What to Do If a Car Accident Disables You

A car accident can happen to anyone, including experienced and responsible drivers. Fatalities are likely if the accident is caused by a reckless motorist, but most people are fortunate enough to survive with only minor injuries. 

However, some cases may result in debilitating injuries that could upend a victim’s life, including their careers and relationships. Disability could lead to a lifetime of hardship on your part, so it pays to know how you can get properly compensated.

If an accident resulted in dismemberment, loss of motor functions, or even partial blindness, you are well within your rights to be paid a fair amount. It’s only a matter of understanding the process of filing a claim and making sure every detail can help justify the compensation you deserve. 

Considering that you will need long-term medication and undergo physical and mental therapy sessions, receiving a hefty payout is more than enough to help you move forward and embrace this new chapter in your life. Here’s an overview of filing your claim.

1. Gather Enough Medical Documentation

The most important part of your claim is the amount of evidence establishing a direct link between your disability and the accident itself. For this, it’s important to keep medical records that include X-ray results and lab tests taken immediately in the aftermath of the accident. You will also need to have your doctor provide their findings showing a permanent disability and the need for lifetime support. 

It’s also good practice to keep receipts and even records of income loss if the accident led to an extended hospital stay and, worse, an inability to return to work due to your condition. Maintaining an archive of all essential documents is crucial to strengthening your claim and ensuring you receive your full compensation. 

2. Review Your Auto Insurance Policy

Most auto insurance carriers offer personal injury protection that also covers disability, whether it’s temporary or becomes a lifetime condition. In some jurisdictions, such as Hawaii and California, you may be covered by state disability insurance, which can provide up to 70% of lost wages. If you’re filing through your employer’s insurance carrier, be sure that your doctor includes records proving that you won’t be able to work and should therefore apply for early retirement. 

Whichever the case, bear in mind that your claim will be affected by any settlement agreement you’ve entered into. If you’re not careful, you could unknowingly waive your rights to future claims and even receive a decreased payout. That’s because current regulations are designed to prevent duplicate payouts, which is often the case if the at-fault party chooses to settle. 

3. Get an Experienced Lawyer by Your Side

Dealing with disability claims can be taxing, considering that there are limitations to how much you will be receiving in total based on your medical bills and lost wages computations. There’s also the possibility that some insurance carriers may refuse to cover your injuries or insist on a lower payout. This is often the case with complainants behind an UNUM lawsuit, alleging that the company uses unfair tactics to justify denials and payout reductions. 

Ensuring that you receive the compensation amount you’re entitled to, it matters to get a seasoned car accident lawyer who can walk you through the process, especially when it comes to dealing with offsets. 

If you’ve received a settlement from the other party, your lawyer could work on finding legal means to prevent your insurance carrier from using the amount as an offset. What’s more, your lawyer can help process your disability applications in a manner that doesn’t lead to a significant overpayment. 

Endnote

Moving on from an accident can be difficult if it leaves you disabled. However, the tips above should give you peace of mind knowing that you will be receiving the compensation you deserve.