Can You Sue if You End Up on Disability After Your Car Accident?


If you’re involved in a serious car accident, you will suffer significant injuries, and may even end up on disability. Depending on the type of injuries you receive, you may not be able to return to work. For example, if you worked construction but broke your neck in an accident, you probably won’t be able to work construction anymore. You may not be able to work at all.

If this is the case, your Douglasville accident attorney will demand that you be compensated for your lost income. Since the disability process can take several months, you want to discuss your case with an attorney sooner rather than later.

It Can Take Several Months to be Approved for Permanent Disability

One of the problems with permanent disability is that there is no guarantee that you’ll be approved. In fact, only 30% of disability claims are approved the first time around. This means there is a 70% chance that you’ll be denied disability benefits. Your Douglasville accident attorney can help you apply. They can even help you appeal your claim.

There is just no guarantee that it’ll be approved. It usually takes several months to get an answer from disability. Your attorney isn’t going to want to wait for this determination before they file suit. That could cause you to miss the statute of limitations in Georgia. If that happens, your case will be dismissed, and you’ll get nothing.

Your Douglasville Accident Attorney Can Include this in Your Complaint

In order to sue for permanent disability, your Douglasville accident attorney will have to demand it in your complaint. That doesn’t mean you’ll get that amount. It is simply the amount your attorney feels you’re entitled to. Since there’s a good chance you will settle your case, there’s a likelihood that your attorney will negotiate a lower amount in permanent disability. The goal is to make sure you get a lump sum to represent the money you would’ve earned had you not been involved in an accident.

You’ll Be Entitled to the Difference Between Your Old Salary and Disability

If your Douglasville accident attorney is able to prove negligence, you will likely be entitled to damages for permanent disability. The way this works is simpler than you may think. Your lawyer will take the difference between your old annual salary and what you’ll receive on disability. They’ll multiply this amount by the number of years left before you retire.

Of course, they’ll account for inflation and amortization before they submit their final demand. For example, consider that you used to earn $50,000. You will only receive $30,000 on disability. You are 40 years old so it’s safe to assume you would’ve worked another 25 years. The difference in earnings is $20,000 per year. When you multiply that by 25, you get $500,000. Other factors can always come into play. This is just a simple example of how permanent disability damages would be calculated.

It’s Very Hard to Get Approved for Permanent Disability

It can be very difficult to get approved for permanent disability. Things have gotten a lot harder ever since COVID-19 landed in the country. State agencies have been backed up even more than usual. Normally it takes several months to get your application processed. While you’re waiting for your response, you may have no income.

Your Douglasville accident attorney will calculate how much income you’ve already lost. Then they’ll estimate how much future income you will lose due to your injuries. Your Douglasville accident attorney will ask the court to award you damages for the lost interest as well.

Call Our Office and Speak with an Experienced Douglasville Accident Attorney

If you’ve never been in a car accident, the experience can be overwhelming. If you don’t handle it perfectly from the very beginning, you could end up with nothing. Rather than let that happen, you can talk to a seasoned Douglasville accident attorney. They’ll take some of the pressure off you and your family. You won’t have to deal with the insurance company. Your attorney will handle this. This way, you can focus on getting better.

For now, take things one step at a time. The first thing you should do is go to the hospital. You need to get checked out right away. Once that is complete, you can call our office and set up your free, initial consultation.  You should feel much better once you’ve met with a skilled attorney.

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