When Personal Injury Leads to a Veterans Disability Claim

For veterans, personal injuries can occur both during active military service and after returning to civilian life. In either case, these injuries can lead to complex legal situations, especially when it comes to pursuing compensation through personal injury claims and veterans disability benefits. Veterans have unique legal options that civilians may not, and understanding the distinction between personal injury claims and veterans disability claims is essential to securing the compensation and benefits they deserve.

Understanding Personal Injury Claims vs. Veterans Disability Claims

A personal injury claim is a legal process in which an individual seeks compensation from a third party responsible for causing their injury. Common examples of personal injury cases include car accidents, slips and falls, or medical malpractice. The goal of a personal injury claim is to recover compensation for damages such as medical expenses, lost wages, pain and suffering, and any other losses directly tied to the injury.

In contrast, a veterans disability claim is specific to those who have served in the military. Veterans disability benefits are provided by the Department of Veterans Affairs (VA) to compensate veterans for injuries or illnesses that are connected to their military service. This could include physical injuries, mental health conditions like PTSD, or diseases that arose due to service conditions. Veterans disability benefits are not determined by who was at fault, but rather by the veteran’s ability to prove that the injury or condition was service-connected.

Filing Both Claims: When It’s Possible

In some cases, veterans may be able to file both a personal injury claim and a veterans disability claim. For instance, if a veteran is injured in a car accident after their military service, they can file a personal injury claim against the responsible driver for damages. If that injury exacerbates a pre-existing condition or causes a new disability connected to their service, they may also file a veterans disability claim.

Similarly, veterans who sustain an injury during active duty may pursue personal injury claims against third parties, such as contractors, manufacturers, or other entities that contributed to the injury. For example, a veteran injured by faulty military equipment could file a personal injury claim against the equipment manufacturer while also seeking veterans disability benefits for the injury’s impact on their ability to work and live.

How a Veterans Disability Lawyer Can Help

Navigating the legal processes of filing both personal injury and veterans disability claims can be daunting. This is where a skilled Veterans Disability Lawyer comes into play. These attorneys specialize in understanding the nuances of both systems, helping veterans ensure that they pursue the appropriate compensation routes.

1. Proving Service Connection: A Veterans Disability Lawyer can help establish the connection between a veteran’s injury and their service, which is critical for securing veterans disability benefits. This may involve gathering medical records, service documents, and testimony to make a compelling case to the VA.
2. Handling Dual Claims: If a veteran is eligible for both a personal injury claim and a veterans disability claim, a lawyer can ensure that the claims don’t negatively impact one another. For example, compensation from a personal injury lawsuit might affect a veteran’s disability rating or benefits, and an attorney can help navigate these potential conflicts.
3. Appealing Denied Claims: Veterans disability claims are often denied or rated lower than deserved. A Veterans Disability Lawyer can help veterans appeal these decisions, gathering the necessary evidence and building a stronger case to increase the chances of approval.
4. Maximizing Compensation: A lawyer familiar with both personal injury and veterans law can ensure that veterans receive full compensation for their injuries, not only from a personal injury settlement but also through VA disability benefits.

Conclusion

Veterans facing personal injuries, whether during or after service, have legal options available to pursue the compensation and benefits they deserve. Filing both personal injury and veterans disability claims can be complex, but with the help of an experienced Veterans Disability Lawyer, veterans can navigate these processes more smoothly. By leveraging the expertise of a knowledgeable attorney, veterans can maximize their compensation and ensure that they are properly cared for as they deal with the long-term effects of their injuries.

If you are facing a denial on your VA disability claim, it’s important to take action. Thank you to our friends at Glover Luck LLP for speaking about Veterans disability lawyer and personal injury claims.