Catastrophic injuries are injuries that are so serious and life-altering that they prevent a person from living their life the same way they did before the injury. These injuries often cause permanent disabilities or have long-term effects. Examples include spinal cord injuries, severe burns, accidental amputations, brain injury, and paralysis.
Injuries that are classified as catastrophic tend to be very severe and can have life-altering consequences. They may be the result of an auto accident, a slip, and fall, medical negligence, or an intentional act of violence. Regardless of the cause, these types of injuries require immediate and ongoing medical attention in order to achieve the best possible outcome. In some states, it is necessary to prove that the injury is catastrophic in order to file a lawsuit against the responsible party. In addition to medical care, many individuals with catastrophic injuries require long-term rehabilitation and care.
Catastrophic injuries are incredibly disruptive for the victim and their family. The effects of the injuries prevent the victim from returning to work, meaning a loss of income. The victim may need long-term healthcare and assistance and may be unable to do things like help with chores, show affection to their loved ones, or perform basic tasks that people without injuries can do easily.
What Are the Damages for Catastrophic Injuries?
When a person has been catastrophically injured due to someone else’s careless, reckless, or deliberate actions, the financial repercussions can be substantial. The injured party may need to sue the person responsible in order to secure the financial resources necessary to provide for themselves and their family. Therefore, making the right choice in selecting a lawyer is critical. In states with no-fault insurance, a lawsuit may be the only option open to someone who has been catastrophically injured in a car crash.
When catastrophic injuries are involved, it is essential to pick a plaintiff’s lawyer who has substantial trial experience. Although the majority of cases are not taken to court, attorneys with this knowledge and skill will have greater bargaining power when dealing with the defendant’s insurance defense lawyer compared to lawyers who usually settle cases. A skilled plaintiff’s attorney will need to collaborate with an assortment of professionals before taking the case to court to accurately determine the severity of injuries and future requirements.
In a catastrophic injury case, the amount of compensation sought could be much greater than in other types of lawsuits. This is because the effects of the injury are often much more severe and may include medical expenses, lost wages, additional costs, and property damage. Additionally, the individual may be entitled to non-economic damages such as pain and suffering, diminished quality of life, emotional distress, permanent disability, disfigurement, and loss of companionship.
Also, a defense lawyer will often try to reduce the amount of compensation the plaintiff may be entitled to. To do so, they may attempt to prove that the accident wasn’t completely the fault of the defendant but that the plaintiff also shared some responsibility.
If one is found to be partially responsible for an accident, the amount of compensation they are eligible for will be decreased in proportion to their fault. A good defense attorney can minimize the amount of money a plaintiff can recover by showing that the plaintiff was partially responsible. The jury will still consider the full extent of damages; however, the amount the plaintiff is awarded will be limited.
Conclusion
Catastrophic injury cases require the expertise of many different professionals, including medical experts, legal professionals, and financial advisors. Medical experts can provide valuable insight into the medical consequences of a catastrophic injury, as well as treatments and rehabilitation options. Legal professionals can provide guidance on how to pursue a personal injury lawsuit and how to negotiate a settlement.
Mendes, Reins & Willander offers the services of some of the best catastrophic injury lawyers in Tampa. Schedule a legal consultation and find out how we can help you!