After sustaining a severe accident at work or in a car accident, there are a lot of questions that need to be answered in order to determine your next steps. Was it a permanent injury? What is considered a permanent injury according to the law? The answers to these questions are helpful when calculating compensation in a lawsuit against the at-fault or negligent party.
Seek the expert opinion of the Los Angeles Personal Injury Attorneys at El Dabe Ritter Trial Lawyers.
What is the legal definition of a permanent injury?
Just as the name suggests, a permanent injury is one that indefinitely restricts the abilities of the injured person. In other words, the sustained injury places limitations on the injured party’s quality of life for the remainder of their lifetime.
An injury to the spinal cord, for example, can affect you for the rest of your life. Other permanent injury examples include the death of an unborn child, severe disfigurement, limitation of bodily functions, and death. Working with an advocate can help you determine whether your injury meets the requirements to be classified as a permanent injury.
Proving permanent injuries in a lawsuit
The first thing you should do after sustaining an injury is to seek immediate medical attention. Most accidents that cause permanent damage urgently require medical intervention. Seeking help from medical professionals can also help you document your injuries and associated medical costs, which can be used as evidence in court or during settlement negotiations.
The law requires any victim of a permanent injury as a result of another party’s negligence to file a claim or lawsuit within a specific amount of time, known as the statute of limitations. Each state has its own statute of limitations, which can also vary depending on the type of damaged or the severity of the injuries. Before proving a permanent injury, you must:
Achieve Maximum Medical Improvement
In order to prove that you sustained a permanent injury, you must demonstrate that you have achieved the maximum medical improvement possible, meaning that additional treatment would not improve your condition. Your doctor can determine that you have reached maximum medical improvement after you have recovered.
If you are still suffering from the injury after achieving maximum medical improvement, the court can comfortably accept that your injury is permanent. You can also use the effects of your impairment to prove your case, including loss of earning capacity and restrictions due to the specific injury.
Document All Available Evidence
During medical treatment, your doctor will document everything, including the effect your injury has on your quality of life. You can use this information to prove your case and calculate damages for compensation. Some insurance companies will insist on performing independent medical examinations to prove your claim.
To protect your rights, work with a personal injury attorney.
Contact El Dabe Ritter Trial Lawyers
If you have suffered an injury that you believe is permanent or that has significantly affected your quality of life, work with an experienced personal injury lawyer. The Personal Injury Attorneys are El Dabe Ritter Trial Lawyers have over 30 years of experience representing clients with similar cases, will handle everything from collecting the documentation to representing your interests in court, will only require payment after your case successfully comes to an end.
Contact their offices at (844) 445-5341 to schedule a free consultation.