Permanent Damage and Chronic Pain Accident Attorneys Mercer County NJ
Accidents can cause short- or long-term harm to their victims.
When someone is in an accident due to another’s negligence or fault, experts recommend that they wait until they have arrived at maximum medical improvement before submitting a letter demanding compensation to the responsible party’s insurance provider. This demand letter includes a proposed amount of compensation, and if the victim hasn’t completely recovered from their injuries to the full extent medical providers expect them to heal, they won’t know how much to demand.
In some cases, a victim does not fully recover to their pre-accident physical health. Chronic pain or permanent damage, is, unfortunately, a reality for some people. By the time they reach maximum medical improvement the providers believe is possible, they still suffer from pain, limitation to mobility, or other impairments that negatively impact their daily life. Such impairments may even limit their capacity to work as they had before the accident, adversely affecting their job prospects and income, as well as negatively impact their lifestyle. Permanent damage and chronic pain are considered compensable harm in the eyes of New Jersey law, just as medical expenses, lost wages, and some cases of pain and suffering are.
What are some causes of residual impairment?
As one could imagine, there is a myriad of ways in which residual impairment could be caused in an accident, even with the presence of high-quality medical attention and the latest technology. Common causes of chronic impairment and permanent damage are damage to the spinal cord or column, as well as damage to the joints. Because both the spinal cord and the joints lose strength and resilience as one age, any significant damage to them is often irreversible to an extent.
Another common form of residual damage caused by an accident is permanent scarring. While this type of cosmetic disfigurement is often not considered damage, it is. Thick scarring can limit mobility as well as block nerve endings, which limits sensitivity in that area.
As noted, nearly all forms of residual impairment allow a person to seek compensation from the responsible party’s insurance company. Determining what compensation to claim requires the support of an experienced New Jersey personal injury attorney.
Another reason to have a skilled personal injury lawyer in your corner is that in New Jersey, the type of insurance you have determines whether or not you are able to file a personal injury lawsuit. For example, New Jersey auto insurance options include No Threshold policies as well as Limitation on Lawsuit policies. Because Limitation on Lawsuit policies are cheaper, many drivers select that option; however, this greatly increases the threshold at which a person can sue to recover damages for personal injury in an accident.
The only way a person with Limitation on Lawsuit coverage can file a personal injury lawsuit is if the accident caused death, dismemberment, significant bodily disfigurement or massive visible scarring, permanent bone misalignment due to fracture, loss of an unborn child, or a permanent injury. In order to prove permanent injury, a doctor must sign a Certification of Permanent Injury declaring confirmation of the long-lasting nature of the injury, obtained through objective medical procedures and testing.
Even when a person has No Threshold insurance or the nature of the accident is such that the victim meets the threshold required to file a personal injury lawsuit, actually recovering full damages in that accident is not an easy task. In order to ensure fair and complete compensation, it is essential to have legal support in navigating the process. The responsible party’s insurance company has a vested interest in paying out as little as possible for the negligence of their client. As such, they will do as much as they can to negate the extent of your injuries or attempt to prove that prior imbalances – and not the accident itself – caused your permanent injuries. You deserve to be justly compensated for physical injuries and suffering you experienced as the result of another’s negligence or error. To ensure this, have a personal injury attorney helping you to navigate the process and communications with the other party’s insurance company.
Contact a Skilled Mercer County Personal Injury Attorney Today
At Kamensky, Cohen & Riechelson, our skilled team of personal injury attorneys support clients across Trenton, Princeton, Lawrence, Hamilton, New Brunswick, and all of Central New Jersey and the surrounding communities in all accidents and personal injury claims.