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Some car accident injuries heal quickly. Others don’t. When a collision leaves you with a permanent impairment, the stakes of your personal injury claim are fundamentally different from a case involving a short period of recovery.
New Hampshire law allows injured victims to pursue compensation that reflects the full long-term impact of permanent injuries. See Bennett v. Lembo, 145 N.H. 276, 281 (2000). However, building that kind of claim requires a different level of documentation and legal strategy than a standard injury case.
What Counts as a Permanent Injury
Permanent injuries are those that result in lasting impairment that won’t fully resolve with treatment. To be considered “permanent impairment,” the injury does not need to be fully disabling. For example, if you suffer a broken leg that requires insertion of hardware as part of surgery, you may have decreased mobility or range of motion as a result. This “decrease” in functionality – if expected to last indefinitely – constitutes a “permanent injury” under the law.
Common examples of permanent injuries in car accident cases include:
- Traumatic brain injuries with lasting cognitive or neurological effects
- Injuries requiring surgery that result in indefinite physical limitations
- Spinal cord injuries resulting in partial or full paralysis
- Chronic pain conditions that persist despite ongoing treatment
- Loss of limb or permanent loss of function in a body part
- Permanent scarring or disfigurement
- Severe joint damage requiring ongoing management or replacement
The permanence of an injury doesn’t always show up immediately. Some conditions stabilize over months or years. To determine the precise scope of permanent impairment, most clients need to reach what doctors call “maximum medical improvement” – that is, the point where medical treatment (such as physical therapy) is no longer resulting in measurable improvement to your condition.
How Permanent Injuries Affect Compensation
A permanent injury claim looks different from a standard car accident claim in several meaningful ways.
Future Medical Expenses
Ongoing treatment, medication, physical therapy, assistive devices, and potential future surgeries all have to be projected and documented. For serious injuries, life care planners may need to be retained to build a comprehensive picture of what your medical needs will cost over your lifetime. That projection becomes part of your damages claim.
Lost Earning Capacity
If your injuries affect your ability to work at the same level as before the accident, you can pursue damages for diminished earning capacity going forward. This is different from lost wages for time already missed. An economist can calculate the difference between what you would have earned over your working life and what you’re now capable of earning given your impairment.
Pain and Suffering
Permanent physical pain, emotional distress, and loss of enjoyment of life are all non-economic damages that carry significant weight in permanent injury cases. New Hampshire doesn’t cap these damages in standard negligence cases, which means serious permanent impairments can support substantial non-economic awards.
Loss of Consortium
If your injuries have affected your relationship with a spouse, your partner may have a separate claim for loss of companionship and support. It’s worth discussing with your attorney whether this applies to your situation.
The Role of Medical Documentation
Documentation is critical to a claim of permanent injury. Your treating physicians need to clearly establish the nature of your impairment, its permanence, and its impact on your daily function and quality of life. Inconsistent medical records, gaps in treatment, or vague physician opinions about prognosis can significantly undermine the value of a permanent injury claim.
Independent medical examinations ordered by the insurance company are common in personal injury cases involving permanent impairment. The insurer’s hired physician often produces conclusions that minimize the severity or permanence of your injuries. Having your own treating doctors and potentially your own independent experts provides a counterpoint to those findings.
Why These Cases Take Longer
Permanent injury claims typically take longer to resolve than standard car accident cases, and for good reason. Settling too early, before the full extent of your impairment is understood and documented, means accepting compensation that doesn’t account for years of future costs and losses.
A Manchester car accident lawyer can advise you on timing, help you understand when your medical situation has stabilized enough to accurately value the claim, and make sure you don’t settle before you have a complete picture of what you’re entitled to pursue.
Getting the Right Help for a Serious Claim
Welts, White, & Fontaine, P.C. has represented seriously injured New Hampshire drivers for decades, including clients whose injuries changed the trajectory of their lives permanently. Building the kind of comprehensive claim that reflects long-term losses requires experience, the right experts, and a willingness to take the time necessary to do it right.
If you’re dealing with lasting injuries after a car accident and want to understand what your claim is actually worth, speaking with a Manchester car accident lawyer is a practical and important first step.