Experiencing a sudden catastrophic injury can alter a person’s life indefinitely. In many cases, the entire family’s lives are upended due to the victim’s loss of income, ongoing medical expenses, the constant need for care, and other losses. When the devastating injury was caused by the negligence or misconduct of another person, the unfairness can feel overwhelming.
At Isaacs & Isaacs Personal Injury Lawyers, we understand that a disabling injury will place you and your loved ones under tremendous stress. We can secure the resources and evidence to build a solid claim and navigate the legal process for you, while you focus on healing from your injuries.
What Is a Catastrophic Injury?
A catastrophic injury is when a victim has sustained bodily damage in which recovery is improbable or will require an extended period of time. Such accident-related injuries may be life-threatening and are often life-altering. If the negligence of another causes an accident and the victim’s resulting injuries, they are legally responsible for the various physical, emotional, and financial losses they caused.
Common catastrophic injuries include, but are not limited to, the following:
- Traumatic brain injuries
- Amputation and limb loss
- Spinal cord damage
- Partial or full paralysis
- Severe burns
- Internal organ injuries
- Multiple bone fractures
- Vision or hearing loss
These injuries result from accidents caused by another party’s negligence in many cases. Some examples include:
- Car, truck, and motorcycle accidents
- Commercial truck accidents
- Bicycle or pedestrian accidents
- Construction site accidents
- Boating and aviation accidents
- Slip and fall accidents, premises liability
- Product liability
- Medical malpractice
For a free legal consultation with a catastrophic injury lawyer serving Shelbyville-IN, call 800-333-9999
How Can I Receive Compensation?
Although no amount of compensation will be enough to reverse the devastating impact of a catastrophic injury, restitution is necessary to help the injured person cope with and adjust to their new life. Victims and their families will undoubtedly face extensive medical bills and other financial issues. In addition, such victims also commonly suffer from psychological disturbances, such as post-traumatic stress disorder, which can dramatically affect loved ones as well.
If you have sustained a catastrophic injury, it is within your legal rights to seek compensation that could result in recovery of the following damages:
- Present and future medical expenses, including emergency care, hospitalization, surgeries, doctor visits, etc.
- Loss of past and future wages
- Diminished earning capacity
- Physical pain and suffering
- Mental anguish
- Scarring and disfigurement
- Permanent disability
- Loss of life enjoyment and quality of life
- Loss of consortium
All injuries subject to an insurance or legal claim can result in significant compensation for losses. However, catastrophic injury cases typically warrant higher restitution amounts and, therefore, may be more challenging to calculate. Attorneys who regularly handle these cases will ensure that all damages to which you are entitled are included in any claim or lawsuit.
Shelbyville-IN Catastrophic Injury Lawyer Near Me 800-333-9999
Why Hire a Shelbyville, IN Catastrophic Injury Attorney?
If you’ve experienced a catastrophic injury, your first concern is to heal and recover the best you can from the bodily harm you’ve sustained. Moreover, you are unlikely to have the time and patience it takes to deal with insurance companies or navigate the complex legal process. The following are a few primary reasons why having an attorney who can handle these tasks for you can be essential:
Getting a Fair Settlement Requires Negotiation and Sometimes Legal Action
There may be little question as to your right to receive compensation. You may even receive a call from the liable party’s insurance carrier offering you a settlement. But unfortunately, this is often a lowball amount, as one of the priorities that insurers have is to minimize their payouts and maximize profits. Indeed, your case is likely worth significantly more than what they propose.
When you work with an attorney, they will compose a demand letter that documents your damages and related values and present this to the insurance company. Typically, this begins the negotiation process, and your attorney will start to fight for the maximum compensation available to you.
If the insurance company does not agree to a reasonable settlement, your attorney can file a civil claim on your behalf and then present your case for damages in court.
Proving a Personal Injury Claim Requires Establishing Negligence and Liability
Four elements are needed to prove negligence and, therefore, liability. If you fail to establish these in your claim, you will not be successful in securing compensation for your injuries:
- Duty of Care
The first element needed to show negligence is that the defendant owed the claimant a legal duty of care. A duty of care exists when the law identifies a relationship between two parties. One party is obliged to exercise a similar level of reasonable care that another individual under the same circumstances would. Specifically, the defendant’s duty of care could include the expectation that they would avoid engaging in actions that could endanger the claimant’s well-being.
- Breach of Duty of Care
The next element requires determining if the defendant breached or violated their duty of care by engaging in actions (or inaction) that an average person would do if they were in a similar circumstance. In a lawsuit, a defendant might be found negligent if an average person: (1) knew everything the defendant knew and understood their actions might cause an injury to another person, and (2) would have chosen to engage in another action than the defendant did.
The third element is causation, which requires a claimant to show that the defendant’s breach of duty of care was the cause of their injury and losses. If the defendant was unaware that their action would cause the claimant injury, such as in the case of an unexpected act of nature, the accident might be considered unforeseeable and the defendant not found liable.
Damages are the final element needed to prove negligence. Because the claimant suffered a long-lasting or permanent injury and losses due to another’s negligence, a monetary award may be the only form of relief available to them. Damages include those mentioned above, such as medical care, lost wages, pain and suffering, etc.
You Have a Limited Amount of Time to Take Legal Action
Statutes of limitations are laws limiting the time a potential claimant has following an accident to take legal action against a negligent party. This statute is described in IC § 34-11-2-4 and states that personal injury claims must be initiated within two years of the accident or event’s date. When you have retained an attorney to handle your case, they will ensure that all documentation is completed correctly and that all legal deadlines are met regarding your claim.
Contact a Shelbyville, IN Catastrophic Injury Lawyer Today
Isaacs & Isaacs Personal Injury Lawyers has helped catastrophic injury victims and their families recover compensation for their many losses, and we can also help you. We’ve recovered $1 billion in settlements for our clients, and our attorneys have over 400 years of combined legal experience. Contact us today to schedule a free, no-obligation case review and speak with a catastrophic injury lawyer who can help you get started on your claim.