What You Need to Know About Recovery for Catastrophic Injuries

Truck accidents frequently cause them. Many car crashes and other vehicle collisions do, too. Catastrophic injuries are life-changing by their very definition. Sometimes they heal with costly treatment, surgery, and extensive rehabilitation. Frequently, however, a catastrophic injury leaves consequences that never go away.

If you or a loved one suffered a catastrophic injury, there are some critical factors to be aware of as you try to move forward toward recovery. In this blog, we describe some of those factors in general terms, but if you contact us for a free consultation, we can address the more specific factors that apply to your particular situation. During this painful, critical time, it is vitally important to stay informed so that you can protect your rights and be prepared for future needs.

Many Different Types of Injuries Can Be Considered Catastrophic

There is no single standard definition of a catastrophic injury in either the legal or medical fields. Generally, an injury is treated as catastrophic when its effects are so severe that they lead to long-term disability or disfigurement that alters the life of the person who experienced the injury, and often the lives of family members as well.

Injuries to the brain are often catastrophic when they interfere with the ability to think or function. Traumatic brain injuries can impair people’s ability to concentrate or remember information. These injuries may make it difficult to speak, walk, maintain balance, or perform other routine tasks. Injuries to the spine or spinal cord can also be catastrophic because they impair the ability to function. Paralysis from a spinal cord injury can prevent the injured person from walking or even being able to eat, drink, or breathe without assistance.

Injuries are also considered catastrophic when they lead to disfigurement. Someone who has been severely burned, for instance, may live in constant physical and emotional pain and refuse to be seen in public. It is the impact rather than the type of injury that makes it catastrophic.

Immediate Steps After a Life-Changing Injury

Some injuries can be healed or at least improved with treatment from specialists. It is important to prioritize medical care and mental health. However, while the main focus is on rebuilding health, it is also important to start taking steps to secure legal rights and meet financial needs. Catastrophic injuries interfere with the ability to earn money while at the same time, they also require extensive long-term, costly care.

To keep from worrying about medical bills, many families are tempted to accept a quick settlement offer from the insurance company involved in the case. However, it is important to be aware that the offer is not made to be supportive and helpful. The insurance company offers a settlement only when it knows it will be liable for damages and is trying to pay as little as possible. Before accepting anything from an insurance company, it is important to understand the future needs and the approximate legal value of the case if it were taken to court.

A personal injury attorney can calculate these costs and values so that you can make an informed decision about whether to accept a settlement. In addition, when you work with an attorney, your lawyer can handle communications with the insurance company. Since the company is trying to pay as little as possible, they often take words out of context and twist them to argue that the accident victim is admitting responsibility. It is best to avoid talking to the insurance company and allow an experienced attorney to speak for you, because your lawyer will know how to avoid their tricks.

Calculating the Value of a Case Involving a Catastrophic Injury

Catastrophic injuries often require multiple surgeries over the course of many years. They require treatment from medical specialists. You may need to make alterations to your home. You may need a caregiver. The cost of future needs can be much higher than expected. It is important to work with experts to calculate the cost of all additional care anticipated for the future. This is part of the value of your personal injury claim after a catastrophic injury.

However, the value of the claim should also include amounts to compensate for lost earning capacity and intangible losses representing damage to quality of life. Many catastrophic injuries lead to unrelieved pain that is itself disabling. It is nearly impossible to put a price on the lost ability to rest without discomfort or to enjoy activities that have become impossible due to the effects of the injuries. Your attorney can establish a value for these intangible effects based on legal precedent.

When you add together the cost of future needs, the amounts you’ve already spent on medical care, the amounts to account for lost wages in the past and future, and the damage to your quality of life, these all add up to the value of your claim. The first amount offered by the insurance company is unlikely to include anywhere near enough to match this value, but as your attorney negotiates, you are eventually likely to receive an appropriate offer.

You Need to Be Prepared to Win in Court Even Though Most Cases Settle

It is a fact that most personal injury claims–even those for catastrophic injuries—usually settle out of court before trial. However, to obtain full compensation through a settlement, your legal team must be prepared to prevail in court.

It is only when the insurance company sees that you have the evidence and legal arguments to persuade the judge that the company will realize they don’t stand a chance in court, so they might as well offer a fair settlement. That is why our team is always building a case to succeed in court from day one.

Find Out How to Protect Your Future After a Catastrophic Injury

Catastrophic injuries profoundly affect the victim’s entire family. It is important to work to secure compensation that meets the injured person’s needs and reduces the stress placed on the family. Unfortunately, to build the strongest legal case for full compensation, it is necessary to begin collecting and preserving evidence immediately to show how someone’s irresponsible conduct caused the injuries. It is nearly impossible to do this effectively when you are focused on the physical and mental recovery from a catastrophic injury.

That is where our team comes in. At the Law Offices of Benjamin Arsenian, we can start working on your legal and financial recovery while you focus on healing. We can insulate you from insurance company representatives and investigators so you don’t have to worry about inadvertently saying something that could damage your claim. Allow us to help during this challenging time. For a free, no-obligation discussion to learn what your claim could be worth and how we can help secure your future, call us at 714-400-2000 or contact us online now.