After a car accident, filing for permanent disability requires several critical steps that must be followed diligently and promptly in order to maximize compensation. To begin the process, you need immediate medical attention, proper documentation, filing insurance claims, and perhaps pursuing legal action against the at-fault party.
Your first priority is seeking comprehensive medical treatment within 14 days of the accident to qualify for Florida's Personal Injury Protection (PIP) benefits. This initial step serves to ensure your health and to create essential documentation of your injuries.
File a claim under your PIP coverage immediately to access up to $10k in benefits for medical expenses and lost wages, regardless of who caused the accident.
Medical records, treatment plans, and expert medical opinions establishing the permanence of your disability form the foundation of your claim.
Permanent disability claims require proving that the other driver's negligence caused both the accident and your permanent impairment. It is necessary to prove that the at-fault driver owed you a duty of care, breached that duty through reckless driving or distracted driving, and this breach directly caused your long-term injuries.
In order to support your permanent disability claim, you must gather comprehensive evidence. You must include police reports, witness statements, detailed medical records, and expert testimony regarding the extent of your injury and its impact on you on a day-to-day basis.
In Florida, personal injury claims usually have a two-year statute of limitations. Personal injury lawsuits are necessary when medical expenses and damages exceed PIP limits or insurance settlement offers are insufficient. Litigation provides you with the opportunity to recover compensation for past and future medical care, home modifications, lost wages, loss of earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life.
If your disability is expected to last at least one year or result in death, you should also apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). Qualifying conditions often include traumatic brain injuries, spinal cord injuries, paralysis, severe burns, and PTSD.
If you want to file a claim for permanent disability in Florida, we can help you understand the state's personal injury laws, insurance regulations, and medical documentation requirements. Our personal injury attorney can gather all evidence and handle the insurance negotiations on your behalf while you focus on recovering.
At The Law Offices of Sean M. Cleary, we are aware of how difficult cases involving permanent disabilities can be. We are here to help you defend your rights and pursue the best possible result. Attorney Sean M. Cleary has the experience and dedication to manage serious injury claims and is here to evaluate your case and help you obtain maximum compensation for the injury suffered.