Catastrophic injuries and how your accident attorney can help

Published: May 4, 2022
Catastrophic injuries and how your accident attorney can help
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Did you sustain a disabling or severe injury from an accident?

If yes, it may be better to file a catastrophic injury case instead of a regular personal injury claim. After all, you may need more compensation to support your medication and income loss due to the injury.

However, you must prove you indeed sustained a catastrophic injury and that the accident had resulted from negligence. Thus, read on and check if you qualify for this injury claim.

What is a Catastrophic Injury?

An injury is generally catastrophic if it leads to death or severe permanent disability, like:

  • Spinal injuries leading to paralysis, among other conditions
  • Brain injuries
  • Amputation or loss of limb
  • Traumatic bone injury
  • Severe burn or disfigurement

These conditions significantly affect a person’s life by causing severe limitations and psychological distress.

For example, spine injuries may cause paralysis preventing a person from working full-time. The victim may require special workplace assistance, reduced working hours, get a to a different job position, or completely stop working.

Another example is when a person suffers from severe facial burns. While they may still be able to move physically and function, the psychological trauma could cause severe anxiety and depression. This condition could also prevent an employee from working full-time.

These catastrophic injury consequences may require ongoing medical expenses and cause significant income loss. You thus have to claim compensation for your devastating injury to help you financially. And remember to hire an accident attorney to optimize your claim.

Proving Catastrophic Injuries When Claiming Compensation

To get the compensation you deserve, you must prove to the court that the accident had caused catastrophic injuries to you.

Here are the crucial points that will help you:

Establish that the Injuries Resulted from Negligence

First, you must prove that your injuries resulted from the defendant’s negligent or malicious actions by establishing these factors:

  • The defendant had a duty of care to keep you safe.
  • They breached the duty of care even if they could avoid the harmful action
  • They harmed you after breaching the duty of care
  • Their action caused you to suffer from injuries and damages.

For example, you may file a case against a car driver who made an illegal u-turn and hit your vehicle. And you sustained catastrophic injuries from the accident.

The other driver owed you a duty of care to keep you safe on the road, but they had breached it by committing a negligent action.

On a side note, the cause of your injury doesn’t only have to be an accident. An example is when a surgeon committed medical malpractice and caused severe injuries to a patient. The patient can also sue the doctor.

Prove the Extent of Your Catastrophic Injury

Next, prepare enough evidence to prove you are suffering from catastrophic injuries, like:

  • Medical diagnosis
  • Medical report
  • Bills like treatment, medicine receipts, and surgery costs
  • Photographs
  • Witness statement
  • Personal journal

The medical documents will prove your injury and health condition to the court. You only need to take an immediate medical evaluation within 48 hours after the accident to show that you need urgent treatment. Always remember that delays in a medical assessment can damage your case.

Besides, you must also show how the condition reduced your quality of life each day.

For example, witness statements from your family can prove that your injuries make you unable to complete simple daily tasks. You may also take pictures of your injuries and keep a daily journal about your condition.

Hire an Accident Lawyer

Hiring an accident attorney is crucial for any personal injury case as they can help you in particular ways like:

  • Investigating the accident that caused your injuries
  • Proving the extent of your catastrophic injury
  • Calculating and optimizing the compensation you deserve
  • Preparing all documents and evidence to support your case
  • Communicating with the defendant’s insurance carrier on your behalf
  • Representing you in court

Remember that catastrophic injury compensation can reach more than a million dollars, depending on the case. Hiring a lawyer is thus worth paying for as you can collect significantly more benefits than filing without a legal representative.

Hire an Accident Attorney for Your Catastrophic Injury Claim

A catastrophic injury could change your life and severely limit your abilities to complete different tasks. Thus, claim the compensation you deserve to help with your financial difficulties while facing a catastrophic disability.

An accident attorney can help you win your case and claim your deserved benefits.