Catastrophic injuries can occur in a variety of different ways. Whether a car accident, defective product, medical neglect, or other tragic incident left you with severe injuries, you have the right to file a personal injury case.
Dealing with defendants, insurance companies, and their legal teams can be just as traumatic as your life-changing injury. They’ll do everything they can to bully you into accepting a less-than-acceptable settlement. Residents of southern California can contact a San Diego personal injury lawyer to learn what they can do to ensure they receive fair compensation.
What Are Considered Catastrophic Injuries in a Personal Injury Lawsuit?
Any type of injury due to the neglect of others is never a walk in the park. When those injuries are catastrophic and life-altering, this brings another dimension of stress and worry. Those injured in an accident may be curious if theirs are considered catastrophic.
A catastrophic injury is typically defined as one that significantly affects someone’s health, ability to earn a living, and overall well-being. Injuries of this nature can affect a person physically, mentally, or both. Some common types of catastrophic injuries include:
- Disfigurements
- Amputations
- Traumatic brain injuries (TBIs)
- Blindness
- Spinal cord injuries
- Third degree burns
- Severe chronic pain
- Paralysis
- Nerve damage
- Loss of motor skills
Any injury requiring a change in occupation or help with basic functions is considered catastrophic. This could include problems with mobility or the ability to work in your current occupation. Most catastrophic injuries are permanent and cause a major disruption to the victim’s quality of life.
What Type of Damages Can Be Recovered?
Upon review of your case, an experienced personal injury lawyer can put together a list of all the damages you can be compensated for. Depending on your specific injury and the negligent act that caused it, there could be things you had no idea could be claimed. Most catastrophic injury classes can claim compensation for the following:
- Medical costs include past, current, and expected medical care and treatments.
- Loss of income – Your personal injury claim should include current lost income and benefits, including future lost wages.
- Pain and suffering – California allows catastrophic injury victims to sue for non-economic damages such as pain and suffering. The compensation amount is directly related to the severity of the injury.
Strategies for Pursuing Maximum Compensation
The first and foremost strategy for pursuing maximum compensation from your catastrophic personal injury claim is to hire an experienced personal injury lawyer. You’ll need to work with a skilled law firm to receive the best settlement for your accident. Insurance companies may quickly offer you a settlement, but they’re not looking out for your best interest. Their goal is to save money and avoid paying out what’s fair.
Don’t Wait to File Your Case
Taking care of your injuries is obviously your top priority, but consider hiring an experienced lawyer as soon as possible. California’s personal injury statute of limitations is 2 years from the time of the accident or 1 year from the time you discovered the injury if it wasn’t immediately apparent.
Gather Evidence
Your legal team will request copies of police reports, medical records, statements from witnesses, and even statements from medical experts. You’ll need evidence to support your medical expenses and testimony from medical experts who can provide insight into your prognosis.
Don’t Discuss Your Accident or Claim
Although it could be difficult, don’t discuss the accident or your claim with anyone other than your immediate family and legal counsel. Do not post anything on your social media accounts, either. Consider not posting anything on your socials until the case is settled. If you’re claiming catastrophic life-altering injuries yet posting photos of your niece’s birthday party, insurance companies can use this against you.
Follow Through with Your Treatment Plan
Missed or postponed medical appointments or physical therapy sessions can cause the defendant’s insurance company or legal team to claim that your injuries are false or not as severe as you claim. Follow through with all appointments, doctor visits, and therapy sessions.
Final Thoughts
To ensure that you receive the maximum compensation for a catastrophic injury, working with an experienced personal injury attorney is key. Go to your scheduled medical appointments and keep your personal life personal. No matter how difficult, refrain from posting anything on social media that could be used against you. To get the compensation you deserve, you must follow everything your legal counsel advises.
