What Veterans Should Know About Personal Injury Claims After an Accidents

Wherever you go in the United States, you’re likely to encounter a veteran. Indeed, more than 17 million individuals have veteran status. But for veterans who receive VA benefits, have service-connected disabilities, or get medical care through the VA, a personal injury claim can come with some additional considerations. One of the most surprising and lesser-known is the legal issues veterans face after getting hurt in an accident.

Veterans generally have the same right to pursue compensation after an accident as anyone else, but certain VA benefits and service-connected conditions can add considerations to a claim. Consequently, when they try to file a personal injury case against another party, they have to keep some unique factors in mind. Failing to account for those factors could complicate the claim or create questions about certain VA benefits.

To better understand the nuances of being a veteran who’s been injured in a car crash, consider the following items. Each can add another consideration to an already complicated personal injury claim.

As California personal injury firm DK Law explains, settlements are standard lump sums received by those who have been hurt by another party in an accident. However, the exact amount of the settlement could trigger a change in the recipient’s VA pension benefits. Because certain personal injury settlement proceeds can count as income for VA pension purposes, a settlement may reduce or eliminate pension eligibility for a period of time. If that results in an overpayment, the veteran may be required to repay some of the pension benefits received.

There are multiple ways for lawyers to determine if a settlement will affect a veteran’s income from the government. But it’s more difficult for an injured veteran to figure out what to do alone. Many veterans are unaware that just by accepting what seems to be a fair settlement offer, they could end up receiving a reduced pension in the future.

According to Statista reporting, around one third of all veterans live with some kind of disability. After being in an accident that causes physical damage, those individuals may end up worsening their existing conditions. Unfortunately, it can be difficult to compel insurance carriers to increase their compensation in that situation without getting legal assistance.

A lawyer who deals with injured veterans will immediately look into the veteran’s history of injuries. Additionally, the lawyer will check to see if the veteran is already receiving VA disability benefits. Those benefits could be affected by an accident, or they could even be started after a crash occurs.

For instance, a veteran who gets hurt in an accident may qualify for VA benefits if the accident happened while the veteran was on active duty. In that case, the veteran could potentially receive both a settlement for the personal injury at a civilian level and be able to begin getting disability benefits. But it’s not always easy for an individual (especially one who’s been hurt) to figure out how to make it all work. A lawyer can gather the paperwork and document all the pre-existing and new injury connections so the veteran has a tighter case.

Getting any kind of compensation is much harder for a veteran who claims to have been injured in an accident but who doesn’t keep up with medical appointments. Even if it can be difficult for the veteran to gain access to a VA hospital or clinic, he or she must continue with appointments.

What happens if a veteran discontinues going to a doctor, doesn’t take prescribed medicine, or stops showing up for physical therapy? The claim that the veteran was actually hurt in the accident will have less weight. And that means the veteran will be unlikely to get as much in compensation as he or she is rightfully owed.

Veterans may feel that they want to “tough it out” or go to as few appointments as they can. However, skipping medical care while trying to work through a personal injury case could have serious monetary repercussions.

It’s enough of a challenge to experience a crash that leaves you with acute and maybe chronic injuries. Yet the challenge can be multiplied if you’re a veteran unless you seek out assistance from professionals accustomed to helping veterans going through a personal injury case.