Catastrophic injuries are called such because of the huge impact it has on the lives of the individual suffering from it. Among the most common conditions considered to be catastrophic injury include head trauma, multiple bone fractures, accidental amputation, organ damage, brain injury, spinal cord and neurological disorders, and more.
Because of the severity of the injury, the victim’s quality of life is therefore diminished significantly, having lost mobility and function of limbs and organs. In many cases, these injuries become permanent, which means creating additional weight on the shoulder of the victim and their respective families in terms of affording the cost of life-long care.
This is why it’s important to get relief by claiming compensation with the help of a catastrophic injury lawyer. While you may not immediately realize it, a catastrophic injury is actually something that you could bring to court.
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Filing a Catastrophic Injury Lawsuit
Under the Catastrophic Injury Law, it must be proven that the injury was caused by the negligence of another. It could also be a deliberate act with the intention to harm, or a consequence of a defective or dangerous product.
Technically speaking, a catastrophic injury is a type of personal injury. What will be relevant to the case, therefore, is evidence that the victim did exercise due diligence and care, but that despite these cautionary steps taken, they still suffered a catastrophic injury because of somebody else’s recklessness.
The claim for compensation should therefore cover a variety of factors impacted by the injury, including medical bills, lost income and lost future wages, mental anguish, pain and suffering, permanent disability, and emotional distress damages that the victim and their loved ones are experiencing as a result of the injury.
How Can A Lawyer Help
If you still haven’t seriously considered filing a lawsuit, you should seriously start considering it to get the recompense rightfully due you. Understandably, many are hesitant to get the ball rolling on a lawsuit because of the amount of work involved. Then again, that is precisely why you should hire a lawyer.
The first thing you should expect is to have a consultation about your situation. Although you may think that catastrophic injury cases follow the same flow in court, context will always be crucial.
During the consultation, it is highly recommended that you give your lawyer a clear picture of what exactly happened, to the best of your ability. It’s not only so they could understand how the injury occurred, but also for them to be able to anticipate how the other party may react.
If there are any witnesses to the incident, their cooperation may be relevant to your case, and so must be contacted immediately. It could be a companion, a bystander, or a first responder who had a close encounter with you at the earliest possible point of time following the incident.
Medical records of your emergency treatment, as well as a succeeding diagnosis from your doctor, will also come in handy as a crucial part of the evidence. All of this takes a lot of legwork, which is why you’re much better off leaving it in the hands of your catastrophic injury lawyer.
They will also take care of making sure you file all the necessary documents within the prescribed deadline, so you don’t miss out on your opportunity to be heard in court. Most importantly, they can help you determine the right amount of compensation that you would like to claim. In some instances, the defendant would instead try and negotiate for a settlement. This is not necessarily a wrong option, but it is highly recommended that you approach this with utmost care.
Again, your lawyer’s presence would be a big help in this case, because they can ensure that the offer you are being given is just and fair considering the type of injury you sustained. Get focused on getting well, and not worry about these legal requirements. Hire a catastrophic injury lawyer so you can get the compensation and peace of mind that you and your loved ones deserve.