What to Do if a Car Accident Causes Nerve Damage?

If you have suffered nerve damage from a car accident, many things could happen. First, you will need treatment. Secondly, you will have to pay for the treatment. But what if you cannot afford it? And, even if you can, are you really responsible for the treatment?

These are just some questions you might have to deal with in such a situation. But the good news is that a car accident attorney can help answer these questions and provide legal solutions to your problems. Read on for more details.

Basics of Listed Impairments 

Not every medical condition qualifies someone for disability benefits. In reading through someone’s medical records and insight from their doctors, the SSA employee evaluating the case will also be seeking out the book of listing impairments they maintain as a resource. This resource is the most commonly used one in the process for someone to get disability benefits. 

The Social Security Administration contains a listing book, also known as the blue book, to determine whether or not someone meets the basic qualifications for disability. In the United States, there are over 10 million people currently receiving Social Security benefits because of a qualifying disability. The legal definition of disability per the government is that an individual can be classified as disabled if they're not able to perform any gainful and substantial activity, as a result of physical or medical impairments.

The listings of medical impairments from the Social Security Administration can be confusing. It may be relatively clear to you that you are unable to work and need the support of disability payments, but this does not mean that you will necessarily get automatically approved. It is your job to gather all of your medical records and to submit a comprehensive application, showing the reasons for your disability application. When it comes to the reasons to get disability, you need to speak with a knowledgeable disability lawyer as soon as possible to protect your rights and give you the best possible chance for recovering compensation.

The sooner that you contact a lawyer, the quicker this person can begin working on your disability case. There are multiple, disabling conditions that meet the terms of the Social Security Administration. These include musculoskeletal and connective problems like fibromyalgia, arthritis, or reflex sympathetic dystrophy. Physical disorders are not the only conditions that serve as reasons to get disability. However, mental disorders including PTSD, schizophrenia, autism, or depression may be severe enough that an individual is unable to perform any work and qualifies.

Other medical conditions commonly included in the disability listings include blindness, hearing loss, cancer, hypertension, angina, and Parkinson's disease. If you have a condition that is considered to be equal in terms of severity to a listed impairment, you may also be able to get disability benefits. However, even if you don't have a currently listed impairment or one equal and severity to one listed in the blue book, you could still be classified as disabled if you were able to show in your application that your medical condition keeps you from being able to work in a current job or any other type of position.

If you are not sure whether or not your condition qualifies, you'll want to consult with an experienced lawyer, who can guide you through the process and help provide more information so that you are clear on what is involved and how to create the best possible chance for getting disability benefits. When it comes to your personal reasons to get disability benefits, the primary one is likely to replace the income that you would've had from working in a position. Another reason to get disability is because you'll also qualify for medical benefits. For example, if you are approved for Supplemental Security Income, you'll receive Medicaid immediately.

Those recipients who are approved for SSDI will get Medicare health support two years after their disability started. A big reason to get disability is because many applicants won't just be tapping into the monthly cash payments, but will also get medical support that they need to care for those treatments. If certain situations apply for you, you should consider consulting with a lawyer to get disability benefits first, if you have a physical or mental condition that is severe in nature. Second, if that medical condition or multiple medical conditions are expected to last for a year or even longer.

And finally, if your condition is severe enough that it prevents you from doing any amount of work, you might meet the grounds for disability and can tap into these important benefits. Not being able to work includes situations when you're not able to be productive at least 15% or more of the time on the job, or your condition requires you to be absent 10% or more of the time. The primary reason for this is that you would be unable to maintain gainful employment in either one of those situations.

You may need to collect additional evidence and have it documented in your medical records that either one of these situations applies to you, because it is not necessarily easy for the Social Security Administration to see this. The income to support yourself and your family is a big reason to get disability. A health crisis can require multiple years of treatment and rehabilitation to reach stability. Some medical conditions might last for your entire life. Getting disability benefits also empowers you to tap into something known as the retirement freeze.

What Is the Retirement Freeze? 

In order to calculate your Social Security retirement benefits, the Social Security Administration evaluates all of the earnings you've had over the course of your working career. Any years that you don't work as a result of a disability, turns into $0 in earnings. However, if you are approved for SSDI, those years with $0 earnings are not factored into your overall retirement benefit, which means that you may be able to receive more funds in retirement as a result. Social Security disability supplemental income both provide important financial benefits, but they also help you get support for going back to work again, if your medical condition gets to the point to allow you to do this.

This is a serious benefit when applying for disability payments because of the return earned to work protections. You can tap into numerous incentives when you are approved for SSDI benefits, such as a trial work period, which means that you have nine months over the course of five years to attempt to work and earn as much as you can while still getting SSDI benefits. You would also be able to use an extended period of eligibility of three years to be able to work, earn money, and receive SSDI benefits if your earnings fall below a certain level. You can always discuss the specifics of your situation with an experienced and qualified lawyer to learn more about the reasons to get disability benefits and how these could factor into your life.

When Should I Hire a Lawyer?

