Catastrophic injury cases leave survivors facing significant medical bills, permanent decreases in earning power, and long-term healthcare needs, in addition to intense emotional and mental distress and similar non-economic losses.
No one plans to become the victim of a catastrophic injury, which is why so few people consider what may happen to them and what they should do if they were to suffer such harm. Nevertheless, appreciating the more unique characteristics of catastrophic injury cases can help you make more informed decisions about what to do should you become the victim of one.
How Catastrophic Injury Cases Differ From Other Injuries
The following five aspects of catastrophic injury cases underscore the distinct challenges they present to victims recovering from them:
1. Their Consequences Are Lifelong
Catastrophic injuries often leave victims with some form of permanent impairment or disability. Brain injuries, for instance, can impact your memory and behavior; losing an arm or a leg can affect your ability to return to physical work, and the mental and emotional trauma associated with both can permanently affect your quality of life.
Therefore, when seeking to recover damages following a catastrophic injury accident, you must consider not just your immediate expenses but those you are likely to face in the future. Failing to do so can lead to future financial problems as you struggle to meet your needs while dealing with a permanent impairment.
2. Determining Liability Can Be Complex
Understanding and proving liability in catastrophic injury cases can be significantly more complicated than in other personal injury situations, in large part because there can be numerous people whose actions all played some role in causing or contributing to the severe harm you sustained.
Physical evidence from the accident scene, medical records from your providers, and expert witness testimony are all necessary in most catastrophic injury lawsuits. Without a skilled catastrophic injury attorney by your side, you would need to identify and secure the evidence you need to obtain compensation on your own.
3. Their Costs Go Far Beyond Medical Bills
When you consider the true cost of catastrophic injuries, it becomes clear that your medical bills are just the tip of the iceberg. A catastrophic injury can leave you unable to work, which will impact your earning capacity for the rest of your life. It could also affect your family’s finances if someone must remain at home to care for you instead of working full-time.
Furthermore, catastrophic injury victims can suffer from anxiety, depression, and post-traumatic stress disorder (PTSD). The effects of these (and similar) conditions can greatly impact a victim’s quality of life, representing yet another unseen cost.
An experienced catastrophic injury lawyer is often needed to help victims understand their cases’ full worth.
4. Legal and Practical Issues Can Be Complicated
Catastrophic injury claims often lead to difficult legal battles, especially with regard to liability and insurance coverage. For example, Florida’s PIP insurance statute, which applies in car accident cases, requires injured drivers to seek compensation from their insurers after most wrecks. Only if a victim’s injuries meet the statutory definition of a significant injury will they be permitted to seek compensation from the at-fault driver.
5. Having the Right Legal Counsel Can Make a Significant Difference
Lastly, victims of catastrophic injuries who seek compensation can experience a more positive outcome if they have help from a seasoned catastrophic injury lawyer. Attorneys who regularly handle these cases can advance a victim’s claim while allowing the victim to focus on their recovery.
Look for an attorney with significant experience recovering compensation for victims of catastrophic injuries through settlements and verdicts. They should also have sufficient staff and resources to devote to your case. Choosing an inexperienced or ill-equipped lawyer can jeopardize your case’s chance of success.
FAQ
What Is a Catastrophic Injury?
The primary distinction between a catastrophic injury and other forms of physical harm is they often leave the victim with some long-lasting or permanent impairment to their physical health or mental well-being. It is something that significantly impairs a specific bodily function, the use of a body part or organ, or that results in severe disfigurement or scarring.
What Makes a Catastrophic Injury Lawsuit Complex?
Accidents that leave you with catastrophic injuries are often the result of multiple individuals’ or entities’ actions. However, identifying the liable parties who have the resources to pay you the compensation you deserve can be challenging. Further still, those responsible for causing such injuries have a strong interest in paying victims as little as possible. All of these features make these injuries and legal claims complicated.
What Is the Average Settlement for a Catastrophic Injury Case?
There is no reliable figure that represents an “average” settlement, as catastrophic injury cases are unique and fact-specific. Any settlement or verdict should take into account a victim’s present and future medical needs, their short- and long-term earning potential, and the impact of the injury on their personal and professional life.
What Damages Can I Receive Through a Catastrophic Injury Lawsuit?
A successful catastrophic injury case can provide you with compensation to address your present and future medical bills, lost wages, decreased future earning potential, and other economic losses. You can also pursue damages for your emotional and mental suffering.
Contact Ratzan Weissman & Boldt Today
If you have suffered significant harm in an accident and suspect you have catastrophic injuries, time is not on your side. Florida law gives you two years from the date of your accident to take legal action. Any delay can jeopardize your ability to secure the financial compensation you and your family need to move forward.
Reach out to Ratzan Weissman & Boldt immediately after your accident. Our firm’s caring and experienced catastrophic injury attorneys will work diligently for you and your legal rights.