If you've been injured in a car accident and can no longer work, the financial and emotional stress you are enduring can be overwhelming. Lost wages, mounting medical bills, and other expenses can make your recovery feel even more daunting. You may be wondering what options are available to support yourself and your family during this difficult time. This article explores your rights after a car accident that leaves you unable to work, covering potential compensation sources and steps you should take to protect your claim.

For legal help, contact the law office of Brandon J. Broderick, Attorney at Law to go over your case details with one of our experienced car accident lawyers.

Understanding Your Options After an Accident

When you’re unable to work due to injuries sustained in a car accident, there are several ways to seek financial compensation. Your specific options depend on several factors, including the severity of your injury, the state you live in, and the circumstances of the accident. Here are the most common avenues:

1. Personal Injury Protection (PIP) Insurance

In some states, Personal Injury Protection (PIP) insurance is required, while in others it is optional. PIP is part of your auto insurance coverage and is designed to cover medical expenses, lost wages, and other accident-related costs, regardless of who was at fault.

How Does PIP Work?

PIP typically covers:

• Medical expenses: This includes hospital visits, surgeries, therapy, and other necessary treatments.
• Lost wages: PIP can compensate you for a portion of your lost wages while you’re unable to work. However, there are often caps on how much can be paid out.
• Rehabilitation costs: If you need physical therapy, occupational therapy, or other forms of rehab, PIP may cover these expenses.

2. Workers' Compensation (If Applicable)

If you were driving for work-related purposes at the time of the accident, you might be eligible for workers’ compensation benefits. These benefits are designed to cover employees who are injured on the job, including those hurt in a car accident while working.

What Does Workers' Comp Cover?

• Medical costs related to the injury.
• Partial wage replacement, usually around 70% of your average weekly wage.
• Temporary or permanent disability benefits, but will depend on the severity of your injury and your ability to return to work.

In most states, you must report a work-related injury within a certain timeframe to qualify for workers’ compensation benefits. Be sure to notify your employer as soon as possible to avoid complications in your claim.

3. Third-Party Claims

If another driver was at fault for the accident, you can file a third-party claim with their insurance company. This can help recover compensation for lost wages, medical expenses, and other damages. However, insurance companies may try to minimize payouts or deny liability. Here’s how you can strengthen your claim:

• Gather evidence: Take photos of the accident scene, vehicle damage, and any visible injuries.
• Get witness statements: If there were witnesses, obtain their contact information and ask them to provide statements.
• Obtain a police report: This can serve as official documentation of the accident and its cause.

Keep in mind that insurance settlements can be limited by the policy limits of the at-fault driver’s insurance. If your damages exceed these limits, you may need to pursue a personal injury lawsuit.

4. Social Security Disability Insurance (SSDI)

If your injuries are expected to prevent you from working for at least 12 months, you may qualify for Social Security Disability Insurance (SSDI). This federal program provides benefits to individuals who are unable to work due to a disabling condition.

Key Requirements for SSDI

• Work history: You must have a sufficient work history and have paid into the Social Security system.
• Medical evidence: You will need to provide extensive medical documentation proving your disability.
• Long-term disability: Your condition must be expected to last at least one year or result in death.

Applying for SSDI can be challenging, as the approval process is often lengthy and involves several stages of review. Having legal representation during the process can improve your chances of receiving benefits.

5. Personal Injury Lawsuits

If you are unable to reach a fair settlement with the at-fault driver’s insurance company, or if the insurance limits are insufficient to cover your losses, you may consider filing a personal injury lawsuit. This can be a more effective way to recover compensation for:

• Lost wages and future earnings
• Medical expenses
• Pain and suffering

Understanding State Laws

Different states have varying laws regarding personal injury claims. For example:

• New York follows a comparative negligence rule, meaning that your compensation can be reduced based on your level of fault in the accident.
• New Jersey has a verbal threshold that can limit your ability to sue for pain and suffering unless your injuries meet certain criteria, such as permanent disfigurement or scarring.

Protecting Your Rights After a Car Accident

Regardless of the type of claim you pursue, there are several steps you should take to protect your rights and maximize your chances of receiving fair compensation:

1. Seek immediate medical attention: Prompt medical care not only aids your recovery but also serves as important documentation for your claim.
2. Keep detailed records: Maintain records of all medical treatments, expenses, and time missed from work.
3. Consult an experienced attorney: Legal representation can help you navigate the complexities of personal injury claims, negotiate with insurance companies, and build a strong case for compensation.

Call Brandon J. Broderick for Legal Help

Navigating car accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced car accident lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.