The truth is that you should hire a lawyer to help with your application as soon as you decide to file one. You might assume that because there are no challenges in your case just yet that you don’t need an attorney. But if you can better understand the review and approval process from the beginning, your chances of getting disability benefits approved are much higher. 

Likewise, your lawyer will know where to look in your application for omissions or questions that the reviewing agent might have. This information is very powerful so that you can spot mistakes much earlier and submit the most complete and comprehensive version of your benefits application. 

Even if you were past this point already and your application for disability benefits was originally denied, you can still benefit from the inside of a lawyer. In fact, far too many people give up on their initial application for disability benefits. They can also get frustrated by unnecessary delays. In both of these circumstances, retaining an experienced lawyer can help you to sort through some of the challenges and to Fast Track your application that has a better chance of getting approved. While no lawyer can guarantee a positive result, a lawyer can assist you and dramatically increase our chances.

Contact our offices today when you want an attorney who has appropriate SSI and SSDI application experience. You deserve to know your rights and to protect them with a lawsuit where applicable. 

Is Nerve Damage Treatable?

The saddest truth about nerve damage is that although certain treatments can help reduce the symptoms, this condition cannot be cured completely. If you suffer nerve damage, you will likely struggle with certain bodily functions for the rest of your life, even after receiving treatment.

However, it is also important to note that in some cases, skilled doctors can perform a procedure known as nerve repair. This process involves removing a damaged nerve and replacing it with a healthy one or a replacement from another body part.

How Much Does Nerve Damage Repair Surgery Cost?

The average cost of nerve damage repair surgery is $20,000. Bear in mind that the cost varies from state to state. With an average cost of $20,000 to repair this damage, many injury victims choose to live the rest of their lives without surgery simply because they cannot afford it.

Some do not know their options until it is too late to file a claim or pointless to have surgery. For instance, in Florida, all drivers must have a minimum PIP coverage of $10,000. This insurance coverage is designed to cover the medical expenses of an accident victim.

So what happens if you need nerve damage repair surgery worth $20,000, and yet your insurance policy only offers $10,000 as PIP coverage? Unfortunately, many accident victims in this situation tend to give up along the way and elect to live with nerve damage instead.

What Are Some Common Signs of Nerve Damage?

Some common signs of nerve damage include:

• Tingling or numbness in the feet and hands
• Muscle weakness
• Excruciating pain in the arm, legs, hands, of fit
• Inability to hold objects

Talk to your doctor if you experience any of these symptoms, especially after a car accident. You might have suffered nerve damage.

What Are Some Common Forms of Nerve Damage?

Nerve damage is more of a universal term. This damage comes in many different forms. Examples include:

Spinal Cord Injury

This is usually the most common form of nerve damage after a car accident. It usually leads to paraplegia and quadriplegia.

Paraplegia refers to when an individual is paralyzed from the waist down. On the other hand, quadriplegia means paralysis of all four limbs.

Paralysis

This refers to the inability to move most or part of the body.

Sciatica Neuropathy

This condition occurs due to damage to the sciatic nerve. Common symptoms include foot drop, hip pain, lower back pain, loss of movement, numbness in legs, feet, buttocks, etc.

Can I Sue for Nerve Damage?

Yes, if you suffered nerve damage after a car accident, you might be able to sue for nerve damage. If you succeed, you can claim medical expenses to cover the cost of treatment. You may also claim the cost of medical equipment required to help you manage the nerve damage. Braces and wheelchairs are good examples of such equipment.

Depending on the nature of the nerve damage, you may need physical therapy and counseling, which are also compensable if you win the lawsuit.

What Happens if Nerve Damage Goes Untreated?

There is a high risk of amputation if you do not seek medical attention for your nerve damage. To understand why amputation might be necessary, let’s start with the basics.

When you suffer nerve damage, you will likely also develop a condition known as necrosis. This condition means the death of body tissues and occurs when there is little or no blood flow to the injured areas. As necrosis grows and affects large areas of your body, it changes to a condition called gangrene.

Gangrene is the death of body tissue due to a lack of blood supply. Unfortunately, necrosis is irreversible, which is why amputation could be the only option at that stage to protect other body parts from further damage and possible infections.

What to Do if a Car Accident Causes Nerve Damage?

If you suspect you have suffered nerve damage after a car accident, you should seek medical attention immediately. Your doctor will conduct a Nerve Conduction Velocity test to determine whether you suffered nerve damage. The NCV test, also known as a Nerve Conduction Study (NCS), detects how an electrical impulse travels through your nerve.  

If your doctor confirms that you suffered nerve damage, you must follow their advice regarding treatment and rehabilitation. As mentioned earlier, this damage can lead to devastating results, and that is why you should always follow your doctor’s instructions.

Besides, if you intend to sue the other party for nerve damage, you may not be able to collect a reasonable settlement if you do not follow your doctor’s instructions. The other party could argue that your injury was not that serious or it worsened due to your failure to follow the doctor’s instructions.

