For this reason, catastrophic injury cases require careful planning, resources, and relentless advocacy from a catastrophic injury law firm. It starts with legal liability:
At trial, will a preponderance (greater weight) of the credible evidence show that the other party proximately caused the occurrence in question?
Are there any aggravating circumstances which add value to the case (e.g., drugs, alcohol, prior crashes/incidents, other red flags, etc.)?
Was the other driver (or actor) acting within the course and scope of any employment?
A catastrophic injury is a severe injury resulting in one of the following:
Most catastrophic injuries are caused by traumas such as motor vehicle accidents. They can also be caused by workplace accidents, accidents on other people’s property, and issues during birth.
To be considered a catastrophic injury, it must be an injury catastrophic enough to severely impact the injured party’s life.
There are many types of catastrophic injuries that catastrophic injury victims may seek compensation for when making a catastrophic injury claim. Types of catastrophic injuries range from broken bones to head trauma. These severe injuries typically cause long-lasting or lifelong disabilities. Several examples of catastrophic injuries are discussed below.
The loss of one of your senses is often an injury catastrophic enough to severely impact your life. These injuries can be caused by many types of incidents, and they often lead to a personal injury case. The injured victim may be left with a severely impaired sense of sight or substantial hearing loss impacting their daily lives. Contact a personal injury attorney if you believe the loss of your hearing or sight may warrant opening a catastrophic injury case.
Spinal cord injuries can lead to lifelong disabilities such as paralysis or loss of function in one or more limbs. Spinal cord injuries are common catastrophic injuries that may be caused by an accident or a birth injury. This type of serious injury is sometimes caused by head and neck injuries.
A traumatic brain injury can severely impair your cognitive function and lead to impairments of your physical function, too. Skull fractures and head trauma may lead to a traumatic brain injury. It’s a type of serious injury that will typically impact you for the rest of your life, so you may be able to file a personal injury claim. Traumatic brain injuries can be present on their own or alongside other serious injuries.
Birth injuries are a type of catastrophic injury sustained during birth. They may be caused by medical negligence during birth. The catastrophically injured child may have the trajectory of their life changed by the injury.
The parents of babies who sustained serious injuries during birth may make a personal injury claim, but the child may also make a claim for themselves once they turn 18.
Birth injuries can result in both physical disabilities and traumatic brain injuries.
If a severe personal injury leads to amputation, then this may be classed as a catastrophic injury. Sometimes a body part may be amputated in the accident itself, too. The loss of a limb can impact your life in many ways even if you learn to adapt your day-to-day life to accommodate your new disability.
Nerve damage can impair your motor function, making certain aspects of daily life harder to lead unaided. Sometimes nerve damage can even cause catastrophic injuries such as paralysis, blindness, and other disabilities, depending on which nerves were damaged.
Severe disfigurement due to a scar, burn, or something else can be classed as a catastrophic injury. These types of catastrophic injuries may impact your mental health for the rest of your life, and sometimes they can impair certain aspects of your physical function. For example, if you have a heavily scarred hand, then the mobility of that hand may be limited. Disfigurement may cause issues that can be classed as catastrophic injuries in themselves.
In the long-term, there might be a need for in-patient/out-patient care, surgeries, physical or cognitive rehabilitation, doctors, specialists, nursing care, imaging studies, lab work, medical equipment, medications, or 24/7 care in some cases. In addition, home modifications may be required to accommodate a wheelchair or make the bathrooms more handicap accessible. A new or modified family car may also be required to help a patient get to and from their doctor’s office.
Understanding what a patient will need in the future requires bringing in the right experts –physical medical and rehabilitation (PM&R) doctors, life-care planners, and economists. Our catastrophic injury lawyer at Brian C. Gutierrez can assist with planning out the steps necessary.
A catastrophic injury is defined as an injury that is catastrophic in nature, meaning it can have immediate and long-term effects that require significant medical attention and rehabilitation. A catastrophic injury commonly may include a traumatic brain injury (TBI), spinal cord injury, amputation, severe fractures or burns, impairment of sight or hearing, paralysis, resulting disability or death. In the event of a catastrophic injury, it is essential to seek a qualified catastrophic injury attorney. Individuals who live in Bryan, TX and are dealing with catastrophic injuries should contact a qualified catastrophic injury lawyer with localized expertise to ensure they obtain maximum compensation.
Catastrophic injury lawsuits require serious legal representation provided by an experienced personal injury lawyer in Bryan, TX. This type of lawyer handles personal injury cases that involve serious or lasting injuries such as paralysis, traumatic brain injuries, burn injuries, loss of a limb from amputation, and serious eye injuries. A serious injury attorney will work diligently to gather evidence and fight for the compensation you deserve. They will also be well-versed in negotiations with insurance companies and represent you in court if necessary. In some cases, a catastrophic injury attorney may even enlist the help of expert witnesses to help validate your claim. If you have been injured due to someone else’s negligence, it is important that you seek out legal representation from an experienced serious injury attorney in Bryan, TX who can ensure maximum compensation for your losses.
A catastrophic injury attorney represents clients who wish to recover compensation and have a personal injury case they need help with. Catastrophic injury attorneys often represent clients with all different kinds of injuries.
If you believe you may have a catastrophic injury case, then you should contact a personal injury attorney to see if you may be able to make a claim. From there, the catastrophic injury lawyer will give you advice and may take on your case.
Catastrophic injury lawyers generally begin building your case once they’ve decided to help you pursue compensation. Their goal is to prove that you have a catastrophic injury and that somebody else caused it.
Catastrophic injury attorneys generally guide you through the claims process, help you gather the necessary evidence to recover compensation, and calculate what you may be entitled to in damages. If you can’t settle your claim outside of court, then your attorney will represent you at trial if they feel it’s the best move for your case. The vast majority of cases regarding catastrophic injuries manage to settle without going to trial.
