A catastrophic accident is a classification that is typically applied to accidents that result in the most harmful and life-altering types of injuries that a person can sustain. If you’ve been involved in such an accident, your injury may require months or even years of treatment, prevent you from working, and may even require in-home care, assisted living, or expensive medical equipment.
If your accident was caused by another person’s negligence, you may be able to file a personal injury claim to recover compensation for these costs, as well as for the emotional effect the accident has, and will continue to have, on your life. The sections below detail what you need to know to accurately assess the value of your claim and how you can maximize your chances of receiving a settlement that is representative of your injuries.
How is the Value of a Catastrophic Injury Claim Calculated?
Unlike other types of personal injury claims, catastrophic injury claims are at a higher risk of being undervalued because of how extensive the damages often are. You may need millions of dollars to not only address your immediate health concerns but also the many years of extensive rehabilitation, lack of income, and emotional trauma that follow. Below is a breakdown of the various financial, physical, and emotional damages that might apply to your claim.
Medical Care
Catastrophic injuries can range from brain injuries to spinal injuries, severe burns, and amputations, just to name a few. Immediately following the injury, victims may undergo multiple surgeries, stay in the ICU for extended periods, and face months of hospitalization. Once their condition is stabilized, most catastrophic accident victims will still need long-term care for many years, especially if their injury comes with physical or cognitive disabilities.
When calculating the value of a catastrophic injury claim, any settlement or court award should account not only for past and present medical expenses but also for all anticipated medical costs over a lifetime, including careful consideration of inflation and cost-of-living increases.
Lost Income and Career Disruption
Many catastrophic injury victims are left with long-term disabilities that prevent them from returning to their former jobs, if they are able to return to work at all. A construction worker who suffers a traumatic brain injury may be permanently unable to perform any job that requires physical labor, while a software engineer who loses hand function in an accident may struggle to type or interact with technology. In some cases, individuals must retrain for an entirely new career, or they may need to rely on disability benefits and family support indefinitely.
This means that a potential settlement doesn’t just apply to the immediate financial hardships that come with losing a job due to an injury. Even when victims are able to eventually return to work, they may still be facing lost future earning capacity, diminished job prospects, and lost retirement contributions.
Long-Term and In-Home Care
Those who have suffered from catastrophic injuries often need help performing daily activities, such as eating, getting dressed, and bathing, and the cost of this assistance can add up significantly over the course of the person’s lifetime. They will also typically need to make home renovations to improve their quality of life, such as installing ramps and accessible bathrooms. In more severe cases, or for victims without family members who can see to their needs, moving into an assisted care facility may be the only viable option.
Emotional and Psychological Costs
Lastly, the emotional and psychological hardship that victims of catastrophic injuries face following their accident and throughout their lives cannot be overstated. Most individuals who have suffered a catastrophic accident suffer PTSD, depression, anxiety, and a deep sense of loss for their former lifestyle and independence. In many of these cases, relationships may become strained, marriages can falter under the pressure, and individuals may withdraw from their communities due to feelings of shame or hopelessness. Because of this, victims can often pursue compensation not just for the cost of mental health therapy but for the emotional hardship itself.
Are Catastrophic Injury Cases Hard to Win?
As we’ve gone over, catastrophic injury cases are typically worth a significant sum due to the level of damages that victims endure. Because of this, it’s not uncommon for insurance companies to challenge the value of the settlement in order to save themselves money. They may also try to employ other unethical methods, such as waiting as long as possible to offer you a settlement, hoping you will accept out of desperation, even if it isn’t enough to meet your needs. In some cases, they may even attempt to shift a portion of the blame for the accident onto you in order to reduce a potential payout.
Sadly, proving the extent of the damages falls on you as the victim, which is why it’s important that you work with a catastrophic injury lawyer. A lawyer can help you calculate the true value of the claim and advocate for you during settlement negotiations.
How Do You Win a Catastrophic Injury Case?
Winning a catastrophic injury case often comes down to the strength of your evidence and how effectively it is presented. You’ll need evidence that clearly shows both the extent of your injuries and who was responsible for causing them. Again, working with a lawyer gives you the best chance at doing this successfully.
Catastrophic injury attorneys often have a network of medical and accident experts that they can call on to look at the extent of the injuries and help build a clear case for liability. They can also subpoena records, witness testimony, and surveillance footage so that there is no question regarding your right to a fair settlement.
How to Choose the Best Catastrophic Injury Lawyer
While there are thousands of personal injury attorneys in any given state, not every lawyer is going to be a good fit for your catastrophic injury lawsuit. A good place to start your research is by looking at online reviews, client testimonials, as well as case results online.
When you have a few viable options, reach out to each law firm for a consultation and consider bringing a list of questions and a pad for notes. During your consultation, inquire about the firm’s practice areas and whether or not they’ve handled catastrophic injuries before. If so, ask for examples based on your specific injuries. For instance, if you are suffering from a TBI, ask if they have litigated TBI cases and what the results of the case (or cases) were.
Finally, it’s also a good idea to get a clear picture of their communication style and fee structure. If you’re having a hard time getting in touch with an actual lawyer in your consultation or if they are dodgy on questions about their fees, this may be a sign to look elsewhere for legal representation.
Don’t Leave Any Aspect Of Your Claim to Chance
Simply put, catastrophic injury cases are not built the same as other types of personal injury cases. When victims of a catastrophic injury (or the insurers evaluating their claim) miscalculate their damages, it’s more than just a financial setback; without a fair settlement, it could mean that they do not have the funds to get life-saving care.
Beyond the benefits of having a catastrophic lawyer to accurately calculate your damages, hiring one means that you are able to get the support you need in what is likely to be one of the most traumatic experiences of your life. A lawyer can not only provide you with advice and answers to any questions you may have about the personal injury process, but they will also work tirelessly on your behalf to compile evidence and advocate for your rights and fair treatment every step of the way.
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