Dallas Lawyer for Physical Impairment After a Car Accident
A car accident can be a tragic event in and of itself. But the long-term repercussions of an accident can be truly devastating, especially if that accident was caused by someone else’s negligence, carelessness, or wrongdoing. If you sustained injuries in a car accident that have left you with a physical disability or impacted your ability to return to the activities and hobbies that you used to enjoy, you might be entitled to compensation for physical impairment.
The Dallas car accident attorneys of The Benton Law Firm have significant experience in representing Texas clients after car accidents. From your very first (and free) consultation with our attorneys, we will listen intently and endeavor to understand exactly how the car accident has impacted your life and your ability to do what you love. We can shoulder the burden of pursuing your case against the at-fault party so that you can focus on your well-being. We will advocate aggressively for your rights and interests, working diligently to pursue the best possible result in your case.
If your injuries after a car accident limit your ability to move or prevent you from doing what you love to do, contact The Benton Law Firm today at (214) 777-7777. You can speak to one of our attorneys about pursuing compensation for your loss of enjoyment.
What Is Physical Impairment?
Physical impairment is an injury that prevents an individual from physically moving in ways they did before the accident, which could keep them from doing things that they used to enjoy before the accident. It can also be referred to as loss of enjoyment. Loss of enjoyment or physical impairment is a category of compensation, or “damages” that can be awarded to victims of car accidents in a personal injury lawsuit.
How Physical Impairment Differs from Other Losses
Physical impairment is not the same thing as loss of earning capacity, which is a type of economic loss that can be quantified. Loss of earning capacity relates to your ability to continue working in the same job or occupation at the same wage. Physical impairment, on the other hand, prevents you from moving your body as you used to do or from doing the activities, hobbies, and pastimes that you enjoyed outside of work.
The same injury can cause both a loss of earning capacity and physical impairment. For example, if you were injured in a car accident that left you confined to a wheelchair, you would be unable to return to a manufacturing job that requires you to lift and carry heavy objects. Furthermore, your confinement to a wheelchair would prevent you from returning to hobbies that you loved, such as running, going on hikes with your family, or playing in the backyard with your children. Therefore, you may be entitled to damages for both the loss of earning capacity at work and the physical impairment outside of work.
However, you can suffer physical impairment without any impact on your earning capacity at your job. For example, if you were involved in an accident that required your leg to be amputated, your amputation may have no impact on your earning potential at your desk job, but it certainly impacts your ability to go on hikes with your family. In this situation, you may be entitled to compensation for your physical impairment because you are unable to do activities that you previously enjoyed but not necessarily for loss of earning capacity.
Physical impairment also differs from the need for ongoing or future medical care. Future medical care can be quantified according to the duration, type, and degree of medical services you may need to treat your injuries, such as physical therapy or future surgeries. Rather, physical impairment refers to the loss of enjoyment in your life due to your injuries, irrespective of whether those injuries also require ongoing medical care.
Furthermore, physical impairment differs from pain and suffering caused by the accident. The term “pain and suffering” refers to physical and emotional pain and suffering after an accident and may last for only a short time. Physical impairment, on the other hand, generally refers to the long-term loss of enjoyment due to your injuries.
Examples of Physical Impairment
Physical impairment looks different in each case because it depends on the person and what they loved to do before the accident. Examples of physical impairment after a car accident include:
- Inability to return to physically active hobbies, such as walking, hiking, or running, due to amputation, spinal cord injury, or severe musculoskeletal injuries
- Inability to return to artistic hobbies, such as knitting or sewing, due to a spinal cord injury, impaired vision, or brain injury
- Inability to return to pre-accident life activities due to paralysis, such as playing with your children or grandchildren
- Inability to have children due to injury to a major body system or organ
- Inability to read for enjoyment due to impaired vision or brain injury
- Inability to listen to music due to hearing loss
How to Prove Physical Impairment
In order to receive damages for physical impairment, you must be able to prove that the accident was another party’s fault, the accident caused your injury, and the injury prevents you from doing activities that you previously enjoyed.
Furthermore, you must prove that your injuries cause much more than pain and suffering or loss of earning capacity. Rather, Texas courts have ruled that physical impairment must produce a “separate and distinct loss that is substantial and for which he should be compensated.”
Proving physical impairment can be challenging for the average personal injury lawyer. That’s why you’ll want to hire an attorney who is experienced in trying car accident cases involving a claim of physical impairment. An attorney may rely on the following types of evidence to prove physical impairment:
- Personal testimony about the impact of your injuries on your loss of enjoyment
- Testimony from family or friends on the impact of your injuries
- Expert testimony from a medical professional
- Medical records proving your injuries were caused by the accident
- Video evidence demonstrating your injuries and impairment
Contact The Benton Law Firm for Help with Your Physical Impairment Case
If you were injured in a car accident that wasn’t your fault and cannot return to the activities that you used to enjoy, call The Benton Law Firm. We can help you pursue compensation from the party responsible for your loss of enjoyment. Contact our experienced Dallas car accident attorneys today at (214) 777-7777.