Legal Guide for California Personal Injury Claims for People with Disabilities

Recovery after a major accident is never easy for anyone. Yet, bouncing back after a traffic collision or a fall can be especially challenging for someone already dealing with disabilities. A major accident might even leave victims with a new, permanent disability.

A patient in this position would need additional settlement money from those found at fault. Support should be enough to manage a new injury and for the treatment of an existing disability that was made worse. Disabled victims would also have to take care when agreeing to a settlement check, and consider if that money will affect their eligibility for benefits they already receive.

Helping Victims with Disabilities Demand Support After Personal Injury Accidents

Someone living with a permanent injury can be as careful as possible, only to be injured again by a careless driver, a negligent property owner, or even a government agency that doesn’t put accessibility first.

Unfortunately, there are many routines in our daily lives that can lead to devastating accidents that can cause a permanent disability or aggravate an existing condition.

These are just a few of the types of personal injury cases disabled victims may find themselves having to file:

Car Accidents – Disabled drivers may be at extra risk from the equipment they may need to pilot a vehicle. If hit by a careless driver, they may suffer additional harm and need immediate surgery. Victims may have to suffer through an amputation after a terrible collision. An aggressive California car accident lawyer can force car insurance companies to accept full financial responsibility for a victim’s recovery.

Pedestrian Accidents – Distracted and speeding drivers might also cause a collision with a person outside of a vehicle, for heartbreaking consequences. Victims can be struck by a car or truck while carefully crossing in a crosswalk or while riding a bike. A California Pedestrian Accident Lawyer can represent disabled victims and secure the money they need to rebuild their lives and recover from a severe injury like a permanent disfigurement.

Premises Liability Accidents – Victims can slip and fall on a puddle left on a grocery store floor. They may have something fall on them at a home improvement store. They may fall down a flight of stairs that has a loose handrail to suffer a permanent injury or perhaps exacerbate their existing disability. Premises liability means that the owners of stores, businesses, and residential properties must keep these spaces free of dangers for customers, clients, residents, and visitors. City governments in charge of public places and events must also act to remove hazards. These locations must be accessible and free of risk for those dealing with disabilities as well. When someone gets hurt, owners can be held fully liable. A California premises liability lawyer can help take on store chains or wealthy property owners and force them to take responsibility.

Dog Bites – A person with a disability might be enjoying an accessible park when a careless dog owner loses control of a pet. A person in a wheelchair or slowed by a mobility issue may not be able to protect themselves from a dog bite. Dog owners can be held responsible for medical costs and further harm to an existing medical condition. A California Dog Accident Lawyer can help you hold homeowners insurance companies 100% responsible.

Unsafe Products – The devices and products we bring into our homes can cause us harm. It’s especially discouraging when a medical device or home care product meant to make life easier for a disabled patient ends up malfunctioning and causing additional harm. A California Product Liability Lawyer can help a disabled victim seek justice from major retailers and manufacturers.

Medical Malpractice – A medical staff member can make an error that causes a permanent disability, like a Traumatic Brain Injury (TBI). A doctor might make a mistake that worsens an existing disability.

Workplace Accidents – Those with disabilities can struggle to find careers they can physically handle. When they do find a job, they shouldn’t have to put up with an unsafe workspace or an office with accessibility issues that cause accidents. A California Workers’ Comp Lawyer can help disabled victims hurt on the job earn the most possible while they can’t work.

Additional Concerns for Accident Victims with Disabilities

Whether victims were dealing with disabilities or suffered a permanent disability in the accident, many concerns must be addressed. These issues will go beyond the factors affecting someone with a broken bone or with a concussion. Those injuries will hopefully heal.

Those with disabilities or left with one after a personal injury accident will have to worry about the future care they’ll need and perhaps how an accident affects the diagnosis for their current medical challenges.

These are just a few of the types of questions your California personal injury lawyer can help make sure are addressed in the settlement process:

• How long will additional medical care be needed? How much will it cost?
• How long will physical therapy be required?
• Did the accident make a permanent disability worse for the victim?
• Has the accident created even more hardship for the victim?
• What type of medical equipment and home renovations will be needed? How much will these items and upgrades cost?
• Will the victim require home care temporarily or permanently?
• How will this new injury affect the job or career of the victim?
• How much pain will the victim have to live with?
• How does this injury or flare-up affect the mental well-being of the patient?

These and other factors must all be identified and compensated in a disability personal injury settlement check. Your lawyer will be working with your doctors. Your doctors you had already worked with for your previous injury, and any new doctors who are monitoring any recent injuries due to an accident, would be consulted.

There are other considerations for you when you are dealing with disabilities, including how a settlement check might affect the disability benefits you rely on.

