A catastrophic injury is severe, life-altering, and likely permanent. Experiencing a devastating accident can result in extensive medical bills, ongoing medical care, loss of income, and a significant reduction in a victim’s quality of life. Moreover, financial, physical, and emotional issues can leave a victim feeling overwhelmed and alone.
Fortunately, the legal professionals at Isaacs & Isaacs Personal Injury Lawyers are committed to guiding you through the complex legal process toward a successful settlement or verdict. We will effectively handle your personal injury claim so you can focus on your recovery and forge ahead with your life.
Damages Recoverable for Catastrophic Injuries
Compensation for devastating personal injuries extends far beyond reimbursement for medical bills. Depending on your injury’s severity, financial awards can include any of the following and more:
- Medical bills, including ambulance services, emergency care, hospitalization, follow-up doctor visits, medical devices, prescription drugs, and physical therapy
- Lost wages and diminished earning capacity for as long as the victim cannot work
- Physical or mental disabilities that remain after all possible medical treatment has been rendered
- Physical pain and suffering and emotional anguish
- Loss of consortium or companionship
- Scarring or disfigurement, including cosmetic and reconstructive surgery
- Loss of quality of life and life enjoyment
Punitive Damages
You may also pursue punitive damages if it can be proven that the defendant was grossly negligent and acted with oppression, fraud, or malice. Unlike compensatory damages, punitive damages are not intended to make the plaintiff whole again. Instead, they are meant to penalize the defendant and deter them and others from engaging in such behavior in the future.
For a free legal consultation with a catastrophic injury lawyer serving Ashland, call 800-333-9999
How an Ashland Catastrophic Injury Attorney Can Help
In Kentucky, the general personal injury statute of limitations is just one year after the accident’s date, and two years for motor vehicle accidents, although some exceptions may apply. However, most often, failure to file a lawsuit before these deadlines will result in the court dismissing your case. When you hire an Ashland catastrophic injury lawyer to handle your case, you can be confident that all required legal documents will be completed correctly and filed on time.
If you’ve sustained a catastrophic injury due to another party’s negligence, an attorney can also help you with your case in the following ways:
- Navigating the legal process from start to finish
- Thoroughly investigating the accident scene and circumstances that led to your injuries
- Advising you on the merits of your claim
- Explaining options for pursuing reimbursement for your losses
- Providing legal resources, including expert witnesses or forensic investigators to collect evidence and establish liability
- Calculating damages and issuing a demand letter for compensation
- Communicating with liable parties on your behalf
- Handling insurance claims and working toward a mutually agreed-upon settlement
- Taking your case to trial, if necessary, to secure fair compensation
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Proving Liability in a Catastrophic Injury Case
Holding a party legally responsible for an accident and injuries requires more than making allegations. You must have solid evidence to support your claims. In most catastrophic injury claims, the legal theory used to confirm a party’s liability is negligence, in which four essential elements must be proven:
- First, you must demonstrate the defendant owed you a duty of care. Although the details of this duty vary between cases, it is a legal obligation imposed on a person, requiring compliance with a standard of reasonable care while engaging in any acts that could conceivably harm others.
- Second, you must firmly establish that the defendant violated or breached this legal duty of care.
- Third, you must have sufficient evidence to show that the defendant’s violation of duty is the cause of your injuries.
- Lastly, you have to prove both that you incurred losses and the worth of those losses. When presenting your damages, you cannot allude to potential harm, only actual injuries and losses you’ve sustained.
Evidence could be physical proof taken from the accident scene and also include documentation, such as medical records revealing the scope of your injuries. Our personal injury lawyers can help you uncover the evidence you need to build your case and secure compensation.
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Who Is Liable for Your Catastrophic Injury?
As noted, when proving a personal injury claim, regardless of your condition’s severity, you must show a defendant was at fault. Common accidents and their typical liable parties include the following:
- Auto accident – Car or truck driver, motorcyclist, bicyclist, pedestrian, or the town or private property owner who failed to repair or maintain the road
- Slip and fall accident – Property owner or manager
- Medical malpractice – Doctor, nurse, or another healthcare provider
- Defective product injury – Manufacturer, distributor, or seller of the defective product
- Construction site accident – Construction site owner, general contractor or sub-contractor, architects and engineers, machinery manufacturers
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Common Catastrophic Injuries
Due to the tremendous impact of a catastrophic injury, these cases should be handled differently than other personal injury claims. While any accident-related injuries may result in compensation recoverable from a liable party, catastrophic injury victims may face higher medical costs and a loss of life enjoyment.
Common catastrophic injuries include the following:
- Severe spinal cord injuries
- Traumatic brain or head injuries
- Severe burn injuries
- Partial or complete paralysis
- Limb amputation
- Severe or multiple bone fractures
- Internal organ damage
- Exposure to hazardous materials
- Crush injuries
- Hearing or vision loss
What If a Catastrophic Injury Occurs at Work?
In Kentucky, most employers are mandated to offer workers’ compensation insurance. This insurance covers most injuries that occur while an employee is performing a work duty. Workers’ compensation pays employees significantly more for catastrophic injuries than relatively minor injuries, but all are subject to state maximums.
If you are covered, you are not allowed to sue your employer for a work-related injury in most cases. Moreover, you must file a workers’ compensation claim instead of initiating a personal injury lawsuit. However, if you’ve sustained injuries caused by a third party while on the job, you may be able to file a civil claim against the liable party and be awarded damages beyond what you receive through workers’ compensation.
Contact an Ashland Catastrophic Injury Attorney Today
We refuse to settle for less than the best financial outcomes we can achieve for our clients, and neither should you. Our attorneys have over 400 years of legal experience and have secured $1 billion in settlements for those we represent. Please contact Isaacs & Isaacs Personal Injury Lawyers today for a free, no-obligation case review so we can begin working on your claim and pursuing the damages you’re owed for your losses.
Call or text 800-333-9999 or complete a Free Case Evaluation form
