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Permanent Total Disability

Definition - What does Permanent Total Disability mean?

Permanent total disability is any injury caused by an accident or negligence which has left the individual permanently and totally disabled and unable to return to their previous employment or perform any substantial gainful activity due to their physical or mental health condition. The condition must also be considered permanent, although some benefits such as Social Security Disability Insurance (SSDI) may be granted to claimant's whose condition is expected to last for at least 12 continuous months.

How much will I be paid for my permanent total disability?

The value of your permanent total disability will depend on how you were injured. For instance, if you are injured while performing your normal job duties you may qualify for workers' compensation benefits.

Although state laws vary, a typical workers' compensation payout for a permanent and total disability payment is two-thirds of the average weekly wage at the time of the injury. Injured workers are also entitled to paid medical benefits. Wage compensation and medical benefits may continue for the life of the worker.

What if you are permanently and totally injured in a medical malpractice claim?

Compensation will differ by case, but if you win your case you can expect to receive paid medical expenses, lost wage compensation, compensation for your loss of earning capacity, payment for loss of consortium, and payment for pain and suffering.

Other benefits such as Social Security Disability Insurance (SSDI) may also be available to certain workers who are permanently and totally disabled and unable to return to work. These benefits are offered by the Federal Government, and in many cases, may be paid in addition to compensation awarded in a medical malpractice claim or workers' compensation claim. SSDI benefits may be offset, however, if the worker is receiving other benefits such as workers' compensation.

Permanent Total Disability and Medical Malpractice Lawyers

Although some injury claims can be settled without legal help, if you have a permanent total disability it is critical to discuss your case with an injury lawyer prior to accepting any type of settlement offer. Injury lawyers understand how much your claim is worth and have experience negotiating fair settlement offers for permanent and total disabilities.

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