Paralysis After a Car Accident: How to File an Injury Claim?

Every year, 39.3% of the 17,700 spinal cord injuries occur due to vehicle accidents in the US. Spinal cord trauma is the leading cause of paralysis after an accident. Depending on the severity of damage to the spine, the victim may become immovable for a lifetime. 

Managing post-accident paralysis is no walk in the park. It takes a toll physically and emotionally on the affected and their loved ones. More importantly, financial losses and lifestyle changes can make things worse.

So, before it’s too late, you need to find ways to minimise your damages as much as possible. You may want to learn: 

  • What is a personal injury claim?
  • How much coverage can insurance for personal injury offer?
  • How can you file a personal injury claim? 
  • Do you need an expert in this field or not?

And many other related queries that we’ve discussed in this post. So, take a deep breath, and gain reliable information.  

The Best Option to File an Injury Claim

Before succumbing to fate, you need to recover the losses you’ve incurred because of the accidents. This is where experienced personal injury lawyers can help you ease the trauma by getting compensation for your new and unwelcome lifestyle changes.

A personal injury lawyer is legally informed and equipped to help the afflicted file a lawsuit against the neglected party upon hiring. These professionals fall under the category of tort law

This section of the law deals with personal injury claims resulting from defective products, slip and fall accidents, workplace injuries, professional malpractices, and traffic collisions.  

What’s Personal Injury Protection? 

In insurance and law, the term is known as no-fault insurance, otherwise colloquially termed PIP (personal injury protection).   

The insurance company pays for one or both injured policyholders in this claim. If an affected person doesn’t have medical insurance, insurance pays for their medical expenses. 

There is a limit to what PIP can cover from the impact. It varies from state to state and also depends on the insurance company. This is why you need to hire a personal injury lawyer to cover other expenses resulting from a car accident.     

To file the case, the personal injury attorney will assess several factors. But first, the severity of the paralysis. 

Determining the Severity of Paralysis

At the outset, the damages are determined as either intangible or non-economic damages. Such as trauma or suffering resulting from the accident. Other damages are tangible (or economic) and are determined by various factors. 

Primarily the case is assessed on the severity of paralysis. Next is to calculate all the financial losses that occurred due to accidents such as car or property damage. Loss of a job due to trauma and immobility also adds to the case.  

Depending on the severity of the paralysis, the personal injury attorney can build the case. There are roughly four types of paralysis. 

Quadriplegia 

It is the severe kind, and it affects the legs, torso, and arms. Due to damage in the spinal cord, the affected is paralyzed from the neck down.        

Paraplegia 

In this condition, the person is paralyzed below the lower back and pelvis area. They lose mobility due to the inability to move their legs. 

Monoplegia 

Monoplegia is a result of injury to the brain. Due to the impact on the brain, one limb loses mobility. Usually, it is either one arm or one leg. 

Hemiplegia 

In this type of paralysis, one side of the body loses mobility due to damage to only one hemisphere of the brain. As a result, the right side remains viable while the left side gets crippled or vice versa.

Possible Compensation You Can Claim Due to Paralysis

Once the prognosis is completed and your health care professional lists the damages incurred due to the accident – you can file the claim depending on severity.    

If you have incurred severe physical damages such as quadriplegia, the claim is hefty. In this claim, compensation includes: 

  • Physiotherapy 
  • Care due to limited or no mobility  
  • All medical expenses 
  • Compensation for wages due to joblessness 
  • Care for PTSD (post-traumatic stress disorder).  

Obviously, economic damages result in greater compensation as compared to non-economic damages. The compensation is directly proportional to the severity of the paralysis.  

Hiring an expert personal injury lawyer is crucial here since the damages are lifelong, and the compensation should ease your suffering financially in the long run. 

How to File an Injury Claim? 

After the accident, one cannot take calculated steps when much of your normal life is uprooted. Hence you need to hire a personal injury lawyer so they can guide you to collect all documents and evidence to file a claim. 

They will also be a great help when filing for insurance. If the insurance company tries to shrug you off with low compensation, you have an expert in your corner to tackle your case while you are in therapy and treatment. 

There are certain crucial items needed to file for a successful claim. 

Evidence 

Every little detail counts. The pictures and clips from accidents are hard evidence for the case. You can contact nearby houses or properties to collect clips from the outdoor cam of the accident site.

Accounts of eyewitnesses, notes from the doctor, medical bills, and everything should be saved to file a strong case.    

Copy of Police Report 

Police who first came to the accident scene prepared a report at the station later. They fill this report after ensuring the patient is sent to the hospital and being treated. 

The report they file is a crucial element. They would include all the jarring details they saw on the accident site before it was contaminated. 

Always request a copy of the police report because the hard evidence from law enforcement agencies weigh more for legitimacy. 

Final Word

Accidents can be a life-altering experience if it results in severe injuries. One of the worst things that can happen to a person in the aftermath of a car accident is paralysis. 

In this situation, you need experts like healthcare professionals to care for your health and a personal injury lawyer to ensure the health expenses and losses are compensated for.

An expert personal injury lawyer will collect all evidence required from the police and hospital to submit the claim. When filing for the claim, you can ask for compensation depending on the severity of the paralysis. 

It can include health care expenses, compensation of wages if you have lost your job after the accident, and other trauma resulting from the accident. In most severe cases, a person can claim care and physiotherapy at home due to complete immobility.     

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