Paralysis resulting from a car accident can have a life-changing negative impact on a victim’s life and ability to do even the most basic of tasks. Aside from the physical challenges, there are often just as many mental and emotional issues that such an injury can create. The potential frustration and depression caused by paralysis is only the tip of the iceberg in terms of the effect it can have on a life. A victim of this type of accident needs to understand the legal complexities of paralysis claims after their car accident and seek legal counsel in order to see some level of recourse for what has been done to them.
Liability
When establishing liability for a car accident, there are multiple factors that are to be considered. The first and most considered element is who crashed and who got crashed into – if that is applicable to the situation. Liability is often established through negligence, which is the failure to exercise reasonable care. In a car accident, negligence may take many forms, such as distracted driving, speeding, or driving under the influence of drugs or alcohol.
It’s important to note that liability for a car accident can be shared among multiple parties. For example, if the driver responsible for the accident was driving a company vehicle, the company may also be liable for the damages resulting from the accident. Similarly, if a defective auto part contributed to the accident, the manufacturer of that part may also be held liable.
Damages in Paralysis Cases
In a paralysis case, the victim is entitled to compensation for a range of damages, including medical expenses, lost wages, and pain and suffering. Proving these damages can be a complicated process, and it’s important to work with an experienced personal injury attorney who can help ensure that all relevant damages are considered.
Medical expenses can include everything from emergency medical treatment to ongoing physical therapy and rehabilitation. In a paralysis case, the cost of medical care can be especially high, as the victim may require ongoing care for the rest of their life. Lost wages can also be a significant part of a paralysis case, as the victim may be unable to work or may have to work in a reduced capacity. Pain and suffering damages are designed to compensate the victim for the physical and emotional pain they have experienced as a result of the accident and resulting paralysis.
Statute of Limitations for Paralysis Claims
The statute of limitations refers to the deadline for filing a lawsuit in a paralysis case. In most states, the statute of limitations for personal injury cases is two to three years from the date of the accident. In California, the deadline is two years from the injury. Being aware of when your statute of limitations runs out is crucial, as missing the deadline can mean losing your right to pursue compensation for your injuries.
It’s also important to note that the statute of limitations can be different for cases involving minors or cases involving government entities. Working with an experienced personal injury attorney can help ensure that your case is filed within the appropriate time frame.
Social Security Disability Insurance (SSDI) Benefits
If the victim of a car accident resulting in paralysis is unable to work, they may be eligible for Social Security Disability Insurance (SSDI) benefits. To be eligible for SSDI, the victim must have a severe impairment that is expected to last for at least 12 months or result in death.
Trials and Settlements
Most car accident cases, including those resulting in paralysis, are settled out of court. A settlement is an agreement between the injured party and the party responsible for the accident that compensates for the damages resulting from the accident. In many cases, settlements are preferred because they can provide a faster resolution to the case and reduce the costs associated with going to trial.
Negotiating a settlement can be a complex process, and it’s important to work with an experienced personal injury attorney who can help you determine a fair settlement amount and negotiate on your behalf. If a fair settlement cannot be reached, your attorney can also help you prepare for trial.
Speak to a Car Accident Lawyer
Maneuvering through the legal complexities of paralysis claims after a car accident can be a difficult task. The Law Office of John J. Perlstein can help you navigate through this tough time and will fight to get you the monetary recourse you deserve, as we’ve been doing for over 25 years. To set up a free consultation about your potential paralysis claim, fill out our online contact form or give us a call at (213) 252-1070.