If a Car Accident Leaves You Disabled, What are Your Options?

What Damages Can I Claim For Disability After a Louisiana Auto Accident?

Some car accidents only cause minor injuries. If someone bumps into your car at a red light, you may not get hurt. The same is true for cars that crash during bumper-to-bumper traffic. However, many other accidents cause some pretty serious injuries.

If you’re in an accident, the first thing you need to do is call the police. They’ll come out and fill out a police report. They’ll investigate the scene and try to determine who is at fault.

The next thing you need to do is seek immediate medical treatment. You could have internal injuries or a traumatic brain injury. Never assume you’re okay. You need to get checked out at the hospital no matter what.

If your injuries are serious, you may need surgery and physical therapy. This could keep you out of work for quite some time. In fact, it could even leave you disabled.

Your Lake Charles car accident attorney will make sure you get compensation for your injuries.

Your Lake Charles Car Accident Attorney Will Help You File an Insurance Claim

Once you’ve been cleared from the hospital, you need to contact a Lake Charles car accident attorney. He can review your case and help figure out who the responsible parties are. Then, he can help you file a claim against the other driver’s insurance policy.

Usually, insurance companies will pay a claim for medical bills and lost wages. However, there are times when they may deny your claim. The insurance company may deny your claim for any of the following reasons:

  • A cancelled or lapsed policy
  • The driver was not insured under the policy
  • The insurance company doesn’t believe you were really hurt
  • They don’t think the accident is what caused your injuries
  • They believe you are at fault for the accident

The insurance company may deny part of your claim if it exceeds the driver’s coverage.

Chances are, if you need multiple surgeries, you may end up physically disabled. This means you won’t be able to return to work. Your disability could even be permanent. This will mean the defendant is liable for a significant amount in lost wages.

How Will Your Lake Charles Car Accident Lawyer Calculate Damages?

If you end up permanently disabled, your Lake Charles car accident attorney will have to demand compensation. In general, plaintiffs in car accident cases are entitled to the following types of damages:

  • Medical bills
  • Property damage
  • Pain and suffering
  • Lost wages and income

For your case, your lawyer will still demand these different types of damages. You’re entitled to compensation for past and future medical bills. You’re also entitled to the money you’ve lost from being out of work.

When you become disabled, the other two types of damages can be quite significant. Instead of just lost wages, your attorney is going to demand compensation for lost income. You’ll be entitled to the difference between what you would have earned at work and what you’ll get on disability.

So, let’s assume that you’re 30 years old. You earn $70,000 per year. You would have worked another 35 years before you retired. We’re not even going to account for raises or inflation in this example.

On disability, you’re going to receive about $35,000 per year. This is only half of what you would’ve earned had you not gotten injured.

The difference will be about $35,000 per year for about 30 years. This comes out to be just over a million dollars. This is going to be more than the other driver’s policy covers. Therefore, you’ll have to pursue the driver personally for these damages.

Your Lake Charles Car Accident Lawyer Can Help You File for Disability

Not only will you have to file your claim against the other driver. You’re going to have to apply for disability. Depending on your work history, this claim will be for either SSI or SSDI.

The main difference between the two is SSDI is for people who’ve worked full-time for years. SSI is for people who are indigent and have no income.

To qualify for either type of disability, you have to prove that your disability will last at least one (1) year. Your Lake Charles car accident attorney can help you do this. He’ll work with your doctor to get the certifications necessary to qualify for disability.

Call and schedule a free initial consultation with a Lake Charles car accident attorney right away. You are going to need to focus on getting well. Let your attorney handle the legal side of things.

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