When a speeding driver causes an accident that results in permanent disability, they should be held responsible. Victims need to know that they have the right to compensation and justice through legal action. Let us discuss the reality of permanent disabilities, the financial repercussions, and how to navigate insurance company bad faith practices.
What Are Permanent Disabilities?
High-speed collisions are hazardous and often result in severe injuries and fatalities. Unfortunately, many of the severe injuries caused lead to permanent disabilities. An irreversible disability is defined as a physical or mental impairment that has an enduring impact on a victim’s daily life.
There are countless ways in which a disability can present. However, some of the most common permanent disabilities include paralysis, amputations, brain damage, disfigurement, and mental health disorders. The severity and impact of a disability can vary significantly from person to person, making it difficult to quantify.
Traumatic brain injuries (TBIs) can easily result in permanent disability. Brain damage can cause cognitive and behavioral changes that make work, hobbies, and social interactions impossible. Head trauma can also lead to vision and hearing loss as well as speech impairment. Spinal cord injuries are equally devastating, as they can cause partial or complete paralysis and chronic pain.
Common Causes of Speeding Accidents
Speeding is considered negligent driving because it blatantly breaks laws and disregards the safety of others. Despite the understanding that speeding is a dangerous practice, it remains one of the leading causes of accidents in most parts of the world, including San Diego. There are many reasons why a driver might speed. However, it usually boils down to a reckless disregard for safety. Common causes of speeding accidents include:
- Driving under the influence of drugs and alcohol
- Distracted driving behaviors like texting
- Driving while fatigued which has the same effects on drivers as alcohol
Seeking Compensation for Disability Caused by a Speeding Driver
When a speeding driver is responsible for a permanent disability, the victim has the right to pursue legal action. Seeking compensation is a key part of the legal system as it gives victims the ability to receive remuneration for the losses incurred as a result of the at-fault person’s actions.
The Financial Impact of Permanent Disabilities
Permanent disabilities can cause devastating financial losses. Many people with disabilities live well below the poverty line because long-term medical care is so expensive. The economic impact starts immediately after the accident when the victim needs emergency medical treatment, surgeries, and extended hospital stays. Without premium health insurance, these expenses can become overwhelming.
The cost of ongoing treatment, rehabilitation, home health care, pain management, psychological counseling, and medication continues to add up, leading to immense medical debt. Furthermore, a disability can significantly impact a victim’s ability to work in their current field or at all. Many people with permanent disabilities are forced to quit their jobs or accept lower-paying employment. Lost income can affect savings, retirement, and living expenses.
Home modifications, such as ramps, widened doorways, walk-in showers, lowered counters, and stair lifts, are critical changes that a person with a disability may need to function somewhat independently. Assistive devices, such as prosthetics, wheelchairs, voice recognition software, guide dogs, and mobility scooters, are another unavoidable expense that can be exceedingly costly for the average person.
How Insurance Companies Approach Disability Claims
Seeking compensation starts with filing a claim with the at-fault party’s insurance provider. The victim and their attorney will be required to prove the permanence of the disability, its impact on the claimant’s life, and the losses incurred. The attorney will use extensive medical documentation and expert witnesses to support the victim’s case.
After filing a claim, the insurance company will review it and either offer a settlement or deny the claim. Insurers rely on adjusters to evaluate claims and independently determine their monetary value. Unfortunately, insurance adjusters often focus on minimizing their company’s payouts, leading them to employ various tactics to undervalue a claim.
Insurance companies may dispute every aspect of a claim, from the severity of the disability to the link between the accident and the injuries. An insurance provider may claim that the injuries predated the accident to discredit the victim. Another common tactic is to offer low settlements and try to convince the victim that they won’t receive a better offer.
When dealing with insurance providers, it’s crucial not to take their statements at face value. Insurers are widely known to exploit victims and offer the bare minimum of settlements. Working with an experienced personal injury lawyer significantly increases the likelihood of receiving a fair settlement, particularly if the attorney handles all communications with the insurer.
Empowering Victims Through Expert Legal Guidance
If you or a loved one has become permanently disabled due to another person’s speeding, contact HHJ Trial Attorneys. Our legal team is passionate about fighting injustice, protecting clients from bad faith tactics, and securing compensation for accident victims. We will support you every step of the way and prioritize your physical, psychological, and financial security.