Next, contact an experienced car accident attorney. The attorney will review your case and determine whether you have legal grounds to file a claim. If you have a valid claim, the attorney will also walk you through the claims process.

What Damages Can I Claim?

You will likely be able to file compensatory damages. These damages include economic and non-economic damages.

Economic damages in such a case cover:

• Medical expenses
• Hospital bills
• Prescription costs
• Cost of transportation to your medical appointments
• Cost of special medical equipment, such as braces, walkers, and wheelchairs
• Loss of wages if you could no longer work due to the nerve damage
• Loss of earning potential, if the nerve damage prevents you from earning a living in the future

Non-economic damages in such a case include:

• Pain and suffering, especially if you require multiple surgeries
• Emotional distress
• Loss of enjoyment of life, usually when the injury prevents you from doing the things you loved doing, either alone or with your loved ones

Your spouse can also file a standalone loss of consortium claim. This claim alleges that the nerve damage affected your relationship. For instance, if you can no longer have a sexual relationship with your spouse due to nerve damage, they might be able to file a loss of consortium claim.

How Much Is My Nerve Damage Lawsuit Worth?

The court looks at many different factors when determining the value of a nerve damage lawsuit. These factors vary greatly depending on the specific circumstances of that particular case. Examples include:

Type and extent of the injury: In most cases, the more severe the injury, the higher the compensation. However, this will also depend on many other factors, such as whether or not you contributed to the injury, if you have an underlying medical condition that could cause nerve damage, among others.

Treatment costs: The court will likely order the other party to settle your treatment costs if they were liable for your nerve injury.

Property damage: If there was any property damage, you might be able to file a property damage claim, seeking compensation for such damages.

Victim’s background: The court will want to know more about you and how the injury impacted your life. For instance, if you are the breadwinner in your family and can no longer go to work due to the injury, the judge or jury will keep this in mind when calculating the settlement.

Can I Still Sue for Nerve Damage Even if I Was Partly at Fault?

It depends on the jurisdiction. In most cases, you can still file a lawsuit even if you were partly at fault for the car accident.

All states follow a certain principle regarding negligence. For example, some states allow you to recover damages if you were no more than 50% or 51% at fault for the accident. In other states, recovery is impossible if the plaintiff is responsible for the accident, even by 1%. Lastly, some states will allow you to recover damages based on your percentage of fault. For instance, if you were 70% at fault, you could only recover 30% of the total damages.

That said, it is always advisable to speak with an experienced attorney before filing such a lawsuit. Such an attorney better understands how the law applies to your unique circumstances and how best they protect your rights.

What Should I Look For in a Car Accident Attorney?

Understandably, you may not know where to find the right attorney. This is because there are many personal injury law firms and solo attorneys that provide legal representation for car accident victims.

The internet is a great place to start your journey to finding the right attorney. You can also ask your friends, colleagues, or relatives if they have any recommendations. But do not be quick to contact the attorney or law firm; you need to conduct further research.

Consider the following factors:

Experience

You should opt for a law firm or attorney with experience handling these cases. You do not want someone who will likely use your case as an experiment to test their proficiency.

Nerve damage is a serious injury. Do not gamble with your choice of attorney.

Results

Results can help prove experience. A competent attorney or law firm always has results to show. In fact, these results are their main selling points, and it is highly unlikely that they would want to keep them a secret. If they do not have the results to show, chances are they do not have the experience to handle your case.

Resources

Opt for a lawyer or firm with powerful legal resources to fight for you. If they lack powerful resources, they will likely not be able to handle the case, and if they do, they will likely settle for less than you deserve.

Reputation

An attorney or law firm’s reputation will give you a rough idea of what to expect when you hire them. As a general rule, you should always opt for lawyers or firms with a good reputation handling these kinds of cases. This gives you peace of mind knowing that your case is being handled by experts.

If that is what you need in a car accident attorney, Morgan and Morgan is the law firm to contact.

Why Morgan and Morgan?

At Morgan and Morgan, we have been fighting for car accident victims since 1988. For this reason, if experience is what you are looking for, our attorneys are more than ready to fight for you.

And, regarding results, very few law firms come close to what we have achieved. Our firm has helped our clients recover more than $13 billion as compensation for various injuries, including nerve damage caused by car accidents. Because we are used to handling huge settlement amounts, you can count on us when you need a legal representative who will not settle for less.

Our reputation speaks volumes about us. We are the largest personal injury law firm in the United States, serving clients from coast to coast. With over 25,000 5-star reviews on Google, there is no doubt that we lead the pack while others follow.

Lastly, we have the resources to fight for you. We know how financially-draining these cases can be, especially if you pay for the legal costs out of pocket. But you should not be concerned about that when you hire our attorneys. Because we have the resources to fight for you, you can rest easy knowing that we will build a strong case against the defendant.

Contact a Morgan and Morgan Car Accident Attorney 

If you or your loved one has suffered nerve damage after a car accident, fill out our case evaluation form. We might be able to help protect your rights.