Unfortunately, when someone suffers from a permanently disabling injury, it can mean a lifetime of agony. When a car accident is the direct cause of these injuries, the victim can pursue a lawsuit, but the responsibility for proving a permanent injury related to a car accident is yours alone.
How do you prove that a permanent injury is related to a car accident? At DiPiero Simmons McGinley & Bastress, PLLC, we have spent years helping our clients establish these facts in their cases.
If you have been injured and suffered a permanent injury, there are several ways to connect your physical condition to the accident.
What Is a Permanent Injury?
According to the National Safety Council, 63 million people in the U.S. suffered injuries in 2022. Some victims may struggle with permanent injuries. Unfortunately, any further medical treatment is unlikely to improve their condition.
Permanent injuries can take many forms, such as loss of mobility, scarring, or traumatic brain injuries. For example, a person who suffers a spinal cord injury may experience paralysis, while a traumatic brain injury can cause long-lasting cognitive impairment. Some of the most common ones include:
- Back, neck, or spinal injuries: These injuries can lead to mobility loss or paralysis. Spinal injuries can damage the spinal cord, leading to a loss of sensation, muscle weakness, or paralysis.
- Loss of vision or hearing: Injuries to the eyes or ears can result in partial or complete loss of vision or hearing.
- Scarring or disfigurement: Scarring or disfigurement can occur due to burns, lacerations, or other types of harm. Many times, these injuries leave a permanent mark on the victim’s body.
- Traumatic brain injuries: When someone suffers a blow to the head, it can result in severe brain injuries. Often, this can lead to cognitive impairment, memory loss, or other neurological problems.
- Chronic pain: Sometimes, previous injuries never fully healed, leading to a lifetime of pain for an individual. Not only does it lead to physical and emotional distress, but it can affect the victim’s overall quality of life.
Any permanent injury can majorly impact an individual’s life, both physically and emotionally. They may require ongoing medical treatment and rehabilitation. Often, they may also experience financial hardships due to their inability to work or engage in other activities.
Proving That an Injury Is Permanent
If you are pursuing a personal injury case following a car accident , it may be necessary to prove you suffered lasting harm.
Most of these cases center around negligence. If the other driver or responsible party did not act in a certain manner, the victim would not have suffered these injuries. Proving causation can be difficult, but with the proper evidence, your legal team can build a direct link between the car accident and your permanent injuries.
Medical records are the cornerstone of most cases. They provide a detailed account of the injury suffered during the accident, along with its progression over time. Legal professionals can analyze these records to establish the long-term impact of the injury on the victim’s life. With this information, a car accident lawyer can calculate the damages owed to the claimant.
Maximum medical improvement (MMI), as described here by the American Medical Association (AMA), will likely be a term a treating physician uses in your medical records. It describes the point in time when an injured person has recovered as much as they likely will.
When an individual reaches MMI, their health care provider evaluates their condition. If an injury has not fully healed by the time of MMI, it is considered permanent. Keep in mind that MMI is not a fixed date. Instead, it is based on the individual’s specific medical condition, the nature of their injury, and the type of medical treatment they have received.
Even after reaching MMI, an individual may still require ongoing medical treatment and therapy to manage their injury and prevent any more deterioration in their health.
Another key piece of evidence is the health care provider’s notes. These notes contain detailed information about the patient’s condition, including the diagnosis, treatment plan, and any other relevant clinical details.
They establish a direct link between the injury and the incident, providing evidence that the injury stemmed from the specific accident. Collaborating with treating doctors can be helpful when proving permanent injuries in court. These doctors are often best positioned to assess the impact of the injury on the victim’s life. They have firsthand knowledge of the patient’s condition and treatment plans.
Additionally, expert testimony may help build a case. These experts can provide professional opinions on the permanency of the injury. This can often be important when the injury is complex or requires specialized knowledge to fully understand.
Connecting a Permanent Injury to a Car Accident
Establishing a link between permanent injuries and a vehicle crash can be difficult. For this reason, many individuals trust their car accident cases that cause severe injuries like these to injury lawyers.
The members of our legal team at DiPiero Simmons McGinley & Bastress, PLLC are all experienced in handling serious crash cases where an injured victim, like yourself, has the burden of proof to prove their condition is permanent.
So, if you’ve been affected by a car accident that’s left you with serious injuries, let’s talk. We’re here to help, beginning with a free initial consultation.
