Serious car collisions are, by their nature, life-altering and traumatic events. Some are fortunate to walk away with major injuries, while others may require life-saving amputations. If you recently lost a limb due to a car accident, it is imperative to know what gets covered when losing a limb in a North Carolina car accident.
The job of a personal injury attorney is to find you compensation for your injury, loss of earning capacity, and pain and suffering, among other types of compensation.
The loss of a limb has life-changing consequences for your professional and personal life. In the short term, you will have to contend with doctor visits, surgery, treatments, and rehab. You may suffer from physical pain and mental duress. Many people, upward of 46% of accident victims, experience symptoms of post-traumatic stress disorder following a serious car wreck.
Over time, you will likely find new ways to perform daily activities, engage in hobbies, and return to work (if you are able to easily return at all). Driving following the loss of any limb can be challenging and may require that your car be fitted with new adaptive equipment to accommodate your specific needs.
Modifications might include hand controls for acceleration and braking, left-foot accelerators, spinner knobs for steering, or pedal extensions. The lingering psychological effects of surviving a near-death experience can lead to depression, anxiety, and other mental health afflictions.
The loss of a limb means missing extended periods of time from work. Returning to your original line of work may be difficult, if not impossible. One way you can be compensated for your losses and pain and suffering is by working with an attorney who can review your case and find the appropriate route for seeking payment for your injuries.
Once you hire an attorney to represent you, your lawyer can explore the optimal routes for seeking compensation for your injuries. If you were injured while driving for work, your attorney may be able to negotiate a missing limb settlement with the company’s workers’ compensation carrier.
North Carolina’s workers’ compensation program is privately funded but publicly regulated by the State Industrial Commission. The state provides guidelines for specific injuries to be compensated via a schedule of injuries.
Limb amputations are often settled through a lump sum payment that can compensate you for medical expenses, lost wages, and other losses you incurred as a result of the accident.
If the car accident was not related to work, you can work with a personal injury attorney who can negotiate with the at-fault driver’s car insurance carrier on your behalf. Your lawyer can work to maximize your settlement so you are not financially hurt due to the actions of the other driver.
If the driver engaged in reckless and dangerous driving, such as driving while intoxicated, your lawyer can explore the possibility of taking direct legal action against the negligent driver. Another reason your car accident lawyer may take direct legal action is if they are uninsured or underinsured.
Following the loss of a limb, you are probably dealing with multiple challenges. An attorney can represent you when seeking compensation. This can provide relief during a challenging and stressful time in your life.
An attorney also brings experience estimating the full value of your claim. If you try to estimate what a settlement may be worth, you could miss out on important sources of compensation. For example, you may be lawfully entitled to compensation for pain and suffering due to the emotional stress and anguish you endured following the car wreck.
Insurance companies often place profits over the interests of injured drivers. If you do not have legal representation, the insurance company that owes you compensation may try to offer you far less than you need to fully recover.
A: When you lose a limb, you may suffer physical pain and emotional anguish. The inability to play the sports you love and other physical activities can lead to depression and uncertainty about the future. One important step that can help you recover is hiring an attorney who can work to find compensation for your financial losses and pain and suffering.
A: There is no official formula for calculating pain and suffering in North Carolina. Personal injury attorneys use well-established formulas to calculate what a fair settlement looks like. There are also formulas for estimating the value of pain and suffering.
Those methods typically calculate the value of one day of emotional duress and physical pain. Your attorney then multiplies that value by the number of days you suffered from your injury.
A: In legal terms, the loss of a limb in an accident is called a personal injury. If the car accident occurred while you were working, the loss of a limb may be called a work-related injury. Compensation from an injury that did not occur at work can come through the filing of a personal injury claim.
A: The average car accident settlement claim in North Carolina varies widely, but claims that involve the loss of one or more limbs are often much higher than less catastrophic injury claims. Your attorney will consider the extent of your injury, your lost wages, pain and suffering, and other factors when estimating what a fair settlement looks like.
The loss of one or more limbs can have life-altering consequences for you and your family. With the help of an experienced attorney, you can be fairly compensated for your injury. Whether dealing with a workers’ compensation carrier or the defendant, it is imperative that you have legal representation from an attorney who has represented clients who lost limbs in car accidents.
The legal team at Christina Rivenbark & Associates has helped many seriously injured car accident victims receive fair compensation from the at-fault driver. We can do the same for you. Contact our office today to schedule your no-obligation consultation.