Managing Partner
Most car accident victims are rightfully concerned about the immediate impacts of their injuries. These include medical bills and lost income, among other losses. In the long-term, however, they may suffer disability and incur significant related expenses in the process.
Fortunately, car accident victims can seek compensation for long-term disability. But the process will require input from experts and careful attention to the extent of the victim’s injuries. The Long Island personal injury lawyers of Dell & Dean PLLC explain what you need to know.
Long-Term Disability Losses You May Have
Getting into a car accident can impose long-term disability costs upon a victim in several ways. Here are some examples of compensation that a victim may be able to seek in light of their disability:
- On-going care: Whether a victim needs in-home medical care or placement in a facility depends on their specific circumstances. Either way, these are not minor costs. Long Island in-home care services, for example, are relatively expensive compared to the rest of the country.
- Future medical bills: A victim is likely to incur indefinite medical expenses to manage or adapt to their disability. An example is adaptive medical equipment and accommodations, such as wheelchairs and home modifications.
- Lost future income: Anyone who has become disabled due to an accident will likely miss out on future promotions, raises, bonuses, and benefits. Collectively, this lost future income could be substantial.
- Pain and suffering: Victims who are seriously injured can step outside of New York’s no-fault insurance system to claim non-economic damages like pain and suffering. This is common in long-term disability cases.
Your Roadmap to Winning Compensation for Long-Term Disability
Seeking compensation for long-term disability is a process. Working with an experienced Long Island car accident attorney from day one can expedite it and help you avoid common mistakes. Here is a general roadmap of how you can claim long-term disability:
Proving serious injury
As a general rule, car accident victims first have to file a claim with their own insurer due to New York’s no-fault rules. However, victims of serious injury can potentially step outside this system. “Serious injury” is a legal term in New York that may include:
- Permanent loss of the use of a body part
- Significant limitation of a bodily function
- Medical impairment that prevents a victim from performing substantially all usual and customary activities for at least 90 days within the first 180 days of the accident
Filing a lawsuit
If you are able to exit the no-fault system, you can sue the party that caused your car accident and claim various long-term disability losses like the ones mentioned above. You will have to prove a few things, including:
- That your accident injuries qualify as serious: This requires medical documentation and you will likely also need input from a medical expert witness.
- That the driver or other party was negligent: In other words, you will need to prove the elements of a New York personal injury lawsuit like duty of care, breach, causation, and damages.
- That you have taken action within three years of the accident: Most accident victims only have three years from the date of an accident to file a lawsuit, thanks to the statute of limitations.
Understanding the role of disability benefits
Some disabled car accident victims wonder how disability benefits can affect their personal injury claims, or vice versa. This is a complicated question because there are various types of disability benefits such as:
- Workers’ compensation
- Long-term disability insurance
- Social Security Disability Insurance (SSDI)
- Supplemental Security Income (SSI)
All of these have their own eligibility criteria. And while personal injury settlements typically do not reduce SSDI directly, you generally cannot recover the same lost wages twice without adjustments.
You will most likely want to file both a personal injury lawsuit and for any disability benefits for which you are eligible. But as with all such matters, it is best to discuss the specifics of your case early with a knowledgeable Long Island disability benefits attorney.
How Our Firm Can Help
Dell & Dean PLLC can review your unique circumstances and then advise you on the best way to seek compensation for long-term disability. It begins with scheduling a free initial consultation with us. Contact our office today to get started.
