Farhad Novian | September 27, 2024 | Catastrophic Injury

Catastrophic injuries are severe injuries that often result in permanent disability, extensive medical treatment, and long-term rehabilitation. Due to the severe nature of catastrophic injuries, securing maximum compensation is important for both the injured party and their family. This is precisely where catastrophic injury lawsuits and expert legal representation come into play. This lawsuit is meant to recover damages for medical bills, lost wages, pain and suffering, and ongoing care needs. That’s why we recommend working with a skilled catastrophic injury attorney: they will understand how to navigate the complexities of these cases best and fight for your rights.

If you or a loved one has suffered a catastrophic injury, Novian & Novian, is the place to go for legal guidence! With over 30 years of experience, we have the expertiese necessary to help you secure the maximum compensation for your case. Reach out to us now for a free case evaluation. 

In this blog, we will discuss the steps involved in filing a catastrophic injury lawsuit. We will also cover how an attorney can help you maximize your compensation and what to expect from such a lawsuit. 

What is a Catastrophic Injury?

A catastrophic injury is a severe injury that results in permanent physical, emotional, and financial consequences. Unlike minor injuries, catastrophic injuries require lifelong care and rehabilitation.

Physically, victims often suffer from permanent disabilities, such as paralysis, amputation, or traumatic brain injuries. This can severely limit their ability to perform daily tasks. It can also lead to the need for ongoing medical care, including the use of medical devices or in-home assistance.

Emotionally, victims may experience emotional distress, including anxiety, depression, and mental anguish. The psychological burden of living with a catastrophic injury can affect both the individual and their family.

Financially, it affects both the victim and family as one has to pay for medical bills, ongoing treatment, future medical expenses, lost wages, and the loss of earning capacity. In many cases, the victim is unable to return to work. This makes it essential to pursue compensation through a catastrophic injury lawsuit.

Catastrophic injuries generally can result from various types of accidents, typically involving negligence or intentional harm. For example, it could be motor vehicle accidents like car accidents and motorcycle accidents, or workplace accidents like defective equipment and dangerous working conditions. It could also be medical malpractice like errors made by healthcare professionals during surgeries or treatment or slip and fall accidents. In many cases, proving negligence is key to holding the responsible party accountable and pursuing compensation for the catastrophic personal injury claim.

Types of Catastrophic Injuries

Catastrophic injuries come in many forms, all of which have devastating and long-term consequences. A common example is Traumatic Brain Injuries (TBI), which can cause permanent cognitive impairment, memory loss, and even a loss of bodily functions.

Another example of catastrophic injuries is spinal cord injuries, as damage to the spinal cord often results in paralysis, either partial or complete. This severely impacts mobility and independence.

Catastrophic injuries could also be in the form of amputation and loss of limbs. Losing a limb drastically alters a person’s life, requiring lifelong rehabilitation, medical devices, and home adaptations.

Another type of catastrophic injury is severe burns. Typically, burns can lead to disfigurement, chronic pain, and extensive medical treatment, including skin grafts and surgeries. 

Catastrophic injuries could also be organ damage or paralysis. This is because damage to vital organs or the nervous system can result in long-term health issues or total paralysis. Sometimes, catastrophic injuries could become fatal injuries. In these cases where a catastrophic injury led to death, there are also grounds for a wrongful death lawsuit.

Statute of Limitations for Catastrophic Injury Claims

Each state has specific time limits, known as statutes of limitations, for filing a personal injury lawsuit, including catastrophic injury cases. These time frames vary but are typically between one to three years from the date of the injury. Failing to file a claim within this period can result in the loss of your right to pursue compensation. According to California Law, you have two (2) years from the date of the injury to file a claim. 

It is best to act quickly to preserve evidence, gather witness testimony, and build a strong case. An experienced attorney can help ensure that your catastrophic injury claim is filed within the applicable time limit, protecting your legal rights.

How to File a Catastrophic Injury Lawsuit?

Filing a catastrophic injury lawsuit is a critical step in securing compensation for medical expenses, lost wages, and ongoing care. Here’s a guide on how to proceed with your personal injury claim:

Seek Medical Treatment Immediately

The first and most important step is to seek medical treatment right after the injury. Catastrophic injuries, such as spinal cord injuries, traumatic brain injuries, and severe burns, require immediate and ongoing medical attention. 

Having thorough medical documentation is important for proving the severity of your injuries in court. Medical records will serve as key evidence in your catastrophic injury lawsuit and demonstrate the extent of your pain and suffering, physical injury, and permanent disabilities.

Hire an Experienced Catastrophic Injury Attorney

Filing a catastrophic injury claim can be complex. Therefore, it is essential to hire an experienced attorney who specializes in catastrophic injury cases. 

A skilled catastrophic injury lawyer will have the expertise to handle severe cases involving motor vehicle accidents, medical malpractice, workplace accidents, and more. When looking for an attorney, check that the attorney has a strong track record of success, excellent communication, and a client-first approach.

At Novian & Novian, our team of catastrophic injury attorneys is ready to help you navigate this challenging process. Contact us for a free case evaluation.

Investigate and Gather Evidence

Once you’ve hired a catastrophic injury attorney, the next step is to investigate the accident and gather essential evidence. Key evidence includes medical records, witness statements, accident reconstruction reports, and expert opinions. 

These elements are critical to proving negligence and liability in catastrophic injury lawsuits. For example, if your injury occurred in a motor vehicle accident or due to medical malpractice, accident reconstruction specialists or medical experts can provide testimony to strengthen your case.

Evidence collected during this phase will help determine the responsible party, as well as the compensation you may be entitled to. This may include medical bills, lost income, and ongoing medical expenses.

Filing the Complaint

Once the necessary evidence has been gathered, your attorney will file a legal complaint. This document outlines the details of the injury, the responsible party, and the compensation you are seeking. In catastrophic personal injury claims, it is important to include all relevant facts, including the impact of your injuries on your life, such as permanent disability, loss of earning capacity, and emotional distress.

Importantly, you should keep in mind the statute of limitations for filing a catastrophic injury lawsuit, which varies by state. Acting quickly will help preserve your right to compensation.

Negotiation and Settlement

In many cases, your catastrophic injury lawyer will negotiate with the opposing party or their insurance company. It is helpful to keep in mind that settling out of court can save time and reduce the stress of a trial.

Your attorney will negotiate for the maximum compensation to cover your future medical expenses, pain and suffering, and other out-of-pocket expenses. If a fair settlement cannot be reached, the case may proceed to trial.

Going to Trial

If settlement negotiations fail, your case will go to trial, where a judge or jury will decide the outcome. At trial, your attorney will present all the collected evidence, including expert testimony, to demonstrate how your catastrophic injuries were caused by the defendant’s negligence.

While trials can be unpredictable, your attorney’s role is to advocate for you and ensure you receive the compensation you deserve. They do this by giving you trial representation, where they showcase all collected evidence and build a defense in your favor.

How a Catastrophic Injury Attorney Can Maximize Your Settlement?

Catastrophic injury attorneys have expert knowledge of catastrophic injury law and understand the unique challenges that come with these cases, including the long-term medical care and financial losses victims face. They are equipped to build a strong case to ensure you are compensated for not only immediate medical bills but also for future medical expenses, lost earning capacity, and pain and suffering.

They are also skilled at handling insurance companies. Often, insurance companies attempt to minimize payouts. However, when you work with a skilled attorney, they will negotiate on your behalf. These attorneys understand the tactics used by insurers and can protect you from lowball settlement offers that don’t reflect the true value of your claim.

Catastrophic injury cases often involve multiple parties, extensive evidence, and intricate legal processes. An experienced attorney has experience with complex cases and knows how to navigate these complexities and build a comprehensive strategy that gives you the best chance of success.

To ensure you are hiring the best catastrophic injury lawyer, there are certain qualities you must look out for. These include experience with catastrophic injury cases, access to resources, strong communication skills, compassion, and dedication. 

What Compensation Can You Expect in a Catastrophic Injury Lawsuit?

Victims of catastrophic injuries often face overwhelming medical costs and expenses. It could be in the form of emergency treatments, surgeries, ongoing rehabilitation, etc. Compensation typically covers current medical bills, future medical expenses, and ongoing medical care. This ensures that victims are not financially burdened by the ongoing medical needs that catastrophic injuries often require.

Furthermore, catastrophic injuries can prevent victims from returning to work, either temporarily or permanently. Compensation in this category includes lost wages. If the injury prevents you from working in the same capacity as before, you can seek compensation for the long-term reduction in your ability to earn income. This type of compensation helps cover the financial impact of not being able to work due to severe injuries or permanent disabilities.

There could also be compensation for pain and suffering. This would account for the physical pain, emotional distress, and diminished quality of life caused by your injuries. 

Another type of compensation is compensation for emotional and psychological trauma. This would typically cover ongoing therapy or counseling sessions, treatment for conditions such as PTSD, anxiety, or depression, and compensation for loss of enjoyment of life, which refers to the inability to engage in activities you once enjoyed. 

On average, the compensation you can get will range from $20,000 to $80,000 but can even go higher, depending on the situation. The total compensation you can receive for a catastrophic injury lawsuit depends on several factors, including the severity of your injuries, the level of negligence involved, and the impact on your future quality of life.

Challenges in Catastrophic Injury Lawsuits

One of the biggest challenges in any catastrophic injury claim is proving negligence. Victims must demonstrate that their injuries were caused by someone else’s recklessness, carelessness, or intentional harm. Whether the injury resulted from a motor vehicle accident, workplace accident, or medical malpractice, proving negligence requires a thorough investigation and convincing evidence.

Another challenging aspect of catastrophic injury cases is calculating future damages. Victims of catastrophic injuries often face permanent disability, chronic pain, and the need for ongoing medical treatment. Estimating the costs for future medical expenses, rehabilitation, and in-home assistance devices is a complex process that requires expert analysis.

Insurance companies are also often one of the biggest obstacles in catastrophic injury lawsuits. Their primary goal is to minimize payouts, even when the victim suffers from serious injuries such as traumatic brain injuries or severe burns. They may employ tactics such as denying liability, downplaying the extent of the injury, or offering lowball settlements. An experienced catastrophic injury lawyer will be helpful in negotiating with insurance companies and ensuring you receive fair compensation for your out-of-pocket expenses, future treatment needs, and emotional support required to move forward.

Beyond the physical and financial challenges, catastrophic injuries have a profound emotional impact on both the victim and their family. Living with permanent disabilities and emotional distress can create an overwhelming sense of loss and uncertainty. Family members may also experience emotional trauma as they adjust to caregiving roles and watch their loved ones struggle. 

The Role of Witnesses

Witness testimony is important for establishing the facts of a catastrophic injury case as eyewitnesses to an accident can provide firsthand accounts that support your claims of negligence. Aside from eyewitnesses, you can also rely on other professionals such as medical experts, economic experts, and accident reconstruction specialists.

Medical experts are professionals who will help establish the link between the accident and the catastrophic injuries. They offer expert insight into the extent of the physical damage, ongoing medical needs, and potential for recovery.

In cases where victims suffer lost wages or a complete loss of earning capacity, economic experts assess the financial impact. They can calculate how much income the victim would have earned over their lifetime had the injury not occurred, taking into account inflation, career trajectory, and other factors. Additionally, in cases involving car crashes or spinal cord injuries, accident reconstruction specialists can recreate the scene and demonstrate how the negligent party’s actions led to those severe injuries.

Need a Personal Injury Lawyer?

If you or a loved one has suffered a catastrophic injury, seeking legal representation for a catastrophic injury lawsuit is one of the most important steps you can take. A personal injury lawyer can help you navigate the complex legal process, prove negligence, and secure the compensation you deserve for medical expenses, lost wages, and ongoing care.

Catastrophic injuries, such as spinal cord injuries, traumatic brain injuries, and severe burns, can leave victims with long-term disabilities and significant financial burdens. However, a skilled catastrophic injury attorney will have the experience and resources to ensure that your legal rights are protected and that you receive the maximum compensation possible.

Don’t wait to take action. If you or a loved one has been affected by a catastrophic injury, contact Novian & Novian. We are a trusted catastrophic injury law firm in Los Angeles, and we can help you with a free consultation. We are here to help you through this difficult time.