Finding an experienced lawyer to represent your case will significantly increase your chances of recovering compensation after your accident. The majority of law firms will offer you a free consultation with an attorney who has a proven track record of success representing clients with catastrophic injuries.
What kind of compensation you can recover after sustaining a catastrophic injury varies depending on the cause of your injury. Common causes of catastrophic injuries include car accidents, truck accidents, work accidents, or accidents on somebody else’s property.
Below are some of the kinds of compensation you may recover in various types of personal injury cases:
Medical bills can stack up after an injury, so you’ll most likely be reimbursed for your medical expenses. Keep copies of all medical bills, and speak to your doctors about any future medical expenses for the cost of treating a long-term injury or permanent disability.
If it’s going to take multiple surgeries to fix or treat an injury, if you require physical therapy, or if you’ll be on medication for the rest of your life to treat chronic pain, then the liable party’s insurance company may have to cover the estimated cost of future treatment. The costs will usually be factored into your settlement.
If your injury has led to you needing to take some time off work, then you may be reimbursed for your lost income. You may be reimbursed for the time you’ll have to take off work in the future to attend appointments or rehab, too.
Those unable to return to full-time work will generally have their lost earning potential reimbursed, too. Recovering this future lost income can be excellent financial support for you going forward.
People injured in workplace accidents may also receive Workers’ Compensation.
If some of your property was damaged in the accident, then you may recover compensation for this. For example, if you were in a car wreck, then you may be reimbursed for the value of your car or the cost of repairing your vehicle.
You may be reimbursed for any emotional suffering you’re enduring or will have to endure due to your injury or disability. Injuries such as a spinal cord injury, paralysis, or even ongoing pain can lead to substantial emotional suffering.
Emotional damages are typically paid out as part of your non-economic damages, which are damages where financial compensation is given for your emotional suffering, loss of quality of life, and other non-tangible things.
Pain and suffering damages often cover a wide array of different situations, so speak to your attorney about the types of pain and suffering damages you could win. The liable party’s insurance company may have to pay out a substantial sum if your catastrophic injury has severely impacted your life.
If somebody was killed in an accident or lost their life due to catastrophic injury, then surviving family members may be able to make a claim on behalf of the loved one. You may be reimbursed for your loved one’s medical care, funeral expenses, lost earning potential, lost benefits, lost inheritance, and more. Loss of consortium may also be awarded in a wrongful death claim.
Punitive damages may be awarded if legal professionals can prove there was intentional wrongdoing involved in the accident that led to the catastrophic injury. You may also be awarded damages if your attorney can prove gross negligence caused the accident.
Your attorney will need to collect evidence if you’ve sustained a catastrophic injury and you wish to recover compensation. Your attorney may discuss what kind of evidence you need with you during your initial consultation, and they’ll likely talk you through what’s needed to build a strong claim. Below are some types of evidence that may help you build a catastrophic injury case.
A copy of the police or accident report is usually required to start building your case. The police will usually have copies of the accident report. You, your attorney, relevant insurance adjusters, the at-fault party, and generally anyone else involved in the case can usually request a copy of the accident report.
Accident reports typically contain a lot of helpful information about the accident. The report could be very helpful for your legal team when seeking fair compensation on your behalf.
Your medical records may be used to prove your injuries didn’t exist before the accident. The records may also be used to show that you received medical care so you can be suitably reimbursed for your medical costs. You may have to undergo a medical assessment by a doctor or another medical professional you haven’t met before to prove that you sustained injuries in the accident. The injuries you sustained must have required medical attention for you to be reimbursed.
Statements from people who witnessed the accident may be helpful. The statements may help piece together a timeline of what happened coming up to the accident, and they may help when your attorney is trying to determine liability.
Your loved ones may act as witnesses and testify regarding how your life has been severely impacted by your injury which is considered catastrophic, too.
Expert witnesses, such as accident reconstructionists, may be summoned to help piece together an accurate timeline of events before, during, and after the accident.
If you’re able to get video footage of the accident scene or of the accident itself, then that will likely be very useful evidence. Video footage may include footage from dash cameras in your car accidents, security cameras, traffic cameras, and so on. Photographs of the accident scene will typically be used, too.
If the liable party’s vehicle had vehicle modifications that may have caused the accident, then proof that these modifications were made may be used to help build your case. Anything and everything that helps show the other party’s liability may be used.
If your accident was caused by a government agency’s negligence, such as the failure of the government agency to properly maintain a road, then maintenance records may be checked to see if the agency kept up with road maintenance.
If you were in a trucking accident, then the trucking company may be investigated to see if their drivers were fully trained, the trucks were properly maintained, and the company’s policies showed they were following federal guidelines.
If you were involved in a workplace accident, then your workplace may be investigated to see if safety and security measures were being followed. If proper measures were being followed, then it may prove that your employer was liable for the accident that caused your injury.
Have you experienced a catastrophic injury and are looking to recover compensation? Contact Brian C. Gutierrez at 979-271-5338. We may be able to help you pursue maximum compensation for your damages. Working with us may help you recover a fair settlement, so get in touch for a no-obligation consultation if you wish to seek justice.
If you or a loved one had the great misfortune of being involved in an incident causing serious injury, our serious injury attorneys understand, and our catastrophic injury law firm can help. Call Brian C. Gutierrez, PLLC immediately at (979) 701-2658. We are available 24/7. Our catastrophic injury attorneys have experience pursuing these types of cases. Our catastrophic injury lawyers in Bryan can act quickly to secure the evidence before it is destroyed and hire the right experts to attain the highest possible recovery for you and your family.
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