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Can You File for Disability After a Car Accident?

Can You File for Disability After a Car Accident? | Car Accident Attorney

If you get into a car accident, you may suffer some pretty serious injuries. It depends on how bad your accident was. Some accidents only cause minor bumps and bruises. Others leave their victims in the hospital for weeks or months. They may need surgery and physical therapy.

For some accident victims, they are not able to work after their car crash. The injuries are just so serious, they aren’t able to fully recover. No matter how much treatment they receive, they just aren’t able to work ever again.

When your Lake Charles car accident attorney files your claim, he’ll demand that you be compensated for your injuries. Some of the damages included in your lawsuit are:

  • Medical bills – You’re entitled to receive reimbursement for all the current and medical bills you incur. Your doctor can testify as to how much care you’re going to need in the future. The defendant should be held responsible for this.
  • Lost Wages – If you sustain serious injuries in your car accident, you’ll have to miss a lot of time from work. You could be out of work for weeks or even months. The defendant will be held liable for these lost wages.
  • Future Earnings – If you’re unable to make the same kind of money because of the accident, the defendant will have to compensate you for this. Your attorney will help determine how much you’re entitled to.
  • Property Damage – You’ll be eligible to receive compensation to cover the money it costs to repair or replace your vehicle.
  • Pain and Suffering – If your injuries are serious enough, you’ll receive pain and suffering. These damages are intended to compensate you for the physical and mental anguish caused by the accident.

If you’re unable to work as a result of your injuries, you may have to go on disability.

How Do You File for Disability?

If you’re unable to work after your car accident, you may have to file for disability. Anyone who’s been through this process knows it can be frustrating. In fact, 70% of first-time applicants are denied disability. This is why it’s in your best interests to have your Louisiana car accident attorney help you through the process.

In order to qualify for disability, you need to prove two things. First, you have to show that you’re not able to work. Second, you have to prove that you need the money.

As to the medical basis for disability, your Lake Charles lawyer has to show the following:

  • A medical or mental impairment that can be documented by a medical professional
  • The impairment is so severe that it interferes with your ability to carry out day-to-day activities, including a job.
  • The diagnosis for your impairment will last for at least one (1) year

You’re also going to need to prove that you don’t have the assets to survive without working. This means you’ll have to show that:

  • You can’t currently be working and earning a normal income
  • To receive SSI, you must have less than $2,000 in assets
  • If your assets total more than $2,000, you must qualify under SSDI

Your Lake Charles auto accident attorney can help file your claim for disability. He can also help you file an appeal if necessary.

The Defendant Must Compensate You for the Difference in Income

You won’t earn as much on disability as you would if you were working full-time. Your lawyer will have to show the difference between what you earned before the accident versus what you’re receiving on disability.

Most people on disability only receive a couple thousand dollars a month. Let’s say, to be generous, that you’ll receive $30,000 a year on disability.

Prior to the accident, let’s say you were making $60,000 a year. That’s a loss of $30,000 per year.

Let’s also look at your age. Most people work until they about 65 years old. So, if you’re only 40 at the time of your accident, you would’ve worked for another 25 years.

If we multiple the e multiply the number of years you would’ve continued to work (25) by the yearly loss ($30,000) we come up with $750,000.

Your Lake Charles car accident lawyer will demand that you receive $750,000 plus inflation. This will have to be part of your car accident settlement.

Contact a Lake Charles Car Accident Attorney Today

If you get into a car accident in Louisiana, you need to call a Lake Charles car accident attorney. He can review your case and let you know what it may be worth. He can also check to see if you qualify for disability.

Call and schedule your free initial consultation today.

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