People who sustain serious injuries in accidents often ask, “What is a catastrophic injury?” A catastrophic injury is a severe physical injury that leaves a victim with life-long or long-term symptoms. All types of injuries can significantly affect a person’s life. However, catastrophic injuries are different because a victim may never recover. Additionally, the cost of treating catastrophic injuries is often higher than other injuries.
It may be initially unclear whether you suffered a catastrophic injury. Sometimes victims of such injuries fall into a coma, never fully waking. Other times, catastrophic injuries may appear less severe at the onset. Nevertheless, catastrophic injuries require a support system that includes family and friends to care for and support the injured person.
Many types of injuries can potentially cause permanent or long-term injuries to an individual. They include brain injuries, fractures, amputations, severe burns, and organ damage. These injuries can also fall under subcategories. The three main catastrophic injury subcategories include:
Recovery from a catastrophic injury is possible. However, it takes a lot of time and treatment to reach maximum medical improvement. In some cases, the best option for an injured victim is to retain long-term care and support. They can get this at a hospital, a rehabilitation facility, or through in-home care services. The extensive treatment, as well as the inability to work, may cause financial hardship to injured victims.
There are various causes of catastrophic injuries. However, these injuries mainly result from accidents, which are sometimes not preventable.
Some of these common causes include:
There are many more potential causes of catastrophic injuries. Figuring out what caused your catastrophic injury can help you determine who is liable for the damages you sustained.
Catastrophic injuries are among the most expensive to treat. The severity of these injuries makes it vital for patients to undergo costly procedures. They often involve long-term hospitalization, which means a pile-up of treatment, medication, and bed costs.
Treatment for a catastrophic injury is not a one-time thing. Patients usually require other forms of long-term care to help them recover. For instance, different kinds of therapy targeting injured body parts, like the brain and spinal cord, are frequently part of the treatment plan for these injuries.
Victims of catastrophic injuries also often require counseling for their mental health. The mental suffering they might endure after a catastrophic injury can take a toll on their lives if they do not undergo counseling. So, therapy and counseling costs may be a contributing factor to the cost of a catastrophic injury.
Another element that might increase the cost of treatment is additional surgery. Most patients with severe injuries undergo more than one surgery before completing treatment. They also frequently require assistive medical devices, such as wheelchairs, to make their lives easier. All these can further increase the cost of treatment.
Victims can pursue compensation if the injury stemmed from the negligent actions of another person. However, the value of a settlement award will greatly depend on the calculated costs of your catastrophic injury. An attorney with a proven history of winning personal injury cases will maximize the chances of recovering fair compensation.
Catastrophic injuries can have a wide range of long-term impacts. Some long-term implications of these injuries include:
Catastrophic injuries affect an individual’s ability to work and earn an income. Returning to work at a reduced capacity if a victim recovers is sometimes possible, but for many injured victims, it’s out of the question.
The medical costs of treating catastrophic injuries can be relatively high. You might spend all your savings and even require financial help while getting treatment.
The physical and emotional stress these injuries cause can impact a victim’s mental health.
Catastrophic injuries force victims to adjust to an entirely new way of life. They could become partially or completely dependent on others if the injury is too severe.
A catastrophic injury can rob a family of a loved one and cause untold long-term suffering. This is especially the case if the deceased person is the breadwinner for his or her family.
When it comes to catastrophic injuries, every case is unique. Determining who is liable in an accident that causes catastrophic injuries is not easy; it takes a lot of analysis. You will need an in-depth look at the case and the circumstances that led to the accident.
Usually, in catastrophic injury cases, a negligent party causes the accident. In these cases, the liable party owed the victim a duty of care. This duty of care is what makes him or her legally liable for the injuries sustained by the victim. By causing harm to another person through his or her action or inaction, the at-fault party violated the duty of care.
The injured person must prove the other party’s liability by a preponderance of evidence. The injured party can, for instance, cite the negligence of the other party as the cause of the accident.
Sometimes the injured person might hold his or her share of liability. However, this does not mean he or she has no case against the other party. Instead, his or her settlement award will simply be reduced by the percent of liability he or she holds.
This liability also applies to negligence on the road by drivers, bikers, motorcycle riders, and pedestrians. Proving an individual’s negligence in Chicago car accident claims boils down to the available evidence. If witness statements, the police report, and the doctor’s reports are accurate, there is a higher chance of winning a lawsuit.
However, it is vital to also understand your state laws before filing a lawsuit. This is one reason to involve an injury attorney skilled in resolving cases like yours when filing a catastrophic injury case. The attorney will help you analyze the facts specific to your case and build a strong argument in court. This assistance could help you get higher compensation for your injury.
The compensation for catastrophic injuries depends on the injury’s severity. For instance, an injury that leads to a lifetime loss of wages will require higher compensation. Also, the higher the medical expenses incurred, the more considerable the amount of money your attorney should pursue as compensation for your injuries.
After sustaining an injury, you might be stuck wondering what to do after a Chicago auto accident. This is especially true if the accident leads to a catastrophic injury. The initial steps include seeking emergency medical attention, calling the police, and exchanging information with the other driver. You can request anyone at the accident scene to help you with these steps if you are too injured to move.
Filing a lawsuit against the liable party is one of the next steps many people consider. Some people choose an out-of-court settlement, but your attorney can help you decide what is best for your case. An attorney takes charge of the claims process to help you get the best outcome from the case.
Your attorney will start by analyzing the evidence to be presented in court. The attorney will look at the pictures taken at the accident scene, the statements recorded, the police report, and the medical records. Also, your attorney can speak to witnesses to collect enough facts to ensure you win the case.
Serious injury attorneys save victims from the additional stress of following up on their cases. This allows them to focus on their recovery journeys as they seek compensation. Appearing in court after suffering severe injuries is an arduous task. This, however, will not be an issue if you are working with an attorney.
Like other personal injury lawsuits, catastrophic injury lawsuits have no specific timelines. A wide range of factors determine how long it takes to get compensated. For instance, a catastrophic injury case will get settled faster if you have enough evidence to build a solid case that will convince the court.
The time your case takes will also depend on who you are working with. Going alone on such a case can make the process longer than expected. You can speed up the process and get higher compensation if you work with an attorney who has previously handled catastrophic injury lawsuits.
