In personal injury law, there is a wide variety of injuries, accidents and events that lead to personal injury claims. One major subcategory in this area of law is known as serious or catastrophic personal injury. But what is considered a serious personal injury?
This phrase refers to a type of injury that significantly impacts someone’s life. These injuries are not minor or superficial, but rather severe and life-altering, often leading to long-term or permanent disability or other consequences. In some cases, these injuries require extensive medical procedures or long-term care and result in the loss of the ability to perform work-related tasks.
The effects of such injuries are not always just physical. Serious personal injuries can also take a toll on the emotional and financial wellbeing of the injured party and their family.
Minor vs. Serious Personal Injuries
Compared to serious personal injuries, a minor personal injury refers to an injury that is less severe and typically leads to temporary discomfort or disability. These injuries might include minor fractures, cuts, bruises or sprains. Although they might cause some discomfort and inconvenience, they generally don’t lead to long-term or permanent damages.
The terms ‘minor’ and ‘serious’ in personal injury law are not just determined by the severity of the initial injury, but also by the impact the injury has on someone’s life. Even a seemingly minor injury can have serious implications if it leads to considerable pain, suffering or disruption in the injured person’s life. So no matter how severe the injury is, it may still be important to seek legal advice to understand your rights and possible next steps.
Types of Serious Personal Injuries
Serious personal injuries can occur in a variety of situations and can take many forms. Listed below are some of the most common types of serious personal injuries.
Traumatic Brain Injuries (TBIs)
One common type of serious injury is a traumatic brain injury (TBI), which can often result from car accidents, slip and falls, or sports-related incidents. These injuries can lead to long-term cognitive difficulties, memory problems or permanent disability. A person suffering from a TBI may have hefty medical bills, loss of income and a diminished quality of life, all of which can be grounds for a personal injury claim.
Spinal Cord Injuries
Spinal cord injuries can often occur in motor vehicle accidents or as a result of a fall from a significant height. Damage to the spinal cord can lead to partial or full paralysis, disrupting the person’s life and leading to the need for long-term medical care and assistance.
Burn Injuries
Severe burns are also classified as serious personal injuries. Burns can have a wide variety of causes, including fires, auto accidents and exposure to harmful chemicals. Severe burns often require extensive medical treatment, including surgeries and long-term rehabilitation. In some cases, they can also lead to significant disfigurement. Victims of such injuries may claim compensation for their medical bills, pain and suffering, and even psychological trauma.
Loss of Limb
Amputations, whether accidental or medically necessary after an injury, can significantly impact a person’s life. Accidents involving heavy machinery or vehicle collisions often lead to these types of injuries. An amputation can affect a person’s ability to work, participate in activities they once enjoyed and lead an independent life.
Filing Serious Personal Injury Claims
In all of the above and other personal injury scenarios, if the injury is the result of someone else’s negligence or intentional act, the injured person could potentially file a serious personal injury claim. This claim could provide compensation for medical expenses, loss of income, pain and suffering, and other damages related to the injury. The process of filing a serious personal injury claim is complex and can be time-consuming, which is why it is beneficial to consult with a serious personal injury attorney to understand the legal options available.
What to Expect in the Personal Injury Lawsuit Process
Typically, the process begins with a consultation with an attorney, who helps determine whether you have a valid claim. If you do, your attorney should gather evidence, which may include medical records, accident reports, and witness statements, to build a strong case.
The next step is usually a negotiation with the responsible party’s insurance company, where your attorney can attempt to secure a fair settlement. If a settlement can’t be agreed upon, your attorney can file a lawsuit, and your case may go to trial.
During the trial, both parties present their arguments, and a judge or jury will make a decision. If the verdict is in your favor, the responsible party will be ordered to pay a specified amount of damages.
Common Complications in a Serious Personal Injury Case
In personal injury law, there are a wide range of ways in which this legal process becomes more complex. For instance, determining liability in accidents may involve piecing together evidence from various sources and possibly reconstructing the accident scene.
Additionally, serious injuries usually result in substantial medical costs, and calculating fair compensation can be difficult. It’s not just current medical bills, but future expenses, lost wages, and non-economic damages like pain and suffering need to be factored in.
Negotiating with insurance companies can also be a tough process as they can sometimes aim to minimize payouts. They may contest the severity of injuries, argue about the necessity of certain treatments, or dispute liability altogether.
Navigating Serious Personal Injuries with Professional Help
Trying to make sense of a complicated legal process while also trying to recover from a serious injury can be overwhelming. This is where an attorney’s help becomes invaluable. They can navigate these complexities, advocate for your rights and fight for the compensation you are entitled to.
If you or a loved one has experienced a serious personal injury, reaching out to our team can be an important next step toward getting the help you need. By choosing Talbot, Carmouche & Marcello for your personal injury needs, you’re choosing experienced legal professionals who are dedicated to fighting for your best interests. Schedule your free consultation today.