If you are severely injured in an accident, seeking medical treatment is the first right thing to do. The medical procedures are central to your decision-making and not the costs. After is when you assess how much might change.
But, if you have sustained severe injuries from a crash and cannot work, you may be entitled to income replacement benefits. The extent of the personal damage and the resulting income loss is used to determine your eligibility.
These benefits are provided for in the Tennessee law, which every insurance policy provider must offer in their auto policy. These benefits have shown a significant financial reprieve to many accident victims whose injuries limited their productivity or prevented them from working.
The disability may be from psychological, mental, or physical harm from the crash. And, our team understands the impact of being denied the social security disability claim, especially when it was the only source of income. In many cases, the claims are denied even when the applicant is entitled to the benefits. Many abandon the process when denied instead of lodging an appeal. But, an experienced social security attorney will employ all the resources needed to get the benefits for the client.
In this article, our legal team gets into the details of these benefits.
1. Time Limits For Lawsuits
In the statute of limitations of the Tennessee state, there are set limits within when one should file a case in court after an injury or an accident. Specifically, from the date of the accident, you have one year to have the lawsuit filed. If the case is not filed within this timeframe, the court may refuse to hear the case. Therefore, it is vital to be up to date with Tennessee’s statute of limitations.
2. Shared Fault
In many cases, when the injured individual files an insurance claim or a lawsuit, the defendant often argues that the injured person was at fault, or at least partially. The above can change the dynamics of the case if not handled with expertise.
When a court decides that the injured person was partially at fault and led to the injury, a modified special rule of comparative fault is applied. This may significantly reduce the damages awarded to the injured person. In some cases, it may eliminate the possibility of compensation.
To offer an example of the comparative fault rule, suppose you are at the red light, sitting, and another driver rear-ends your car. Coincidentally, one of the brake lights on your vehicle was not in good condition. The court may arrive at the determination that you carry 20% of the blame and the other driver is 80% at fault. This fault rule then calculates the awarded damages.
3. How Do I Apply for Social Security Disability?
Applying for social security disability (SSD) benefits should be as soon as you become disabled. This can be done online or by booking an appointment with a representative from the Social Security Administration. The representative takes you through the paperwork needed to file the claim and determine if you’re eligible under the Social Security Administration requirements. It is highly encouraged to seek the services of a knowledgeable social security disability attorney in Sevierville right from the beginning of the process. An attorney will help you gather all the details and documents needed to submit a successful claim.
4. How Much Am I Likely To Receive?
In permanent partial disability, one is entitled to 66% of their gross weekly income, which is subject to the severity of the injury and the body part affected. Also, the exact figure might come down to the employment history before the accident.
In permanent total disability, the benefits continue until the injured person is eligible for the retirement benefits. Suppose you were employed before the accident; either of the following approaches will calculate your benefits:
- The 52-week gross income before the accident or
- The gross income four weeks before the accident multiplied by 13.
Also, if you are getting income replacement benefits from other sources, your benefit may significantly reduce. A second insurance policy or assistance from the employer are some other sources of income replacement benefits.
5. Can I Increase My Limit?
It is possible to increase the limit but only before the accident. Put, if you’re making $500 a week, you could agree with your policy provider to increase your coverage for the income replacement benefits. The additional coverage limit could go to $600 or $800 instead of the $500.
6. How Long Are The Benefits?
Up to 104 weeks after the accident, the benefits are payable with much ease in temporary and partial disability. It would be best if you can prove your inability to work after the injuries. After 104 weeks (2 years), qualifying for the benefits gets more challenging as the criteria change.
After two years, the injured person must prove beyond reasonable doubt that the injuries have made them unable to get any gainful employment by education, experience, or training. Also, the insurer may go an extra step or request a medical report on whether the injured person meets all the disability requirements.
7. Information Needed to Apply For the Benefits
Within seven days of the accident, you must inform your insurer of the facts and the injuries. Additionally, you must fill out the initial application for the benefits within a set timeframe of 30 days from the crash date to qualify for the income replacement benefits.
Also, it would help if you submit the forms below:
- Employer confirmation form regarding your weekly income and any other compensation.
- Disability report detailing how the injuries prevent you from working.
An experienced attorney will help you navigate the process by helping you understand all the options available to you and what best serves your interests. They fight for your rights in case the insurer refuses to pay out the income compensation benefits. Getting an experienced attorney that has managed to recover millions of dollars for their clients is vital in pursuing your benefits. They understand all the tricks of the insurance agents and know-how to counter-arguments from the defendant.