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Can I Seek Compensation for a Permanent Injury From a Car Accident? 

Aug 10, 2022

A driver involved in a minor crash may be able to resume their normal activities after a few weeks or months of treatment. However, when you suffer from a severe or permanent injury from a car accident, you may claim higher compensation to cover the losses you endured. Your losses deserve to be fully recognized, from ongoing medical care to lost earning capacity and the daily struggles of adapting to a new reality.

Read on to understand how to pursue fair compensation after suffering permanent injuries in a car accident, and why having the proper legal support can make all the difference.

What Types of Injuries Are Permanent?

Some car crashes may result in minor injuries that can heal in days or weeks after the accident. However, serious vehicle collisions may cause severe injuries that can permanently affect your life. These permanent bodily injuries include:

  • Burns and scars 
  • Internal damages
  • Brain injuries
  • Spinal cord injuries
  • Limb loss

When you suffer from these injuries, you will require consistent medical attention, surgeries, rehabilitation, and equipment to help you adapt to them.

When Can I Seek Compensation for a Car Accident Injury?

If you’ve been injured because someone else acted carelessly, you can seek compensation for your injuries and other damages. You can seek compensation when:

  • Negligence caused your injury. If someone fails to take reasonable precautions and that failure leads to your harm, they can and should be held accountable.
  • You’ve suffered real losses. The accident caused you injuries and other damages, such as vehicle damage. From mounting medical bills to missed paychecks and the emotional toll of your recovery, your damages go far beyond just what’s visible.
  • You act in time. California law gives you two years from the date of the injury to file a claim. If you go beyond the timeframe, you will lose the right to compensation even if you aren’t at fault. Two years may seem like a long time, but healing takes energy, and the sooner you act, the stronger your case can be.

Understanding when and how to file a case can be overwhelming and frustrating, especially if you are suffering a severe or permanent injury. Speaking with a skilled personal injury lawyer can help you understand your rights, gather the proof you need, and fight for the compensation you deserve.

Can I Still Pursue a Case If I’m Partially Liable for the Crash?

Accidents aren’t always black and white. Sometimes, a split-second decision can put you in a tough spot even when you do your best to stay safe. If you are partially liable for the accident, you still have the right to file a claim for compensation.

California follows a pure comparative fault system, which means you can still file a personal injury claim even if you were partly at fault. If a court determines you were 40% responsible, you can still recover 60% of your total damages. The other party is held accountable for their share of the blame and your losses.

But here’s the catch: insurance companies will often try to shift more blame onto you than you deserve to reduce what they have to pay. That’s where a skilled California car accident lawyer becomes helpful. They’ll carefully analyze every detail of your accident, calculate the full extent of your damages, and fight to ensure you’re not unfairly blamed or underpaid.

Because even if you made a mistake, that doesn’t erase the harm you’ve suffered. You still deserve justice, and someone on your side to make sure you’re treated fairly every step of the way.

How Can I Calculate the Settlement for My Permanent Injury? 

When you’re living with a permanent injury after an accident, the actual cost isn’t just medical bills; it’s the lifelong impact on your health, independence, career, and quality of life. Calculating a fair settlement means accounting for much more than immediate expenses. It’s about making sure your future is protected.

Here are the key factors considered when determining the value of your settlement:

  • Past and Future Medical Expenses – including surgeries, hospital stays, physical therapy, medications, assistive devices, and any long-term care you may need.
  • Lost Wages and Reduced Earning Capacity – If your injuries prevent you from returning to your job or limit your ability to work in the future, you may be compensated for lost income and future earning potential.
  • Pain and Suffering – This accounts for the emotional distress, chronic pain, and loss of enjoyment of life you’ve endured—and may continue to endure.
  • Permanent Disability or Disfigurement – The law allows higher compensation if your injury leads to permanent impairment or visible scarring.
  • Impact on Daily Life and Relationships – From losing the ability to perform simple tasks to the strain it places on personal relationships, these intangible losses are also factored in.

Because every injury and accident is different, calculating the full and fair value of a permanent injury claim takes careful legal and medical evaluation. An experienced car accident attorney can bring in medical experts, vocational specialists, and economists to support your case and ensure no detail is overlooked.

If you’re unsure what your injury is worth, don’t guess; get answers from someone on your side. A compassionate attorney can help you fight for the justice and support you need to move forward.

What Types of Damages Can I Include in My Settlement?

When calculating the compensation value, you must consider the medical expenses of your permanent injuries. On top of this, you may also include the following:

  • medical care
  • ongoing therapy and rehabilitation
  • equipment costs needed to adapt to your health needs
  • lost wages
  • Lifestyle change due to the injury

Non-economic damages are especially important in cases involving permanent injury from a car accident, where the emotional toll can be just as life-altering as the physical harm. This includes:

A settlement won’t make a person utterly whole if they cannot walk, work, care for themselves, or participate in what they once did. However, a sizable reward can help compensate for their losses due to the accident.

We understand that these types of damages are not easy to quantify. An accident lawyer can help you examine your situation, gather evidence, and calculate these damages to help you receive the compensation you deserve. 

Do I Need an Auto Accident Lawyer to Calculate the Compensation for a Permanent Injury?

After an accident, it’s easy to underestimate what your case is truly worth. Medical bills might be piling up, you’re missing work, and you’re likely focused on getting through the day. But when it comes time to pursue compensation, knowing precisely what you’re owed is critical, and that’s where having a lawyer can help you.

While you can try to estimate your damages on your own, most people don’t realize just how many losses they’re entitled to claim. A skilled car accident lawyer looks at the big picture: ongoing treatment, future medical care, lost wages, reduced earning potential, pain and suffering, emotional distress, and more. 

Even one miscalculation or overlooked detail could cost you thousands or even your chance to recover altogether.

Fortunately, an experienced attorney knows how to do the following to ensure your rights are protected and you get maximized compensation:

  • Gather proper evidence.
  • Consult medical and financial experts.
  • Calculate the total damages.
  • Push back when the insurance company lowballs your claim. 
  • Meet all legal deadlines.
  • Move your case to trial, if necessary.

Because when you’ve been hurt, you deserve more than a quick guess. You deserve an advocate who will fight for everything you’ve lost and everything you still need to move forward. Our California car accident lawyers at The Law Offices of Larry H. Parker will vigorously defend your right to compensation and endeavor to secure a just settlement for you. We only charge a fee if we successfully recover your money, and first consultations are always free.

If you need a car accident lawyer you can trust, give us a call today. We’ll review your case for free and explain your options clearly.

What Our Clients Have to Say About Us

While many personal injury attorneys can represent you, our team goes above and beyond with relentless advocacy and unwavering dedication. We don’t just handle cases; we fight tirelessly to build the strongest possible claim for every client. Our commitment to excellence is reflected in the trust and satisfaction of those we’ve helped before:

“I have been a client twice of this law firm. Yes, the process is lengthy, but everything in this kind of situation needs time for investigation, recovery, and negotiation. They won my case twice, and I was the one rear-ended. They protected me from Liberty, a mutual insurance company that is trying to delay the process of repairing my car. I was given chiropractic care near my location. We were able to get substantial money back.” – Jinky T.

Frequently Asked Questions About Accident Claims 

Need to learn more about personal injury claims? We want to help you! Here are common questions injured victims ask, which may clarify various aspects of your case.