Concerns Over Disability Benefits for California Personal Injury Accident Victims

Personal injury victims with prior disabilities should also consider how money from a settlement or court judgment will affect the current disability benefits they receive.

An experienced lawyer can help victims determine the best way a settlement check can be administered to avoid canceling out the benefits they need. This particularly involves Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).

The first concern would be for anyone on SSI. It’s based on the recipient’s income. A settlement of any size might push a victim’s income beyond what qualifies for assistance. Medicaid eligibility can be lost if someone is disqualified from SSI help.

SSDI isn’t based on the recipient’s earnings, but concerns with taxes and health insurance can arise. Most aspects of a personal injury settlement amount aren’t taxed, but if you are compensated for the paychecks you miss while injured, that sum may be taxed. A settlement might also cause issues with the victim’s medicare benefits if the earnings are reported to government administrators correctly.

A skilled lawyer would examine these obstacles and find ways for the victim living with disabilities to protect the support they’ve earned. These and other solutions may help:

• Arranging for a structured settlement
• Arranging for settlement money to go into a trust
• Finding ways to spend some of the money on exempt resources within a month of receiving it. (i.e., buying a car or a house, or paying off debt)
• Placing money in an ABLE savings account

An ABLE savings account is a tax-advantaged account available to people with disabilities. It would be more likely to avoid taxation and wouldn’t usually count toward SSI income evaluation.

California Personal Injury and Disability Accident Laws

Far too often, people with disabilities must rely on modes of transportation other than driving to get to where they need to be. They also have to rely on unfocused drivers to show caution and allow them to reach their destinations safely while traveling on foot, in a wheelchair, or while using an electric cart.

(Pictured: Pedestrian Crosswalks at Figueroa Street and Avenue 52)

California considers all pedestrians “vulnerable road users.” They hold drivers to an extra “duty of care” as they travel around those on foot or those using mobility assistance.

Pedestrians using wheelchairs, knee walkers, motorized carts, or even a cane or crutches, earn special protection under California traffic statutes. According to the California DMV Driver Handbook, travelers on foot, and especially the disabled, must be shown the utmost caution. This is true in clearly marked crosswalks and anywhere a pedestrian may be crossing.

California Vehicle Code 21950: Pedestrians Have the Right-of-Way at Marked Crosswalks and Unmarked Crosswalks

Drivers should slow down when spotting a pedestrian in the street, near the street, or approaching a crosswalk. They must reduce to a safe speed that allows them to stop safely to avoid any chance of an impact.

In the case of someone crossing the road and dealing with a disability, drivers should be prepared to wait longer, even if their light turns green. Motorists shouldn’t proceed until a pedestrian has crossed over their half of the lanes completely.

California Vehicle Code 21963: The Driver’s Duty When Approaching a Blind Pedestrian

The laws are even stricter when someone with a vision impairment is involved. Drivers must look for someone with a white stick and perhaps a guide dog, and be ready to stop.

The vehicle code addresses the punishment for drivers who strike blind pedestrians to face criminal charges. They may get charged with a misdemeanor and face up to 6 months in jail and a $1,000 fine.

California Civil Code 1714: Premises Liability Slip-And-Falls on Someone’s Property

Victims with disabilities may fall on an obstacle that’s been left out by a store owner or landlord. Property owners must also watch out for hazards that other shoppers or residents create and remove those dangers before someone can be hurt.

When a person with disabilities takes a fall, it may also involve a lack of proper accessibility for shoppers, clients, and apartment renters. A wheelchair ramp may not be provided or may be in disrepair. An unmaintained stairwell could present an unnecessary challenge to those with mobility issues. If someone is hurt due to the negligence of a business or property owner, victims can seek financial help with their recoveries.

