Expertly Reviewed By: Serah Waweru, Esq., on April 12, 2023
Getting injured in an accident is usually the last thing most people wish for when going about their day-to-day activities. But unfortunately, some of these accidents occur due to negligence. And when that happens, the best thing to do is to hire an experienced catastrophic injury lawyer.
These attorneys strive to get the best possible outcome for their clients by using legal strategies such as negotiation or litigation. In addition, they tend to understand the complexities of catastrophic injury law and how difficult it can be for plaintiffs to navigate the legal process without much-needed legal guidance and assistance.
This article explains everything you need to know about catastrophic injuries.
What Is a Catastrophic Injury?
Simply put – a catastrophic injury is the kind of injury that is considered extremely serious and has a significant impact on the victim’s health and well-being. As a result, such injuries usually require extensive treatment. In addition, some catastrophic injuries may lead to partial or permanent disabilities, depending on their severity and the affected body parts.
Who Is a Catastrophic Injury Lawyer?
A catastrophic injury lawyer is a type of attorney who handles cases involving catastrophic injuries and long-term care. These claims involve severe, life-altering injuries and require intense medical treatments, lengthy hospital stays, and a lifetime of medical care.
This article will further define and discuss the role of a catastrophic personal injury lawyer, specifically what they do to help their clients achieve justice and seek fair compensation.
We will also answer some frequently asked questions about catastrophic injury attorneys.
So, without further ado, let’s dive into the details.
When Do I Need a Catastrophic Injury Lawyer?
Certain types of injuries are so severe that they can be classified as catastrophic. These types of injuries usually result in permanent damage or death. If you have suffered a catastrophic personal injury, you will need to hire a lawyer specializing in this type of law.
This is because catastrophic injuries are complex to treat. In addition, some of these injuries may also lead to permanent or partial disabilities.
Keep in mind that insurance companies do not always play fair. Instead, they will try to blame you for the catastrophic injury to avoid liability. Other insurance providers will try to settle the case for less than what you deserve.
And when it comes to catastrophic injury settlements, it is important that you fight for maximum compensation. That is where an attorney comes in to provide the legal support and representation you need to file a successful claim or lawsuit.
When you have a catastrophic injury attorney, chances are the other party will agree to negotiate. This is because they know that your attorney has your best interests and will do everything to ensure you receive fair compensation.
What Are Some Catastrophic Injury Examples?
Individuals who suffer a catastrophic injury may be left with permanent physical or cognitive impairments. These impairments can make it difficult or impossible for the victim to return to work or live independently.
Some of the most common types of catastrophic injuries include:
- Traumatic brain injuries
- Spinal cord injuries
- Amputations
- Burns
- Severe organ damage
What Causes Catastrophic Injuries?
There are many ways that a person can suffer a catastrophic injury. Some of the most common causes of these injuries include but are not limited to the following:
- Car accidents
- Slips and falls
- Workplace accidents
- Medical errors
- Sports and recreational activities
What Are the Qualities of a Good Catastrophic Injury Lawyer?
While there are many important qualities to consider when looking for a lawyer to handle this kind of case, here are some of the most important.
Communication
A good catastrophic injury lawyer should have excellent written and verbal communication skills. To put things into perspective, the catastrophic injury attorney should be able to communicate effectively with their clients, opposing counsel, and insurance companies.
Organizational Skills
In addition, a good catastrophic injury lawyer should be highly organized and detail-oriented. You need an attorney who can keep track of all the details of their client’s cases and manage a large caseload.
Commitment
Lastly, a good catastrophic injury lawyer should have a strong commitment to their clients and their case. The last thing you want is an attorney who will put your case on the back burner when you need someone to fight for you aggressively in and out of court. In short, they should be willing to fight for their client’s rights and get them the compensation they deserve.
Resources
Catastrophic injury lawsuits and claims usually involve massive amounts of settlement if the injured individual has a valid case against the negligent party. However, to win such a case, you need a lawyer with powerful legal resources to help build a strong case on your behalf.
Remember, due to the risks involved in losing such a lawsuit, it is likely that the other party will hire attorneys to fight for them in and out of court. If they know how important it is to hire an attorney, so should you.
Results
It is important to hire an attorney with experience winning such cases. This is because the primary goal of a personal injury claim or a lawsuit is to obtain compensation for the injuries sustained. Therefore, in such cases, results matter.
Reputation
Before hiring a catastrophic injury attorney to represent you or your beloved in a claim or lawsuit, you should consider their reputation. Find out what their previous clients say about their legal services. Reading online reviews is also a great way to learn more about an attorney’s reputation. If the reviews are mostly positive, chances are they will be able to fight for you.
