Loss of Autonomy Post-Injury: Recovering Damages for a Little-Known Tort
For the most part, personal injury claims usually compensate injured individuals for concrete damages such as the cost of medical care, lost wages, rehabilitation costs, the cost of retrofitting their homes if they suffered a disabling injury so they can move around, as well as quantifiable pain and suffering. However, physical pain and the resultant suffering aren’t usually the entire picture, and oftentimes, a more subtle yet major form of loss should also be considered as compensable, given the importance of personal agency in all our lives.
Known as loss of autonomy, this refers to one’s ability to make their own decisions, control the trajectory of their lives as well as navigate our world in an independent manner, this tort takes into account a psychological wound that is far-reaching and must be recognized and consequently compensated.
At McCready Law, understand that all injured individuals coming to us must be taken as is and that sophisticated legal strategies must be used in order to prove lost autonomy, and we are prepared to document the unseen impact of your injury in order to ensure your story is not only told in its entirety, but that you are compensated comprehensively for your injuries as a client – read on to find out how we do this.
Are you looking for the best personal injury lawyer? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced injury lawyers at McCready Law have over 90 YEARS of combined legal experience, where we’ve represented tens of thousands of injured Americans from all walks of life and from every corner of the country to recover compensation after getting injured by the negligent actions of other individuals and large corporations.
Over the decades, we’ve been able to recover over $260 million for our clients, with many of these settlements or judgments running into the tens of thousands or hundreds of thousands of dollars. There are various reasons why we’ve been so successful at what we do, and the first one is our personal handling of all claims – by contrast, many law firms simply shunt files over to paralegals or legal assistants who may not have a full understanding of the law or lack trial experience.
In addition, we work closely with a team of experts such as expert witnesses, forensic professionals, physicians, accident reconstruction experts, and investigators to make sure that we cover every angle of the claim to ensure the abundance of unassailable evidence. In addition, we run a bilingual firm (hablamos Español), and we have nationwide reach thanks to our vast network of referral attorneys and law firms.
Lastly, all cases are handled on a contingency fee basis, and what this means is that there are ZERO UPFRONT FEES for the duration of the processing of the claim, as we only levy our fees at the end of the suit, and only if we’ve recovered compensation on your behalf. If you slipped and fell in a retail store, got injured on the job, were involved in an auto accident that wasn’t your fault or had a child bitten by a dog, please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation – our intake team is standing by.
Loss of Autonomy and Why it Matters in Personal Injury Lawsuits
Autonomy refers to the capacity of an individual to make an uncoerced, informed decision, and it usually extends to the simple ability of one being able to move their limbs.
Autonomy refers to the following:
- Self-Care – One’s ability to dress, groom, bathe and manage personal hygiene
- Navigation and Mobility – The freedom to drive, use public transportation and even simply walk without any assistance to a certain destination
- Household Management – One’s ability to clean, cook, go grocery shopping and maintain one’s home and environment
- Financial Independence – One’s ability to manage finances such as pay bills, and make independent economic decision
- Social Engagement – One’s ability to participate in social events, hobbies and so on without having to rely on others
- Decision-Making – One’s cognitive capacity to make life choices that are deemed complex such as living arrangements, medical treatments and so on without assistance
Traditionally, the law has lumped together lost autonomy under broader categories such as pain and suffering or loss of enjoyment of life. While these categories do cover elements of lost independence, there is a nuance that is not comprehensively covered by those broader damages.
Here’s how we as the best nationwide injury law firm build a case for lost autonomy:
- We work with you and your family to construct a day in the life narrative where we document your daily struggles and how you navigate your typical day via video. This can include things like needing help to get out of bed, use the restroom, eat and move around different areas of your home in order to make this abstract concept more tangible for a judge or jury.
- We use expert testimony from professionals such as occupational therapists who will provide a detailed assessment of your pre-injury functional capabilities and compare them with your post-injury limitations. In addition, life care planners can come forth with a comprehensive projection of all future needs including personal care assistance, home modification and adaptive equipment which will all point to loss of autonomy.
- We will also present testimony from family members and caregivers who witness first-hand your struggles as you try to cope with your new life post-injury. They can provide information on how you depend on them to carry out simple tasks as well as the emotional toll this has placed on you and the entire family as a whole.
Best Nationwide Injury Attorneys – Call Us Today!
Loss of autonomy damages and claims following a catastrophic injury are to be taken seriously because your independence is priceless. If you got injured by a negligent party and are now unable to go about your day unaided, please give us a call NOW at (314) 481-63338 to learn more about how we can leverage our decades’ long expertise to ensure every facet of your injury is taken care of. We serve clients countrywide, and your first consultation is 100% FREE. Thanks for choosing us, and we look forward to helping you.