Millions of Americans experience unintentional injuries each year. In 2021 alone, there were 25.5 million visits to US emergency rooms for such incidents. Some may heal relatively quickly but others, like catastrophic injuries, leave a lasting impact.
A catastrophic injury can impact you physically, emotionally, and financially. While financial compensation for an injury can’t erase the damage done, it can certainly help provide relief.
Catastrophic injury claims can feel overwhelming, but fortunately, you don’t have to go through them alone. Join us as we walk you through the legal process for these types of cases.
What Qualifies as a Catastrophic Injury?
Catastrophic injuries are those that have a severe and lasting impact on a person’s life. These injuries can often result in long-term disabilities, significant impairment of bodily functions, or even death.
Examples include the following:
- Traumatic brain injuries
- Spinal cord damage leading to paralysis
- Severe burns
- Amputations
- Multiple fractures
In essence, catastrophic injuries change an individual’s quality of life and affect their ability to perform daily activities independently. Whether it stems from a car accident, plant accident, or workplace incident, any injury with profound consequences falls under the umbrella of catastrophic injuries.
Initial Steps to Take After a Catastrophic Injury
The first step after an injury is promptly seeking medical care to address any urgent health concerns. It’s important to put your health first and adhere to the treatment plans suggested by medical experts.
Next, documenting the details of the accident or injury may be essential to building a stronger case. This includes gathering witness information, taking photographs of the scene if possible, and keeping all medical bills related to the incident. These initial steps can lay a solid foundation for any potential legal proceedings that may arise from the catastrophic injury.
Consult With Attorneys
After seeking medical attention, you may want to consider consulting with a personal injury attorney. A skilled attorney can help evaluate the circumstances of your injury and determine the best course of action to pursue.
During this consultation, you should provide your attorney with all relevant information and documentation related to your injury. This includes any medical records, witness statements, and insurance information. Be open and honest about the details of the incident so your attorney can fully understand the impact of your injuries and build a strong case on your behalf.
Potential Legal Options
Depending on your case’s specific circumstances, several legal options may be available to you. These could include filing a personal injury lawsuit against a negligent party or negotiating a settlement with an insurance company.
An attorney well-versed in personal injury law should be able to navigate you through these options and assist in selecting the best course of action based on your individual circumstances. They can also manage all the legal dimensions of your case, such as communicating with insurance companies, gathering evidence, and representing you in court if necessary.
Filing a Claim
There are time limitations for when you may file a claim. When you file, you will need to prove that another party was at fault for the accident that caused your injuries.
This is known as proving negligence. To prove negligence, you must establish four key elements:
- Duty: The person or party responsible for causing your injury had a duty to exercise reasonable care to prevent harm.
- Breach: The person or party failed to meet this duty by acting in a way that caused harm or by failing to take reasonable precautions to prevent harm.
- Causation: The person’s actions or lack of action directly led to your injuries.
- Damages: You suffered physical, emotional, or financial damages as a result of the injury.
In addition to proving negligence, you may need to provide evidence of the extent of your injuries and their impact on your life. This may include medical records, bills, and statements from medical professionals.
Investigation and Building a Catastrophic Injury Case
One of the first steps in building a strong catastrophic injury case is to gather any evidence to support your claim. This may include medical records, accident reports, witness statements, and any other relevant documents that can help establish the cause and extent of the injuries.
To determine who was at fault for the accident, it is important to thoroughly investigate what exactly happened to cause the injury. This may involve visiting the scene of the accident, taking photographs, and collecting any physical evidence that could support your case.
Negotiation and Settlement Discussions
Catastrophic injuries often result in significant financial losses, including medical expenses, lost wages, and future care costs. An attorney can help you to accurately calculate these damages in order to seek fair compensation for your losses.
During negotiation and settlement discussions, the parties will usually attempt to reach a mutually agreeable resolution about compensation without going to trial.
The Trial Process
If negotiations are unsuccessful, the case may proceed to trial, though it’s not common with less than 5% of cases making it to trial. The trial process allows both parties to present their evidence, witness testimonies, and arguments before a judge or jury, who will ultimately decide the outcome.
Having experienced legal representation during this stage can be the key to a successful claim. Your attorney should ensure that your case is presented clearly and persuasively while countering any arguments from the opposing party.
As you go through this final stage of seeking compensation for catastrophic injuries, patience and perseverance are key.
What to Expect Post-Trial
There are still important steps to navigate post-trial, including potential appeals and enforcement of judgments.
You will want to prepare for any potential follow-up actions that may arise post-trial. Understanding what comes next and having a clear plan can help protect your rights and interests. An attorney can help guide you every step of the way.
Receive the Compensation You Deserve
Throughout your legal journey, your main focus should be on your well-being and recovery. When your case is closed, you should receive the compensation you deserve. Although financial recompense cannot undo the harm you have faced, it can also serve a pivotal role in your recovery.
Let Talbot, Carmouche & Marcello Be Your Advocates
A catastrophic injury can profoundly impact you and your loved ones. Understanding your rights is important in seeking justice and fair compensation.
At Talbot, Carmouche & Marcello, our team is ready to provide the dedicated, experienced and caring support you need. We are relentless in our pursuit of justice, ensuring that every clients’ compensation reflects their individual circumstances and hardships. Trust us to provide the exceptional service you deserve before, during and after your case. Schedule a free, no-obligation consultation with us today.