While the definition of a serious injury is fairly broad, it generally refers to an injury that causes permanent disfigurement or severe impairment of bodily function. There is a little more to it, though, which our Denver car accident lawyers explore below.
What are serious car accident injuries?
First, let’s establish what a serious injury is and what it’s not. The U.S. Department of Transportation notes that a serious injury involves one of the following:
- Severe burns covering at least 10% of the body
- Deep cuts with heavy bleeding that expose muscle, bone, or significant tissue
- Fractured or visibly deformed limbs
- Serious head, chest, or abdominal injuries beyond minor cuts and bruises
- Trauma caused by crushing forces
- Loss of consciousness at the accident scene
- Loss of movement or sensation (paralysis)
Recovery from a serious injury can take months and may involve painful medical procedures, like skin grafts, or multiple surgeries, with no guarantee that even after the treatments and physical therapy are completed, you’ll be the same as you were before the accident.
Many people require a stay in a skilled nursing facility to help them recover, while others may be incapable of living independently and require in-home caregiver services around the clock. The cost of medical care can quickly reach tens or even hundreds of thousands of dollars.
Permanent disfigurement is common with serious injuries
According to the United States Code (USC), permanent disfigurement precludes the victim from engaging in gainful employment. The USC defines permanent disfigurement as one that leaves the victim’s body permanently and visibly damaged, even after the person has reached Maximum Medical Improvement, or the point at which no further curative treatment will result in a positive change in their condition.
Permanent disfiguring injuries can include:
- Contortions
- Amputation
- Extensive scarring
The visible scarring, change in appearance, and impacted physical abilities often cause the victim’s mental health to suffer. You may no longer be able to do things you once loved, from reading a book to hiking and anything in between. And, if your disability is severe enough, your independence is curtailed, too.
Colorado tort laws acknowledge the unseen impact of serious injuries on car accident victims and so permit them to seek compensation for intangible losses, like pain and suffering and emotional trauma, in addition to compensation for their material losses.
Seeking compensatory damages for serious injuries in Colorado
When your car accident attorney values your claim, they consider the out-of-pocket expenses and financial losses you suffered, including all necessary medical care, modifications to your home or vehicle to accommodate your new disability, and all lost wages from the time you missed at work to heal from your injuries.
You’re also entitled to compensation for your loss of earning potential. Many people who suffered serious car accident injuries may not be able to go back to the same job they had before the wreck. Maybe your job is an active one, and you can’t complete all your required duties from a wheelchair, even with modifications from your employer. Or, perhaps you suffered a moderate to severe Traumatic Brain Injury (TBI) and are no longer mentally competent to perform your job duties.
The difference between what you could have earned had you not been injured and what you can earn now (if you’re even able to work) could be substantial. The loss is even greater when you consider potential retirement contributions you can no longer make or a pension to which you may no longer be entitled.
Your attorney may work with a vocational expert to determine the full amount of your loss in earning potential.
Legal help recovering full compensation in serious car injury claims
Because car accident claims involving serious injuries are often high-value, insurance companies will try any tricks to reduce the value of your losses, if it doesn’t deny your claim outright. The experienced car accident attorneys at Zara Injury Law can help you get the compensation you deserve. Contact us at (866) 823-8288 for a free consultation.