How to Find a Catastrophic Injury Lawyer
If you or a loved one have suffered a catastrophic injury, whether long-term or permanent, a lawsuit may be the necessary course of action. In catastrophic injury events, there are huge monetary expenses that the victim will incur, such as medical bill, physical therapy, loss of wages, and more. Each injury case is unique, thus the services of a qualified attorney are essential.
Generally, a catastrophic injury is one that involves long-term or permanent incapacity or disability for the victim. These types of injuries often require many surgeries, potential medical treatment for life, and a very tough recovery process. It is possible that the victim of a catastrophic injury cannot get back to work, losing with this the ability to earn money. This is especially tough if we’re talking about the home’s breadwinner. Catastrophic injuries can affect not only the injured person, but also the whole family.
An important aspect of catastrophic injuries is that they are naturally debilitating, and this disability can be expected to continue for a long time or permanently. If the victim of the injury is not able to function as before and possibly needs a live-in nurse or some other type of assistance for daily life, then the injury is considered catastrophic.
Examples of Catastrophic Injuries
Long-term and permanent catastrophic injuries come in many shapes and forms. Some of the most common injuries are:
- Traumatic brain injuries
- Spinal cord injuries
- Partial or total paralysis
- Loss of a limb (amputation)
- Disfigurement
- Severe scarring
In the event of a personal injury case that entails a catastrophic injury, the person who is injured can file a claim and request compensation for the losses the injury caused for the victim and his or her family. These cases can be very complex, because the plaintiff’s legal team will have to prove the extent of the damages. It’s never a good idea to file such claim solo. Get a qualified attorney to handle your case and guide you through the process.
When an offender is responsible for a victim’s injury and it’s proven in court, the offender will be required to pay compensation for the damages he caused that, as they say, make the plaintiff whole. In other words, the plaintiff would be recompensed based on what his life would be like had the injury not happened. The plaintiff will also be reimbursed for any past or future medical expenses, as well as other expenses related to the injury. In catastrophic injury cases, the compensation is much higher than in regular personal injury cases, because the damages are much more long term and can sometimes be permanent.
Limits on Compensation in Some States
In some states of the United States, there are limits to how much a plaintiff can receive for non-economic damages from a defendant, especially if the case involves medical malpractice. Non-economic damages include loss of enjoyment, emotional distress, and pain and suffering.
Normally, compensation is capped between $250,000 and $750,000. In catastrophic injury cases, however, the plaintiff may receive more than the cap and even an unlimited figure, sometimes a million dollars or even more. There have been known cases where the plaintiff gets huge sums of money. For example, the plaintiff in one case got $50 million when he filed suit against a defendant who ran a red light and hit his car, causing him to suffer a broken neck. In another case, a construction worker got $27 million for severe brain damage when he fell from a scaffold. A qualified attorney will be able to handle your complex catastrophic injury claim and can help you get the compensation you deserve.
Sources: