Have you recently been struck in a pedestrian, bike, truck, or car accident? If you’re currently working through the legal process to recover compensation, our office may be able to help you fight for fair compensation. One aspect that can change the course of your PI claim is whether you have sustained a long-term or catastrophic injury. These cases can be extremely complex and require a personal injury lawyer who is familiar with catastrophic injury cases.
What Defines a Catastrophic Injury?
There is no 100% correct answer for what makes a catastrophic injury, which can make it hard to get the settlement you need when you file an injury claim. In general, injuries such as loss of limb, damage to the spinal cord, or damage to the brain/skull are considered these more serious conditions. These issues may lead to long-term severe functional disfigurement or disability and can require lifelong medical treatment, numerous surgeries, and long or painful recovery processes. If the injury has changed your life significantly and limited your daily life and mobility, you can speak to your California injury lawyer about what this means for your injury claim.
The government, when evaluating disability claims, looks at whether an injury is so serious that it prevents you from ever working again. However, how you present the lifestyle changes you’ve incurred or will face in the future will influence your claim of catastrophic injuries in a legal case.
In general, there are three main elements that influence whether you have a catastrophic injury:
- How the injury affects your ability to work.
- The presence, if any, of a long-term disability
- The extent to which you need help to complete basic life tasks
A knowledgeable lawyer can help you put together the narrative of how your injuries have affected your life.
Most Common Diagnoses Considered Catastrophic Injuries
Many types of injuries could be classified as catastrophic if they are severe enough and disrupt your life. However, there are some common injuries that can have far-reaching impacts for a victim of a car accident. Some common catastrophic injuries include:
- Brain/skull injuries (including skull fractures or TBIs)
- Organ damage
- Spinal cord injuries
- Severe burns (such as 3rd or 4th degree burns)
- Amputations
- Multiple bone fractures
If you survived a serious accident, you may have multiple catastrophic injuries, which can further complicate your recovery process. This can also increase the total of your medical bills. You may need multiple surgeries and treatment plans, each of which could come with time off work and painful recovery periods.
At the beginning of your legal claim process, you may not be able to calculate the full cost of treating your catastrophic injury. A lawyer can help you determine what your expected future costs are so you can ensure you push for a good settlement of trial outcome.
What Evidence Do I Need for a Catastrophic Injury Case?
Your medical records, any reports from the accident, videos, photos, and eyewitness statements are typically used in catastrophic injury claims. Depending on your case, your lawyer may also recommend gathering other evidence. Since you will be focused on getting treatment for your injuries, let your attorney handle the preparation of your case for settlement or trial.
Do I Need to File a Lawsuit?
When you notify your car insurance company about the accident, you might assume that they’ll make a settlement offer so you can move forward with your life. However, in the case of catastrophic injuries, it’s not always the case that you can simply resolve your issue at this point.
Catastrophic injuries, including multiple long-term injuries, complicate your case. You need a personal injury attorney familiar with these situations who can help you determine if a settlement offer is fair. In some cases, insurance companies may undervalue your claim. In the moment, an offer of cash may seem tempting since you could close out the matter and pay your current medical bills. But taking the offer before running the numbers could mean you accept an offer that doesn’t compensate you for all the future possible expenses.
By hiring a lawyer, you show the insurance company you’re serious about your claim and you can take your time to review any settlement offers and respond as appropriate.
