An accident can make living and enjoying life in your home almost impossible. You might have to modify your home, especially for permanent injuries, to accommodate your disability. In such a case, the person responsible for your accident should pay for the modifications. Here are a couple of things to prove to get the compensation.
1. Modification Necessity
First, you must prove that the modifications are necessary to continue living your life as you did before the accident. Here are examples of injuries that may necessitate home modifications:
Amputation
An amputee who needs mobility aids, such as a wheelchair, may need to modify their home to accommodate the aid's use. For example, you may need to widen your doorways to accommodate your wheelchair.
Paralysis
Paralysis makes movement and daily tasks difficult. You need grab bars, nonslip flooring, and handrails to reduce your risk of slipping and falling.
Traumatic Brain Injuries
Traumatic brain injuries (TBIs) come with different symptoms that may require different modifications. For example, exposure to bright lights or loud colors might make you uncomfortable if you have TBI. In such a case, you must modify the home to eliminate the triggers.
In order to prove that the person responsible should pay for the necessary modifications, you must prove that:
The defendant may need to see your home's play and layout to confirm that you need the modifications. For example, the defendant doesn't need to compensate you for grab bars if your home already has them.
2. Modification Cost
Secondly, you must prove the money you request reflects the modification's true cost. You can prove this in several ways. One way is to get quotes that reflect the different modifications from different contractors. Another way is to get an expert witness' testimony explaining the modification's market rate.
Say you want to modify your bathroom for wheelchair use. Quotes from multiple plumbing contractors can help you prove the modification's cost. An experienced contractor can also testify about the modification's cost. You can take both routes to strengthen your claim.
The law requires all injury victims to mitigate their damages. The requirement applies to damage modifications. For example, you should not automatically choose the most expensive materials for your modifications if inexpensive options work just fine.
The defendant should compensate you for all injuries related to the accident. However, the onus is on you to prove the damages. Contact a personal injury lawyer to help you prove your case.
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