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Challenges of Damage Claims for Permanent Injuries


Posted On behalf of Pfeifer Morgan & Stesiak on Dec 09, 2021 in Car Accidents

Man in a wheelchair talking to a nurseSuffering a minor injury in an accident caused by someone else’s negligence may be stressful for many people, but being permanently injured, or disabled, can seriously alter the rest of the victim’s life. If you can prove you suffered a permanent injury after an accident, you may be eligible for additional compensation.

Our car crash lawyers in the South Bend-area are prepared to review your claim and see what legal options may be available to you to pursue the compensation you need.

The consultation is free and there are no upfront fees.

What Classifies as a Permanent Injury?

Permanent injuries are ones that last for the rest of a person’s life. No matter how much treatment or medicine is used to try and correct the problem, it is something that will be with an accident victim for the foreseeable future. Whether the person experiences ongoing pain and other symptoms or random episodes depends on the type and severity of the injury.

Some of the most common types of permanent injuries diagnosed after a car accident include:

  • Disfigurement or scars
  • Loss of limbs
  • Severe burns

Other types of permanent injuries that may not seem like a serious issue at first are some soft-tissue injuries, such as herniated or bulging discs. A herniated disc in your spine or neck is likely to stay with you unless you undergo surgery to have the herniation removed. The downside is that these surgeries sometimes do not fully correct the issue and could leave long-lasting side effects like lost range of motion or numbness in the extremities. Therefore, even if you get the recommended surgery, you could be dealing with a permanent impairment.

For injury victims who are older, minor injuries may also have permanent effects, such as torn ligaments or broken bones, as healing is more difficult at advanced ages.

Proving a Permanent Injury

It is generally easier to validate a claim for a shorter-term injury. However, if you are permanently injured, you are likely to be eligible for more compensation, including future costs of care or lost earning capacity if your injury affects your ability to do your job. That means the insurance company is likely going to require more evidence to prove your injuries are permanent and that you are eligible for costs of future damages.

Insurance companies want to save themselves money and are looking for any reason to underpay a claim, particularly one for a permanent injury. These claims can cost insurers a lot of money and eat into their profits. 

Some evidence that may be used to prove the permanency of your injuries includes things like your medical records or testimony from your treating doctor(s) showing the extent of your injuries.

How a Pre-Existing Condition Factors In

If you have a pre-existing condition on your medical records that made you more susceptible to suffering a permanent injury, the insurance company is going to fight even harder to deny your claim.

it is important to note there is a doctrine called the Eggshell Skull Rule that allows for injury victims with prior conditions to recover compensation for new injuries or the aggravation of an old injury.

Due to the insurance company’s efforts to deny liability, you are likely going to need more evidence to prove the permanency of your injuries was due to the accident caused by a negligent driver. This is when having a lawyer capable of building a strong case may be beneficial.

Types of Compensation Available for Permanent Injuries

In general, anyone who suffers damages caused by someone else’s negligence is eligible for compensation for past medical bills, past lost wages and past pain and suffering. Accident victims who suffer a permanent injury and can prove it was caused by the negligent actions of another, might be eligible for compensation of past and future damages. This may include things like future costs of medical care such as:

  • Assisted living facilities
  • In-home care
  • Essential services
  • Additional surgeries
  • Physical therapies
  • Mental health counseling

Future damages may also include things like:

  • Future pain and suffering
  • Loss of consortium
  • Lost earning capacity
  • And more 

Call a Knowledgeable Attorney

Our licensed lawyers are prepared to review your injury claim to see what legal options may be available to you. If you suffered a permanent injury, building a strong case to fight back against the insurance company’s denial of liability may take resources and knowledge of the law.

With decades of experience helping injury victims like you, our attorneys are prepared to build a strong case to help you pursue the compensation you need for things like past and future medical bills, lost wages, pain and suffering, and more.

Call (844) 678-1800 to schedule a free consultation.