What Is A Catastrophic Injury?
A catastrophic injury is a severe injury or illness considered particularly traumatic. It will have an enormous adverse impact on the victim’s life and require extensive, prolonged medical treatment. Catastrophic injuries are not always permanent or life-threatening but usually take considerable time to heal.
What Injuries Are Considered “Catastrophic”?
The following injuries would likely be categorized as catastrophic:
- Spinal cord injuries, including partial or total paralysis
- Traumatic brain injuries (TBI)
- Amputation or loss of a limb
- Severe burns
- Loss of vision or hearing
- Injuries causing disfigurement or severe scarring
In general, an injury can be regarded as catastrophic when it results in a long-term or permanent disability that significantly disrupts the victim’s life. This includes the ability to be gainfully employed and requiring intensive medical treatment or long-term care.
What Damages Can You Claim for a Catastrophic Injury?
Through a personal injury claim, the victim can seek damages after sustaining severe financial, physical, emotional, and personal losses due to another person’s carelessness or misconduct. These should be reflected in the compensation awarded to the victim and attempt to restore their quality of life to the greatest extent possible. These may include, but are not limited to, the following:
- Medical bills, including emergency care, hospitalization, doctors’ visits, diagnostic tests, surgery, prescriptions, etc.
- Medical equipment, such as wheelchairs
- Long-term disability care
- Psychotherapy and counseling
- Past and future lost income
- Occupational or physical therapy
- Scarring and disfigurement
- Physical pain and suffering
- Emotional anguish
- Loss of quality of life and enjoyment of activities
- Loss of companionship
Catastrophic injury attorneys are tasked with gathering evidence such as medical bills to determine what damages a victim is entitled to receive. Then, they must calculate their worth and request that the liable party be held responsible for paying this amount in a personal injury claim.
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What Can a Catastrophic Injury Attorney Do for You?
If you need legal assistance and representation in a catastrophic injury case, you should retain an attorney experienced in handling injury claims to help you secure the compensation you deserve. The following are some of the essential tasks that injury attorneys are responsible for when they take you on as a client:
Assess Your Likelihood of Success
The first task of an attorney is to ensure the client does not pursue legal actions with little chance of success. For example, evidence proving the alleged defendant is at fault and should be held liable for your injuries and losses may be insufficient. Your lawyer will analyze all the facts of your accident and injuries and determine if you have a valid case.
Handle Important Negotiations
Negotiating with an insurance company on your own over a claim can be frustrating, and having an attorney will help ensure they take your case seriously. And it would be best if you didn’t have to argue with claims adjusters who refuse to offer you reasonable compensation for your losses.
Personal injury attorneys are often better equipped to haggle with insurers to negotiate a fair settlement offer or determine when it’s time to explore other options.
Gather Evidence and Establish Liability
Personal injury lawyers understand the intricacies of what the law requires to prove your case. They know what elements are needed to establish a defendant’s liability and illustrate how the trauma of this injury impacts every aspect of your life. As a result, they know precisely which evidence to collect and how to present your arguments in a manner that logically supports your case.
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Handle Court Filings and Procedural Issues
When taking a personal injury case to court, there are many forms to file and deadlines to meet. This is a complicated and sometimes aggravating process that you shouldn’t have to handle alone. Instead, your attorney should be responsible for filing documents and properly preparing everything necessary to initiate a lawsuit. They will also manage case-related correspondence and communications with the other party on your behalf.
Represent You in Court
If your case must be presented in court, your lawyer will appear as your advocate before a judge and jury. Litigation experience in these matters is essential, as the work involved in negotiating with liable parties and proving a case in court differs dramatically.
Also, if you have any questions or need clarification about the details of the settlement offer or court verdict, your attorney will address these issues and ensure you understand every aspect of the process.