The Insurance Claims Process for California Accident Victims

1. Preparing and submitting your claim – You’ll organize and submit the evidence you have when submitting your insurance claim. When you have a lawyer, your attorney fully investigates your accident and the outlook for your disability. That evidence is combined with your own, and your lawyer submits your claim on your behalf. Maison Law can help you secure accident reconstruction data and expert witness testimony if necessary. Your lawyer also handles communications with insurers to make sure you can focus on recovery.
2. Waiting on a response to your claim – The insurance company may extend a quick offer, hoping you’ll accept a low value settlement. They could keep you waiting for a response, hoping you’ll give up on getting support. California sets limits on how long an insurer can delay your claim response. Your lawyer can deal with insurers directly and call them out if they purposely make you wait. This is an unforgivable way to treat victims who are dealing with injuries and a total upheaval of their lives.
3. If the insurer makes a settlement offer, you and your attorney would go over the offer and make sure it meets your needs now and in the years ahead. This often hinges on the expected costs of your medical bills and the time you’ll miss work.
4. Settlement negotiations – If you decide the settlement isn’t enough, your lawyer will reject it on your behalf and demand more. A skilled lawyer should have plenty of experience at the negotiation table. The lawyer’s dealings with similar cases to yours will also help in determining what an insurance company should be willing to provide. Your lawyer would demand the maximum in compensation available for you.
5. Filing a Lawsuit if Necessary — If an insurer rejects your claim and refuses to accept responsibility for a policyholder, then you have the option of taking the company to court. Your lawyer will have evidence prepared to file a lawsuit and drag the insurer before a judge and jury. However, this is fairly rare. Most personal injury cases are settled before a trial is necessary. Insurance companies try to avoid courtroom appearances because it’s costly and can damage their reputation, especially when they deny help to someone who is left with a disability. A case can be settled at any time in the lawsuit process, even during a trial.
6. A settlement check or trial award – If your case is successful, you’d receive a settlement check or judgment after a trial.
7. Paying an Attorney – Personal injury lawyers usually work on a contingency basis. It means they take on cases without any upfront pay. This is especially important for people coping with a disability and living on a limited income. Their money may be eaten up by their treatment and living expenses. However, they can still afford great legal representation. Maison Law would only accept payment if your case is won. If successful, the lawyer’s fee would come out of the settlement money you were awarded.

Insurance Tactics to Avoid for Disabled Victims Struck by a Driver

Personal injury accident victims have to fight to recover, and they also often face a fight to make those at fault accept financial accountability. That usually means a battle with an unhelpful insurance company representing those at fault.

There are many tactics that car insurance adjusters turn to when looking to save their companies money. Unfortunately, some of the tactics can be especially punishing to disabled victims when they aren’t ready for them.

The tactics are meant to wear down the resolve of victims, so they are willing to accept much less than they’ll need in a settlement agreement.

Watch out for these shady insurance practices:

• Asking for a recorded statement. Insurers will call you asking how you’re doing. They may even ask you about your disability, but checking on your health isn’t their true goal. They’ll ask you to make a recorded statement about what happened in your accident. You should politely decline and only offer basic information. Insurers hope to record you saying something they can twist to attack your injury claim later. Don’t give them the chance. Refer them to your attorney. Your attorney will handle all further communications, giving you time to focus on healing.
• Questioning Your Injury. Insurers will often try to downplay your injury or its effects on your disability. This is done simply to get away with offering you less in a settlement. They may even find a doctor who will claim that your injuries are all due to your existing disability and weren’t caused by the recent accident. You’ll need a lawyer who works with medical experts to build a strong case for you. You’ll want a lawyer who has experience taking on large insurance companies and their shady practices.
• A Quick Settlement Offer. In some cases, insurance adjusters will respond quickly and offer you a settlement immediately. Beware. Insurance companies are usually just wanting to get you out the door quickly, before the true cost of your recovery, perhaps over months, becomes known. They make you a “lowball” offer that only covers your first night in the emergency room. But what happens if you require physical therapy or surgery to fully recover? These costs likely won’t be covered if you settle immediately. The future medical bills will become your and your family’s burden. Always have a skilled California Disabled Victim Accident Lawyer check over any quick settlement offer.
• Delaying a response. In other cases, insurers are slow to react. It’s part of the plan. Insurance adjusters are good at wearing you down by delaying their response to your accident claim. The longer they wait to let you know what they think of your case, the more worried you get about medical invoices and other bills that begin to pile up. You may have to skip mortgage payments and car payments while you can’t work. Once you are at the end of your rope, an insurer can offer you a “lowball” settlement offer.

Frequently Asked Questions

How long do I have to file an accident injury claim in California?

24 months. You have two years from the date of your accident to file an injury claim. In some cases, the two-year countdown may start from the day you find out your injury or that a disability has worsened.

What if I can’t afford to pay a disability injury accident lawyer?

You can still get quality legal representation. Maison Law works on a contingency fee. It means we don’t get paid unless we win your case. Then our fee comes out of the accident settlement check you are awarded.

Should I talk to the at-fault party’s insurance company?

Don’t offer a recorded statement. Only provide basic information. Insurance companies will try to get you to make a statement about what happened and perhaps reveal information about an existing disability. Refer them to your attorney. Insurance adjusters call you, hoping you will say something on the record that they can twist to attack your case later.

Contact a California Disability Injury Accident Lawyer

Accident victims and their families should be supported through recovery, but, unfortunately, fair and compassionate treatment isn’t guaranteed. Instead of supporting you, insurance companies work harder to try to limit the amount of help you receive.

That’s unacceptable if you are left with a permanent disability or have an existing disability that’s been made worse. Insurers need to provide full coverage on medical care and other hardships for as long as necessary.

Contact Maison Law for a free and confidential case evaluation to find out what your injury is really worth and how to hold insurers 100% liable.