Personal Injury Claims for Individuals with a Disability
The unique circumstances of being an individual with a disability affects many aspects of a personal injury case, from gathering evidence to calculating long-term damages. Your claim must account for pre-existing conditions, specialized lifelong care, and complex legal challenges to ensure you receive fair compensation.
Here is a guide on navigating personal injury claims as an individual with a disability.
The Unique Challenge of Proving Damages
The primary difference in a personal injury case involving a plaintiff with a disability is establishing the full extent of the damages. Insurance companies will often argue that your injuries are pre-existing or that your condition would have worsened over time regardless of the accident. Your legal team must overcome this by clearly defining the following:
Aggravation of a Pre-Existing Condition
If the accident made your existing disability worse—for instance, by causing a new injury that reduces your already limited mobility or exacerbating chronic pain—you are entitled to compensation for that specific decline.
Lifelong and Specialized Care Costs
For a plaintiff with a disability, the financial losses may extend far beyond simple medical bills. The final settlement sometimes need to project costs for the rest of your life, which may include:
- Life Care Planning: This is a crucial, detailed report created by a specialist to estimate all future needs, including medical care, therapy, and non-medical expenses.
- Adaptive Equipment: Costs for wheelchairs, customized vehicles, communication devices, prosthetics, and their maintenance and replacement over your lifespan as long as they are related to accident-related injuries and were not already required for your disability.
- Home Modifications: Expenses for installing ramps, widening doorways, and modifying bathrooms and kitchens to maintain independence.
- Aide Services: The cost of full-time or part-time personal care assistants or home health aides.
Essential Experts for Your Case
To successfully prove your unique damages, your attorney may need to build a team of specialized expert witnesses.
The Medical Experts
While standard physicians testify about your immediate injury, your case may require experts who can connect the accident to your long-term prognosis.
- Specialists: Experts in your specific condition (e.g., neurologists for brain injury, orthopedic surgeons for spinal issues) will provide detailed medical documentation showing the degree to which your new injuries or aggravation of your condition has reduced your functional capacity.
The Vocational Expert
If your injuries affect your ability to work—even if you were already working in a modified capacity—a vocational expert is vital.
- Loss of Earning Capacity: This expert assesses your pre-injury earning capacity versus your post-injury earning capacity. They determine if you can return to your previous job, whether you require retraining for a new career, or if the injury has rendered you completely unemployable. This assessment is crucial for calculating lost wages and future income.
The Economist
The financial data provided by the life care planner and the vocational expert are converted into a final, defensible compensation figure by a forensic economist.
- This expert calculates the present-day value of your future losses, taking into account factors like inflation, interest rates, and life expectancy to arrive at a fair lump sum settlement amount.
The Litigation Process
Depositions and Court Hearings
Your attorney should ensure that the legal process is accessible and accommodating. This includes:
- Convenience: Arranging for depositions to be conducted at a location or time that is easiest for you, reducing strain and travel.
- Necessary Accommodations: Ensuring the courthouse or meeting location provides necessary accommodations under the Americans with Disabilities Act (ADA), such as accessible tables, ramps, and any required assistance for testimony.
Consult a Herrling Clark Attorney
Securing a fair personal injury settlement is a victory, but it’s just the first step. By taking the right legal and financial precautions, you can ensure that your compensation truly improves your quality of life without sacrificing the vital support systems you rely on. When your future is at stake, contact an experienced Herrling Clark attorney.