Compensation for Permanent Injuries From a Car Accident

Feb 28, 2025 - Car Accidents by Cross & Smith

According to statistics from the National Safety Council, a nonprofit organization that works to prevent accidents, injuries, and deaths on the roadways of the United States, there are, on average, more than 36,000 motor vehicle accidents every day.  That’s over 13 million annually. While many accidents are minor in nature and don’t cause injuries that require medical attention, in more than 1 out of 4 car accidents, someone ends up in the emergency room. 

In general, auto accident injuries stem from two types of incidents:

• Impact with something, which can be the interior of the vehicle, but in many cases, it is the ground or some other stationary object
• Penetration by a foreign object, such as glass, metal, or debris

Research shows that approximately 10% of people who are injured in car accidents suffer permanent damage. This can include catastrophic injuries such as traumatic brain injuries and spinal cord damage and soft tissue injuries such as whiplash. What are your legal rights if you’re permanently injured?

Elements of a Personal Injury Automobile Accident Lawsuit

If you are injured in a car accident and decide to file a personal injury lawsuit, you will only prevail if you can prove the following four things:

• The at-fault party owed you a duty of care;
• The duty of care was breached;
• The breach was the proximate cause of your injuries;
• Your injuries are compensable.

How do you prove these four elements? As to the first element – that the other driver owed you a duty of care – it is well established in Alabama and other states that drivers have a duty of care to others to drive in a non-negligent manner and to follow all rules and regulations of the road. Thus, in most cases, this is not a difficult element to prove.

To show that the duty was breached, you must establish negligent behavior, such as driving under the influence, distracted driving, or failing to follow traffic signs. 

To prove that the negligence was the cause of your injuries, you must show that but for the at-fault driver’s negligence, you would not have been injured. However, note that Alabama has a very strict contributory negligence standard. If you have contributed at all to your injuries, then you will be barred from recovering compensation from the other driver.

Finally, to prove that your injuries are compensable, you have to show that your injuries are not de minimis. If you’ve incurred medical or other out-of-pocket expenses or been unable to work and, therefore, have lost wages, you’ll likely be able to prove this element of the case.

Compensation For Permanent Damage

If you have suffered permanent damage, it’s critical to be able to thoroughly evaluate the damages that you are owed. A Tuscaloosa car accident attorney can help you navigate through this area of the law. There are three categories of damages – economic damages, noneconomic damages, and punitive damages.

Economic Damages – If you can prove your case, you are entitled to economic damages, which include your medical expenses, rehabilitation expenses, nursing care, costs of pharmaceuticals, and other out-of-pocket expenses. Lost wages are another category of economic damages to which you are entitled to receive compensation. In the case of permanent damage resulting from your injury, you and your Tuscaloosa car accident attorney will need to work together to figure out how you will be affected going forward. Projecting these numbers can be difficult, as it is not always possible to know with certainty how the costs of medical care and drugs will increase over your lifetime. Similarly, lost wages can also be difficult to project forward over the term of your life. Your attorney will help you quantify lost wages as well as a loss of earning capacity if your permanent injuries require you to either stop working or take a job that offers less compensation due to your physical or mental limitations from the accident.

Non-Economic Damages – If you win your lawsuit, you are entitled to non-economic damages related to your pain and suffering. You and your attorney will work together to put a dollar value on the level of physical pain, discomfort, and emotional distress caused by the injury. If you’ve suffered visible scarring or disfigurement, your attorney will include compensation for the psychological impact. You will also need to evaluate how your injury limits or restricts your ability now and in the future to participate in activities you previously enjoyed. 

Punitive Damages – While punitive damages aren’t awarded often in Alabama, they can be given to a plaintiff in the case of behavior that is extremely negligent or malicious.

While there are no definitive charts or matrices to directly calculate compensation for permanent car accident damage, the most widely used tool for evaluating permanent impairment is the American Medical Association’s (“AMA”) “AMA Guides to the Evaluation of Permanent Impairment”. These guides provide a standardized system for doctors to assess the degree of permanent functional loss based on specific injuries, and are often used in legal proceedings to determine compensation amounts. While the AMA guides provide a framework, there is no set formula for calculating compensation. Each case is unique and subject to negotiation by the parties.

Contact Cross & Smith, LLC if You’ve Suffered Permanent Injuries From a Car Accident

While many people are involved in fender-bender accidents that cause minimal property damage and no personal harm, for those who are involved in serious car accidents, there is frequently a long road ahead. For some, they will be permanently disabled and unable to work. Others may be able to work, but at a reduced level, and therefore suffer reduced wages. Many people will live their lives with a diminished ability to walk, participate in the activities they love, or enjoy personal relationships in a way they did before their accident. 

At Cross & Smith, LLC, we have many years of experience helping people who have suffered permanent injuries from car accidents get the compensation they deserve. Contact us today for a free consultation.