The days and weeks following a catastrophic injury can become a blur of hospitals, bills, and questions about what happens next. Fortunately, you don’t have to face these challenges alone. Many injuries can result in permanent disability, in which case you are entitled to significant compensation. This blog discusses permanent disabilities, what can cause them, and what you can do to recover your losses.
How Is a Permanent Disability Defined?
A disability is a physical, mental, cognitive, or developmental condition that impairs our ability to engage in certain tasks. Some disabilities only limit a person’s functioning. Whereas, others entirely prevent the person’s participation in their daily activities, work, social interactions, and independence.
After an injury, the patient can reach a “maximum medical improvement.” This maximum improvement refers to how much a person can recover from their injuries when provided with all the medical care they could ever need.
In some cases, after the maximum improvement has been reached, the person still bears significant functional limitations. A permanent disability is a lifelong functional limitation. The two designations of permanent disability are:
- Permanent Total Disability (PTD): total inability to perform any tasks for remuneration. If a person’s functional limitations prevent them from ever being employed, it is considered a PTD.
- Permanent Partial Disability (PPD): a significant limitation to the person’s ability to work. A person with a PPD can still work and be employed, but may need specific modifications or accommodations to perform tasks.
Which Injuries Can Be Classified as Permanent Disabilities?
There are countless injuries that can result in permanent disabilities. Back and neck injuries are exceedingly common and can lead to spinal cord damage, which can result in paralysis and complete loss of function. Traumatic brain injury is another common cause of several disabilities, including physical and mental limitations. The most common conditions that are directly caused by injuries include the following:
- Amputations
- Hearing and vision loss
- Nerve damage
- Post-traumatic stress disorder
- Cardiovascular and respiratory disease
- Musculoskeletal disorders
- Memory loss
- Chronic pain
How Permanent Disabilities Affect Quality of Life
Sudden onset disabilities can have a profound impact on an individual’s quality of life. People who are injured in accidents and have to adapt to a permanent disability may face considerable difficulties with returning to the life they enjoyed before the accident.
Those who become disabled due to an injury are often at high risk of developing co-morbidities like depression, diabetes, and obesity. The potential for these struggles is significantly higher if the person doesn’t have an adequate support network.
A person with a permanent disability needs to engage in social interaction and activities that feel meaningful. In permanent disability cases, it is crucial to consider the long-term impact on the injured person’s quality of life and consider their lifelong care and support needs.
Common Damages Awarded in Permanent Disability Cases
In personal injury cases, “damages” refers to the categories of losses a victim incurs due to their injuries. The categories are economic, non-economic, and punitive. The categories help define the losses more accurately, but each category receives monetary compensation.
Economic Damages
This category encompasses all financial losses and can include several types of financial impacts. Past and future medical expenses include hospital bills, medications, rehabilitation, surgery, specialist treatments, assistive devices, and in-home care. Lost wages, lost earning capacity, and job retraining also fall under the umbrella of economic damages.
Non-Economic Damages
Damages that do not have a direct financial correlation can still have a significant negative effect on your life after an injury. Non-economic damages include intangible losses like pain and suffering, loss of enjoyment of life, emotional distress, and loss of consortium (loss of companionship and support of a loved one due to injury or death). These losses can be more difficult to quantify, but an experienced attorney can translate your non-economic damages into a dollar amount for which you can seek compensation.
Punitive Damages
This category is rarely awarded. Punitive damages are a punishment for particularly heinous behavior. For example, if your disability is a direct result of someone driving under the influence of alcohol, it may be classified as gross negligence. Another example is aggressive driving, which can be seen as wanton disregard for others’ safety. In these situations, the judge or jury may award punitive damages to the injured party.
The Role of an Attorney in a Permanent Disability Case
In personal injury cases involving permanent disabilities, the attorney representing the injured party is responsible for seeking compensation for a person whose life has been altered forever. Attorneys have several roles in permanent disability cases, including determining fair compensation, gathering evidence, negotiating a settlement, and potentially taking the case to trial.
Protect Your Future
If you or someone you love has suffered a permanently life-altering injury, it’s vital to understand that you deserve compensation. We understand that the thought of pursuing legal action can feel overwhelming, but at HHJ Trial Attorneys, we are ready to fight for you. No one should face the repercussions of an injury without support, and we are passionate about our role in helping you.
To schedule a free consultation to discuss your case, contact HHJ Trial Attorneys. We will walk you through the entire process and respectfully determine the impact your injuries have had on your life. You are owed compensation, and we will do whatever it takes to seek justice and secure your financial future.
