What if an Accident Injury Leads to Permanent Disability?

No one expects to have someone else’s mistake impact the rest of their life. But, for far too many people, this is their reality. We often work with accident victims who have suffered a permanent disability, and, as a result, we are intimately familiar with all of the ways that a disabling injury can impact someone’s life over the long term. 

For accident victims who have suffered disabling injuries, understanding their legal rights is extremely important. Permanent disabilities can lead to significant financial and non-financial costs, and accident victims will be entitled to compensation for these costs in many cases. Seeking compensation involves filing a personal injury claim, and talking to an experienced personal injury lawyer is the first step in the process. 

7 Important Facts to Know After an Accident Resulting in a Permanent Disability 

Here are seven more important facts to know about filing a personal injury claim after an accident resulting in a permanent disability in Wisconsin: 

1. Filing a Personal Injury Claim Requires Proof of Liability 

To file a personal injury claim for your accident, you will need proof of liability. In the vast majority of cases, this involves proving that someone else’s (or a company’s) negligence is to blame for what happened. Some common examples of negligence include:

• Drowsy, distracted, impaired, and reckless driving
• Inadequate vehicle maintenance 
• Inadequate property maintenance
• Operating an ATV or boat with inadequate experience
• Failing to provide adequate security or supervision

These issues, among many others, can provide clear grounds for accident victims to file personal injury claims under Wisconsin law. But, accident victims can only file claims if they can prove what happened and prove who (or what company) is legally responsible. 

2. It Will Be Important to Conduct an Investigation Promptly 

With this in mind, it is important to conduct an investigation as soon after the accident as possible. This is one reason why it is important to speak with a lawyer right away. You should not try to investigate on your own or have a friend or family member investigate for you, because this won’t be effective. To prove your legal rights, you need to preserve the available evidence in such a way that it remains admissible in court. 

3. The Costs Associated with Permanent Disabilities Can Be Substantial 

Along with proof of liability, filing a successful personal injury claim will also require proof of the damages you are entitled to recover. When an accident leads to permanent disability, the associated costs can be substantial. These include not only financial costs such as medical bills and lost earnings, but also non-financial costs such as pain, suffering, emotional trauma, and loss of enjoyment of life. 

4. Seeking Compensation Usually Involves Targeting an Insurance Settlement 

In most cases, seeking compensation for the costs resulting from a serious accident involves dealing with the insurance companies. The best-case scenario is often to secure a favorable insurance settlement; and, if you hire an experienced personal injury lawyer to represent you, your lawyer will work to secure a favorable settlement as quickly as possible. 

5. It is Critical Not to Settle Your Claim Too Soon 

With that said, it is critical not to settle your claim too soon. Most importantly, you should not settle until you have a clear understanding of the total damages you are entitled to recover. If you settle before you know how much you will need to cover the long-term costs of your accident-related permanent disability, you could end up with significantly less than you deserve. 

6. It Is Also Important to Be Prepared to Take Your Claim to Court if Necessary 

While your personal injury lawyer will target an insurance settlement, your lawyer will also prepare your case for trial if necessary. As an accident victim, it is important to make sure you are ready to go to court if this is what it takes to recover the financial compensation you deserve. While most successful claims settle, some accident victims do need to go to court to hold the insurance companies accountable. 

7. Hiring a Personal Injury Lawyer Costs Nothing Out of Pocket

While permanent disabilities can lead to substantial costs, it costs nothing out-of-pocket to hire a personal injury lawyer to represent you. If you have a personal injury claim related to your disability, you can hire a lawyer on a contingency-fee basis, which means that your legal fees (if any) will be paid out of your settlement or verdict if your case is successful. 

Speak with a Wisconsin Personal Injury Lawyer for FREE

Do you need to know more about filing a personal injury claim after an accident that resulted in a permanent disability? If so, we strongly encourage you to get in touch. 

Contact the Wisconsin personal injury lawyers at Studinski Law, LLC today online or at (715) 343-2850 for a FREE case evaluation. We proudly serve all of Wisconsin, including Plover, Marshfield, Stevens Point, and other areas.