If you are suffering from long-term injuries or illnesses, West Virginia law gives you several options to help you seek compensation for your hardships. If another party is determined to be at fault for your disability, they may be forced to compensate you for the economic and non-economic damages you have endured.
Depending on which option you pursue during your fight for justice, the compensation you receive can assist you with long-term medical treatments, accessibility devices (like wheelchairs and specialized motor vehicles), lost wages, mental anguish, and more.
We Will Handle Your Case While You Focus on Your Health
When you are dealing with a serious injury like this, you may find it difficult to balance your recovery process with your legal battle. Thankfully, our long-term disability lawyers in Huntington can be there to handle your case while you focus on regaining your health and rebuilding your life.
After we take a closer look at your case and your long-term goals, we can help you understand what legal options best suit your specific set of needs.
For a free legal consultation with a long term disability lawyer serving Huntington, call (972) 535-6377
Our Long-Term Disability Lawyers Will Fight Hard for You
Long-term disabilities are not to be taken lightly. Our attorneys aim to get your case right the first time so you do not have to scramble and look for secondary options just to make ends meet during your time of need.
During our decades of legal service in the state of West Virginia, our attorneys have dedicated countless hours to the field of personal injury law. Additionally, our law firm has dealt with numerous workers’ compensation cases, veterans’ VA disability claims, and social security disability insurance (SSDI) claims.
So, what does that mean for you? That means we can offer a large gallery of legal services that coincide with your specific short-term and long-term goals.
Services We Offer
We are proud to offer specialized legal services in numerous fields of law, which include, but are not limited to:
- Helping you file claims appeals after unjust denials
- Gathering medical testimony to help support your diagnosis
- Working to identify the individuals who caused your accident
- Researching the specific laws that apply to your circumstances
- Negotiating settlements and dealing with claims adjusters
- Civil litigation
- Protecting you from unjust allegations inside and outside of the courtroom
- Translating your damages to financial values and adding them to your case value
Huntington Long Term Disability Lawyer Near Me (972) 535-6377
Types of Compensation You May Be Eligible for
If you decide to file a lawsuit against the individuals who caused your accident, West Virginia law allows you to seek economic and non-economic damages to help you recover from your traumatic accident.
More specifically, these recoverable damages may include unique losses like:
- Lost wages
- Inability to earn an income in your previous profession due to ongoing ailments
- General pain and suffering
- Permanent disability assistance
- Medical expenses (including long-term rehabilitation services)
- Property damage
- Mental anguish
- Vocational training programs
- Loss of consortium
Many of these losses may also be covered if you decide to file an insurance claim after an accident. It just depends on the circumstances surrounding your accident and what type of insurance coverage you qualify for. Among our many other legal services, our attorneys can review your insurance policies and help you make a more educated decision moving forward.
Seeking Long-Term Disability Benefits with Workers’ Compensation
If you have been injured in a work-related accident, and your injuries are severe enough, you may qualify for long-term disability benefits. There are two general categories for individuals who are seeking benefits for permanent disabilities: permanent total disability (PTD) and permanent partial disability (PPD).
Regardless of which type of workers’ comp benefits you are seeking, the West Virginia Office of the Insurance Commissioner states that you are entitled to 66.66% of your average weekly earnings. These benefits are capped out at the average amount of weekly earnings for the entire state, which is subject to change year by year.
If you only qualify for short-term disability benefits, your benefits can continue for a maximum of 104 weeks. However, if your injuries are permanent, your benefits may not be subject to an expiration date.
Eligibility for Benefits Can Change
As we previously discussed, the exact benefits you are eligible for may change on a yearly basis. For claims filed after July 1, 2020, the maximum amount of weekly benefits for temporary total disability (TTD), PTD, or fatal disability payments is $885.32 or $126.47 per day. If you are seeking PPD benefits, the maximum amount of benefits you can receive is $619.72 or $88.53 per day.
If you feel like these benefits will not cover the full scope of your losses, you may be entitled to bring a lawsuit against the individuals who caused your long-term disabilities. However, this process can be tricky, especially if you are trying to file a lawsuit against your employer.
Our attorneys can help you understand whether your case qualifies for a lawsuit so you do not waste any of your valuable time moving forward. Additionally, we can help you with the appeals process if your workers’ compensation claim has already been denied.
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The Statute of Limitations in West Virginia
Lastly, we want you to keep in mind that some legal options are subject to strict statutes of limitations.
For example, if you wish to file a lawsuit to help you recover damages related to your long-term disability, WV Code §55-2-12 requires you to file your case within two years of the injury in question. In other circumstances, you must act even faster if you wish to retain your right to compensation.
Call Today for Your Free Consultation with One of Our Skilled Attorneys
To learn more about fighting for your right to compensation while dealing with a long-term disability, contact an Underwood Law Office team member today to get started with your free consultation.