Compensation Options for a Catastrophic Injury

The damages incurred with catastrophic injuries are often greater than the standard personal injury incurred in the normal accident, and the compensation possible is usually more as well. Knowing what possible awards may occur, the injured party can plan ahead and ensure that various bills receive the payment necessary.

Catastrophic Injuries Explained

The injury that becomes defined as “catastrophic” usually happens through accidents such as collisions on the road, falls, explosions, falling objects, severe trauma, or getting squashed. The harm usually places more serious damage to the injured party’s neck, back, spine or head. These injuries can cause permanent or temporary disability. The most serious injuries can result in death or permanent disability. To increase a claim’s strength, the victim will need to hire a lawyer after the injury has occurred.

Claims for Catastrophic Injuries

Although the damages can be grounds for a claim, it’s important to understand how to file and who you should contact. A catastrophic injury can cause severe injuries to a person. This could be due to defective equipment, unsafe products, or an accident caused by the other driver. These injuries can be fatal for motorcyclists, pedestrians, and employees who are injured by a company, entity, or another party. Although a lawyer is not usually necessary, he or she may be able to help determine the potential compensation.

Calculating Damages

A lawyer can help victims of catastrophic injuries or hire another expert to calculate the damages. The lawyer will need to combine the various issues once he or her realizes what they should include. If the current medical treatment requires additional medication or therapy, the damages could increase. Permanent disability can lead to an increase in a claim, as well as any necessary corrective surgery that becomes important in the future.

Measuring Loss

Catastrophic injuries are usually caused by loss of sight or hearing or of a limb. These issues usually result in a higher settlement. Another loss is caused by trauma or medical procedures, such as suffering or pain that becomes chronic. This can lead to a decrease in quality of life for the victim, which usually results in a claim for compensation. Part of the compensation is used to restore mobility, to remove impairments, and to aid someone recovering from long-term disability. Corrective actions may include furnishing the victim’s home and providing tools and medical equipment for daily living.

The Various Damages in the Claim

A lawyer will usually need to calculate the damages for compensation awards, but there are some that remain standard in catastrophic injury cases. These include the current and any future medical costs along with medication and therapy. Physical therapy, in-home medical care, nursing assistance and future procedures all add up. Then, the pain and suffering during the entire ordeal is significant and usually increases the claim greatly. The victim could end up not being able to work and their potential to earn a living in the future could be at stake, along with any promotions, various leave days and upward momentum in a company they could have. The decrease in the quality of life is often permanent.

Other damages include the actual loss of quality of life due to motor skill loss, psychological trauma, emotional distress and depression, as well as the loss of daily living and chores. The amount of compensation required for damages to household services may be higher. A lawyer will have to take into account both the tangible and intangible damages. When calculating the value for a claim, the lawyer will have to consider more factors the more severe the injury. The claim could be modified to help the family whose catastrophic injury results in death.

Legal Support for Catastrophic Injury Claims

A lawyer is essential in catastrophic injury cases because he or she will have to do all the work without the assistance of the victim when the victim is in surgery or is undergoing treatment. Sometimes, the legal professional will need to engage other professionals to help with settlement negotiations.

Updated 12/9/2021