Personal injury law and social security disability law are two separate areas of practice that both involve a person’s medical condition. Many attorneys who take cases in one area also take cases in the other. This article will discuss some of the basics in these two areas of practice.
Understanding Personal Injury Law
Personal injury law focuses on how another person’s negligence caused injury to a client. A common example of a personal injury case would be a rear-end car accident where the person who was hit from behind is suing the person who hit them for damages. The person who was not at fault (or plaintiff) can file a claim asking for payment of medical bills, lost wages, and other expenses that can be easily calculated. These are known as special damages. The plaintiff can also ask for what are called general damages, or compensation for damages that are harder to calculate, such as for pain and suffering and for diminished future quality of life. In some cases, a plaintiff’s spouse may also be entitled to damages. Law firms like The Lucky Law Firm assist clients in both personal injury and social security disability cases, as well as other matters.
Understanding Social Security Disability
Social security disability is a form of payment by the government for those who are unable to work due to disability and have paid into the social security system via taxes for a required number of years prior to the onset of the disability. In a social security case, the person assigned to the claim will review the claimant’s medical records to determine if that person is truly unable to work, either temporarily or permanently, due to their disability. Both physical and mental disabilities may qualify a person to receive social security disability payments, if it is determined that the person will most likely be unable to work for at least the next twelve months. After a social security disability claim is approved, then the claimant will receive back pay from the Social Security Administration back to the time they became disabled. Many claims are denied after the first application and approved after an appeal hearing.
These two areas of the law differ in some ways, but for attorneys, both require careful reading of a client’s medical records. Medical records are one of the main types of evidence that can be presented in these types of cases. It is important for anyone who is considering filing a claim for disability or personal injury to seek medical care, because medical records may be used at a hearing or trial to prove the claim.
This article is from Lizzie Weakley, a freelance writer from Columbus, Ohio. She went to college at The Ohio State University where she studied communications. She enjoys the outdoors and long walks in the park with her three-year-old husky Snowball.