Seeking Maximum Compensation for Your Injuries
Suffering any type of injury can be difficult, but catastrophic injuries can be particularly problematic and expensive. Someone with a catastrophic injury has sustained physical or mental damage that is classified as permanent or disabling, and thus life-altering. These types of injuries often require extensive, regular medical care that can be costly, not to mention the emotional toll such an injury can take on the injured person and his or her family.
If you or someone you love suffered a catastrophic injury due to someone else’s negligence, you may have a personal injury case. Our Fresno catastrophic injury attorneys at BD&J understand what is at stake for you and your family. It is our goal to ensure you retain compensation for medical bills and other necessities to treat your condition.
Common Causes of Catastrophic Injuries
A catastrophic injury is defined as an injury that results in long-term, severe consequences for the victim, such as loss of mobility, permanent disability, and other life-altering conditions. These injuries often require extensive and ongoing medical treatment and rehabilitation.
Catastrophic injuries can result from a range of circumstances, such as:
- Defective or harmful products
- Car accidents
- Workplace accidents
- Falls
- Sport and recreational activities
- Construction accidents
- Medical mistakes
- Defective medical devices or drugs
Examples of catastrophic injuries include, but are not limited to:
- Spinal cord injuries
- Brain injuries
- Nerve damage
- Vision loss
- Burn injuries
- Amputation
What is a Traumatic Brain Injury (TBI)?
A TBI can be a type of catastrophic injury. It’s caused by a sudden injury to the brain. The severity of a TBI ranges from very mild to moderate to severe. There are four main types of TBIs:
- Concussion – Signs of a concussion include loss of consciousness, a headache that worsens, vomiting, and increased confusion.
- Contusion – A contusion is a bruise anywhere on the brain. It is a more specific injury than a concussion, and it can cause varying effects depending on where it’s located in the brain.
- Penetrating Injury – Penetrating brain injuries are always considered severe. One study found the fatality rate for this type of injury is around 92%.
- Anoxic Brain Injury – An anoxic brain injury is caused by a lack of oxygen to the brain. It’s usually preceded by a period of unconsciousness or coma. The longer the coma, the more likely there will be lasting damage.
If you have any of the above symptoms after an accident, it is very important to seek out medical attention right away.
Who Can Be Held Liable for Catastrophic Injuries?
Understanding which parties can be held liable for catastrophic injuries and the resulting damages is necessary to receive appropriate compensation. Any person or party responsible for the injury can be held accountable for economic, noneconomic, and punitive damages.
Showing the negligence of a person or party involves demonstrating certain key elements: duty of care, breach of duty, causation, and damages. A plaintiff’s case must show that the responsible party had a legal obligation to act within a standard of care, they violated their obligations, and the violation directly caused injury to the victim.
Under those standards, various parties can be held accountable depending on the circumstances.
Employers
Employers may be held liable for workplace injuries, particularly if they’ve failed to provide a safe working environment or adequate training. If the actions of another employee caused harm to the victim within the work environment as a result of employer negligence or error, the employer may be held vicariously liable.
Vehicle Owners and Drivers
At-fault drivers or vehicle owners may be liable for damages in car accidents resulting in catastrophic injuries. This most often applies to circumstances of reckless driving, such as speeding, distracted driving, or driving under the influence. Vehicle owners who allow unqualified or unsafe drivers, whether employees, friends, or family, to operate their vehicles may also be held liable.
Manufacturers and Sellers
In cases involving product liability and defective goods, manufacturers, retailers, distributors, and other parties in the supply chain can be held responsible for injuries caused by their products.
Medical Personnel and Facilities
Doctors, nurses, and other health care professionals or facilities may be liable if their negligence or errors in patient care cause catastrophic injury. These cases most often include surgical errors, incorrect prescriptions, and failure to provide care in life-threatening circumstances.
The Importance of Financial Compensation
Treating serious injuries can be expensive, especially when the injury requires regular, ongoing care. Catastrophic injuries are either permanent or lasting, which means they typically require therapy, physical rehabilitation, in-home care, or costly medicines. In addition to medical costs, a catastrophic injury can also impact a person’s ability to earn a living, either in their chosen line of work or in any capacity. Some individuals may require the constant attention of a caretaker, thus impacting the family members of the injured person by forcing them to alter their daily routines to care for their injured loved one.
The injured person and their family will require adequate compensation in order to pay for:
- Current and ongoing medical treatment
- Medications
- Loss of wages
- Pain and suffering
You will likely be entitled to a catastrophic injury settlement if the following exists:
- You had to undergo surgeries or rehabilitation, or require permanent medical devices due to the injury you suffered
- The injury resulted in you being put out of work.
- You suffered serious emotional damage from the accident
How a Personal Injury Attorney Can Help
Personal injury attorneys provide important services and guidance to ensure victims earn the appropriate compensation for their injuries and losses. A personal injury attorney can assess the specifics of the case and its available evidence to determine whether the evidence is sufficient to prove liability, causation, and damages.
Catastrophic injuries often require substantial evidence to support the victim’s claim. A personal injury attorney can help gather medical records, witness statements, and accident and police reports. They can also work with medical experts and other professionals to gain expert testimonies. In addition to securing sufficient evidence, this process also enables your lawyer to identify the full scope of damages available and helps maximize compensation.
Insurance companies often attempt to settle claims quickly, minimize payments, or deny claims outright. A skilled catastrophic personal injury attorney can negotiate with insurers on the victim’s behalf to ensure their rights are protected and they receive fair compensation for their injuries. Should your case fail to settle in negotiations, your attorney can facilitate and support you throughout the litigation process in court.
