How Are You Compensated If You Become Disabled In Florida?
People living and working in Southwest Florida or Florida’s Suncoast just want to live their lives, working their job, and enjoying time with friends, family, and other loved ones. This is an achievable dream for many people, but sometimes things come unexpectedly from the outside that change all of this. An injury that results in a permanent disability is one of these things.
A permanent disability is a life-altering experience, and it has a huge impact on everything, especially finances. However, if the injury was not the injured person’s fault, and someone else was responsible for it, some forms of help are available to ease financial support concerns. It all depends on how the injury occurred and where it occurred.
Injuries On The Job
If you become injured while working, and it results in a permanent disability, then there is likely to be a settlement and some kind of financial compensation, provided that you were not at fault. People that work in high-risk occupations such as construction, or the lumber industry, can suffer from debilitating, permanently crippling injuries through no fault of their own. A structure collapsing while tradespeople are in it or a tree crushing someone because it didn’t fall in the anticipated direction is no fault of someone that just happens to be in the wrong place at the wrong time.
In these instances, workers’ compensation and other financial support mechanisms like social security disability insurance can step in to assist accident victims as they transition to a new lifestyle. This is especially important if the injuries are permanent and may no longer allow the accident victim to return to the previous occupation. A construction worker who is now blind, for example, can’t be expected to resume duties since even if there’s a physical recovery, the inability to see now makes the former job untenable.
Injuries Outside Of Work
Then are the injuries that can occur when people are no longer at work but may still be vulnerable to the negligence of others. There are many examples in Florida’s traffic history, for instance, of people who have suffered permanent disabilities as a result of obeying all traffic laws and still being hit by a drunk driver.
It’s not just vehicular accidents where this can happen, either. Premises liability is a legal circumstance where someone is injured while visiting someone else’s property through no fault of their own. This can be a private residence, such as a crippling injury due to children playing with a firearm that should have been appropriately stored. Or it can be a place of public business, such as someone suffering requiring an amputation after getting a limb crushed while riding an amusement attraction that wasn’t properly maintained.
Despite these injuries having not occurred at work, a permanent disability still means that the accident victim may not be able to return to the previous occupation. This can have drastic effects not just for that person’s financial well-being but also for the person’s family, especially children, if there is still any economic dependency on the accident victim to be a breadwinner for the family.
Lawsuits Can Get Justice
For permanent disabilities resulting from someone else’s negligence, the law resolves the situation and ensures that an accident victim gets the help they deserve. While it’s considered both wrong and illegal for someone’s negligence to cause an injury, this is not considered a criminal act. In other words, someone causing an accident that results in a crippling injury does not get an entry on a criminal record, nor is there any jail time involved. Instead, a personal injury lawsuit is a method used to get the resolution that an accident victim deserves.
As with workers’ compensation, numerous factors are considered when calculating the financial compensation an accident victim receives. The severity of the injury and its impact on a person’s life are key factors. Of course, if an injury is a permanent disability and results in the victim no longer being able to work, that will have a significant influence on tallying the total damages owed.
Unlike disability social insurance, lawsuit financial damages can be planned out depending on the accident victim’s preferences. If the case is won, the plaintiff can choose for a lump sum payment, which means the entirety of the owed amount is paid all at once, and there is no longer any obligation or expectation on either side.
However, for those who wish it, a structured settlement is also possible, where the payments are distributed monthly, similar to a traditional salary. If you’ve been injured through no fault of your own, and it results in a permanent disability, talk to a personal injury lawyer in Southwest Florida to get the help you need to resolve the situation. You can get the advice you need to recover your losses and prepare for a new future.