Permanent Injury From a Baltimore Car Accident? How Can You Protect Your Future?
Permanent Injury From a Baltimore Car Accident? How Can You Protect Your Future? If you have been involved in a serious accident or injury causing event, perhaps the single most consuming question you have it what will happen to you, to your family, down the line. Baltimore law provides compensation for future lost earnings, and future medical expenses. I get the question often from those suffering a permanent injury from a Baltimore Car Accident: “How Can I Protect My Future?”. You can. I do everyday. However, such compensation is far from automatic and is difficult to demonstrate. You Must Protect Your Family By Acting Now to Document and Prove What is Likely to Happen in the Future.
Its a difficult task: to convincingly prove future consequences today. Maryland personal injury claims are not claims that can be modified “reopened” or revisited at some future point. They are singular events that are determined and resolved, by settlement or verdict- one time only. All claims that the injured person has against the at-fault parties must be addressed in that resolution, or they will be lost forever. If you wish to recover future lost wages, or future lost earning potential, you must marshal your proof, and present it as part of your claim. You will likely need expert medical, and potentially economic, or vocational opinions to support your claim. If you do not make such claims before the case is settled or tried, or fail to present sufficient proof to prevail on those claims, you cannot bring these claims later.
Permanent Injury From a Baltimore Car Accident? How Can You Know?
I have seen over the course of 30 years handling these types of Baltimore injury and accident cases, when physicians consider an injury “permanent,” if there are legal implications involved, they may be generally referring to a physical or mental impairment that has reached a state of Maximum Medical Improvement (MMI) and is not expected to significantly improve further, even with additional treatment. It is a plateau. It signifies that the injury will have a lasting, indefinite effect on a person’s life, impacting their employment, daily activities, and overall quality of life.
Maximum Medical Improvement (MMI): This is the cornerstone of determining permanency, at least in the “medico-legal arena. In a Baltimore personal Injury case, MMI generally means that the patient’s condition has stabilized, and their treating physician believes that no further significant recovery or improvement is anticipated from medical treatment, therapy, or rehabilitation. It doesn’t mean the patient is completely free of symptoms or fully recovered, but rather that their healing process has plateaued. It also does no mean they do not need “palliative” care. Here are some factors routinely examine in assessing if the injury victim can expect permanent problems.
How To See if Your Injury Will Be Considered Permanent:
- #1 Quantify Functional Limitations: These limitations can manifest in various ways, including:
Loss of range of motion: Difficulty moving a joint through its full arc.
Loss of strength: Weakness in a muscle group or limb.
Chronic pain: Persistent pain that does not resolve.
Sensory loss: Impaired vision, hearing, touch, or other senses.
Cognitive deficits: Problems with memory, concentration, problem-solving, or executive function, often associated with traumatic brain injuries. - #2 Quantify Psychological impairments:
Conditions like severe PTSD, chronic depression, or anxiety that significantly impact daily life and are resistant to treatment.
- #3 Screen for Disfigurement:
Permanent scarring, burns, or changes to appearance that affect function or quality of life.
- #4 Document Loss of a body part:
Amputations of limbs, fingers, toes, or loss of internal organs.
- #5 Assess and Record Impact on Activities of Daily Living (ADLs) and Work Capacity:
Physicians assess how the enduring limitations affect a person’s ability to perform routine daily tasks (such as bathing, dressing, eating) and their capacity to work.
- #6 Collect and Catalog Objective Medical Evidence:
The determination of permanency is based on thorough medical evaluations and objective evidence, which may include:Detailed medical history and physical examinations: Documenting the injury, treatment, and ongoing symptoms.
Diagnostic imaging: X-rays, MRIs, CT scans that show structural damage.
Neurological testing: To assess nerve function and brain activity.
Functional capacity evaluations (FCEs): Standardized tests performed by physical or occupational therapists to measure a person’s ability to perform various work-related tasks.
Specialized evaluations: Such as neuropsychological assessments for brain injuries or psychiatric evaluations for mental health conditions.
Expert witness testimony: In legal contexts, physicians may provide expert opinions on the permanency and extent of impairment. - #7 Consult Impairment Guides:
Many jurisdictions, including Maryland, and insurance systems, rely on standardized guides, most notably the American Medical Association’s (AMA) Guides to the Evaluation of Permanent Impairment. These guides provide a structured framework and criteria for physicians to rate the percentage of whole person impairment based on specific medical findings and functional limitations. While these guides offer a consistent method, the ultimate determination of permanency often combines these ratings with a physician’s clinical judgment and consideration of the individual’s overall impact.
For more on future medical expenses, visit:
If I Settle My Personal Injury Case Will My Future Medical Care Be Covered By The Other Party’s Insurance?
For more on future lost wages, visit:
Can I Recover Past or Future Lost Wages/Income in a Personal Injury Case?
For more on lost earning potential, visit:
I Lost My Job Because Of This Accident. Can I Recover My Lost Wages?
Permanent Injury From a Baltimore Car Accident? Can You Protect Your Future? Luckily, most people involved in Maryland automobile accidents make a full recovery, and are able to resume their lives fully, or fairly fully. Some unfortunate accident victims do have consequences that last, but are still able to do the things they did before, with some difficulty.
Those most tragic of personal injury cases are those in which the individual does not fully recover, but requires long term care, even years after trial, or cannot return to their prior job. These individuals are required by Maryland personal injury law to act quickly, and document and prove such future losses with certainty, years in advance. Future lost wage or future medical claims can be nuanced and complex. Future medical claims, by definition, require medical evidence in the form of an opinion from a physician. Future economic-based claims may likewise require the opinions of an economist or vocational specialist. Gathering the appropriate evidence and proof, and presenting it at the necessary time is a daunting task.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
- Legal Analysis & Case Studies
- Baltimore Insurance Claims Denial Lawyer
For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
