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Disability Law

Living with a Permanent Disability or a Temporary Disability
Living a normal life can be difficult when suffering from an injury that has caused a permanent disability or a temporary disability. A person with a permanent or temporary disability may be unable to perform normal daily functions or continue working in the same profession as employed in before the injury. The nature of one's disability may hinder the ability to function. Simple tasks such as brushing one's teeth or feeding oneself may become difficult or even impossible. A permanent disability will remain with the injured person for their lifetime, while recovery is expected when a person suffers from a temporary disability.

Recovering Damages for a Permanent Disability or a Temporary Disability
It is expensive to live with a permanent or temporary disability. The cost of medical treatment and the loss of income will often necessitate the need for compensation for the injury. The law allows the disabled person to recover damages from a person whose negligence or intentional conduct caused the injury. Damages consist of special damages or general damages. Special damages are damages that are quantifiable, such as medical costs, lost wages, and property damage. When an injury requires continued medical treatment, a damage award will not only include compensation for past medical treatment and income loss, but will also include an award for these future costs.

General damages compensate the injured person for the permanent injury, pain and suffering, and emotional distress. While it is easy to calculate special damages, it is difficult to place a monetary value on a person's suffering. The law, however, allows a person to recover for the physical and emotional discomfort caused by the injury. The extent of one's injuries will help to determine this award. Considerations for damages for pain and suffering may include the following:

  • Length of recovery
  • Permanency of the injury: scarring, spinal damage, amputation injury, or brain trauma
  • Disruption to one's life: a missed educational opportunity, the loss of consortium, a missed vacation, a missed special event like a graduation ceremony
  • Emotional distress: the loss of sleep, loss of appetite, embarrassment, and stress

When to Seek Help from an Attorney
When a permanent or temporary disability is serious or long-term, it best to consult with an attorney to ensure the receipt of adequate compensation for the injury. An attorney will use experts to help establish damages. A medical expert, for example, will help prove the serious nature and extent of the injuries. An attorney may also use a life care planner to analyze various expenditures, such as future medical treatment, the cost of living, and the cost of homecare assistance.

If you would like to learn about whether you have a permanent or temporary disability case or if you have questions regarding your legal rights, please contact us.

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