How Much Does a Catastrophic Injury Attorney Charge?
A catastrophic injury attorney typically charges a contingency fee, which means that the attorney’s fees are paid as a percentage of the settlement or verdict obtained for the client. The industry standard for contingency fees is one-third of the total recovery. However, the percentage can vary depending on the attorney’s experience and reputation, the severity of the injuries, and the amount of work required to obtain a favorable outcome. In some cases, attorneys may charge an hourly rate for their services. Ensure you find out how much the attorney will charge to handle your case and the exact payment system to avoid any confusion.
Do I Need To File a Catastrophic Injury Lawsuit, or Should I Settle Out of Court?
If you have suffered a catastrophic injury, you may be wondering whether you should file a lawsuit or settle out of court. There are several factors to consider when making this decision, as discussed below.
The severity of your injuries: If your injuries are serious and will have a long-term impact on your life, you may want to consider filing a lawsuit. This is because a lawsuit will allow you to recover compensation for your medical expenses, lost wages, pain and suffering, and more.
The liable party: If the individual or company responsible for your injuries is clearly at fault, you may want to file a lawsuit. This is because it may be difficult to negotiate a fair settlement with the liable party if they do not believe they are at fault.
The statute of limitations: The statute of limitations is the deadline for filing a lawsuit. In most states, the deadline is two years from the date of the accident. If you wait too long to file a lawsuit, you may be barred from doing so.
Your own preferences and goals: Some people prefer to settle their cases out of court because they do not want to go through the stress of a trial. Others prefer to take their case to trial because they feel it is the only way to get justice. Therefore, you should decide what is best for you based on your preferences and goals.
The other party’s conduct: If the liable party refuses to cooperate throughout the catastrophic injury settlement negotiation process, you will likely need to file a lawsuit against them. Suppose the case goes to court, and you win. In that case, the liable party may be required to settle your legal costs, something most defendants would rather avoid by settling out of court.
What Is the Average Catastrophic Injury Settlement?
Catastrophic injuries are some of the most severe and debilitating injuries a person can suffer. They often result in permanent disability or death and can profoundly impact the victim’s quality of life. So if you or your beloved has been catastrophically injured due to the negligence of another, you may be entitled to compensation for your losses.
The average settlement for a catastrophic injury claim can vary widely depending on the facts of the case and the severity of the injuries involved. However, settlements in these cases typically range from several hundred thousand dollars to millions.
That said, some key factors that could influence catastrophic injury payment include the following:
- The plaintiff’s contribution to the injury
- The steps the plaintiff took to after the injury
- Insurance policy limits
- Whether or not the plaintiff has legal representation
- The weight of evidence against the defendant
Who Can I Sue for a Catastrophic Back Injury?
Yes, you can sue for a catastrophic back injury. However, in order to sue for a catastrophic back injury, you must be able to prove that the injury was caused by someone else’s negligence. To increase your chances of winning, you will need to hire a lawyer specializing in such cases.
Depending on the circumstances of your case, the attorney can help you prove the following key elements of a catastrophic injury lawsuit or claim:
- The defendant owed you a duty of care
- The defendant breached their duty of care
- The plaintiff was injured due to the defendant’s breach of duty of care
- The plaintiff suffered damages due to the injuries sustained
What Is the Statute of Limitations for Filing a Catastrophic Injury Lawsuit?
The statute of limitations for filing a catastrophic injury lawsuit depends on the state where the accident occurred. In some states, the statute of limitations is as short as one year from the date of the accident. In other states, the statute of limitations is two years or more from the date of the accident.
Suppose you have been involved in an accident that resulted in a catastrophic injury. In that case, it is important to contact an experienced personal injury lawyer as soon as possible. A personal injury lawyer can help you understand your legal rights and options and can fight for the compensation you deserve.
Summary
A catastrophic injury lawyer is a specialized type of attorney who focuses on cases involving severe injuries that can result in permanent disabilities or death. These attorneys are knowledgeable about the legal rights and remedies available to those injured by someone else’s negligence, and their experience gives them the tools to fight for maximum compensation for clients.
Suppose you may have suffered a catastrophic injury due to another person’s negligence. In that case, it’s important that you contact an experienced devastating injury lawyer as soon as possible.
Although you may be able to file a claim or lawsuit without legal assistance, hiring an attorney significantly improves your chances of winning. Bear in mind that most personal injury cases settle out of court, and the amount of compensation you may be able to recover will depend on the strength of your case and your attorney’s negotiation skills.
A competent catastrophic injury attorney should be able to fight for you and ensure you receive fair compensation for your injuries and damages.
