:
- Medical care from the date of the car accident to when the claim is filed
- Estimated future or ongoing health care costs
- Additional surgeries or treatments needed
- Long-term or live-in care
- Medical devices or prescription medications
- Lost wages, earnings and employment opportunities
- Lost future earning capacity
- Disability accommodations
- Home and vehicle accommodations
- Property damage
- Out-of-pocket costs
Economic damages are calculated by adding together all of the victim’s related bills, receipts and costs associated with the crash. In a case involving permanent disability, an estimate of future foreseeable costs is also necessary (often done by a Life Care Planner).
Non-Economic Damages
Many individuals experience a great deal of pain, emotional distress and psychological trauma due to life-changing permanent injuries. The victim may grieve the person they used to be and the life they had before the car accident. In a car accident claim, these intangible or non-economic losses can be compensated in the form of “pain and suffering.”
Pain and suffering is more difficult to calculate than economic damages during a California car accident claim. Rather than using direct evidence such as medical bills, an insurance company or jury can assign any amount it deems suitable for the gravity of the injury. In a case of permanent disability, this can be substantial. Non-economic damages may be awarded for physical pain, emotional distress, loss of consortium, loss of enjoyment of life and psychological trauma.
If you or a loved one has a permanent disability from a motor vehicle accident in Los Angeles, contact Rose, Klein & Marias LLP for a free consultation about your rights and legal options.