Catastrophic Injury Lawyer

A catastrophic injury is a severe incident that can dramatically change a person’s quality of life and may cause death. Catastrophic injuries can include permanent impairments, amputations and long-term disability. They may also require medical care throughout the victim’s life. 

Common causes of catastrophic injuries

Catastrophic injuries can happen in many ways. They may cause traumatic brain injuries, spinal cord injuries, permanent disability and other harms. Common situations that lead to catastrophic harms and to lawsuits include:

• Acts of violence: Being injured as a result of an assault, act of terrorism or abuse 
• Defective products: Experiencing an injury from a malfunctioning product, such as an exploding e-cigarette or an exploding pressure cooker
• Medical malpractice: Injuries resulting from a physician’s error or negligence
• Motor vehicle crashes: Collisions related to negligence, injuries resulting from faulty components such as defective airbags, or vehicle-pedestrian crashes
• Workplace incidents: Injuries from exposure to toxic substances, chemical explosions, fires and other incidents

A catastrophic injury lawyer can be critical to your effort to seek compensation. Your attorney can:

• Determine which laws and statutes of limitations or repose apply
• Gather evidence such as police reports and medical records
• Make a case for the defendant’s liability
• Negotiate a settlement amount
• Represent you in legal proceedings against insurance companies and the defendant’s attorneys

There are laws and regulations which may govern how and when you may file a claim for damages. These laws and regulations vary state by state. If you believe you may have a claim, we recommend that you retain competent legal counsel as soon as possible. 

What’s the difference between a personal injury lawyer and a catastrophic injury lawyer?

A catastrophic injury lawyer is a type of personal injury lawyer. But an attorney with experience handling catastrophic injury lawsuits may be better equipped to handle the complexity of a claim involving serious injuries that can permanently alter the victim’s life. 

Experience with catastrophic injury cases can also help with determining the correct amount of compensation, negotiating settlements and helping the client navigate the permanent changes to their life. In some cases, plaintiffs may even need to modify their homes or their means of transportation to suit their level of mobility. An attorney with experience in handling catastrophic injury claims may be better equipped to anticipate the client’s future needs. 

Read More: Personal Injury vs Catastrophic Injury

If your catastrophic injury claim leads to a settlement or a jury award, key facts of your case may impact the amount. The jury or judge will also consider the harm you suffered, such as:

• Emotional distress
• Loss of consortium 
• Loss of enjoyment of life
• Lost wages
• Pain and suffering
• Medical care expenses

In some cases, plaintiffs are also awarded punitive damages, which are intended to punish wrongful conduct.

It’s not possible to promise a certain amount of compensation. Be skeptical of law firms that guarantee a payout.

Who’s eligible to file a lawsuit for a catastrophic injury?

Typically, the victim of a catastrophic injury caused by someone’s negligence or by a defective product may be eligible to file a lawsuit. Their loved ones may also be able to file a claim. Consider consulting an attorney to determine your eligibility.

It’s sometimes possible for plaintiffs to be compensated, even if they are somewhat responsible for the injuries. Some states have comparative fault laws that assign a portion of the responsibility for harms suffered. 

Laws vary by state. A catastrophic injury attorney can determine which laws apply to your case.

All states set a time limit on filing a lawsuit after an injury. The most-common time limit is called a statute of limitations (SOL). The time you have to file a lawsuit depends on the statute of limitations in your jurisdiction. 

Another time limit called a statute of repose sometimes applies to injury lawsuits.

Motley Rice attorneys have decades of experience advocating for clients in catastrophic injury and wrongful death cases. We have helped victims of vehicle defects, head trauma, spinal cord injuries, and burn injuries win compensation that helps them manage their injuries. 

Our attorneys will work to build solid legal foundations for your case. We have experience in jurisdictions nationwide and can help you navigate the legal process. 

Learn more about our personal injury experience.