Catastrophic Injury Lawyers

What Makes an Injury ‘Catastrophic?’

According to the Public Health and Welfare Code (Title 42 § 3796b), a catastrophic injury means “consequences of an injury that permanently prevent an individual from performing any gainful work.”

This is an injury that’s so severe that it leads to long-term debilitation or disability. In most cases, a catastrophic injury causes loss of capacity or deformities, be it mental or physical. Typically, these severe injuries force victims to require multiple surgeries, extended medical care, and long-term recovery.

What Are the Types of Catastrophic Injuries?

Various injuries are categorized as catastrophic due to the nature and severity of their consequences. They include:

• Traumatic brain injuries
• Loss of limb
• Paralysis due to the spinal cord or neck injuries
• Permanent disfigurement
• Organ damage such as the liver, spleen, or kidneys
• Third or fourth-degree burns
• Permanent impairments such as deafness or loss of vision
• Multiple severe fractures

Although most catastrophic injuries are immediately obvious, some may not be apparent for months or even years. Victims may face years of huge medical bills and require rehabilitation. They may also be unable to return to their previous jobs or normal lives due to a permanent disability.

An experienced catastrophic injury attorney can guide you through the claims process, ensuring that all liable parties are held accountable for their wrongful actions.

What Are the Common Causes of Catastrophic Injuries?

You can suffer a catastrophic injury in an instant. You can be on the job, or you can be out on the roads or even on someone else’s property. All it takes is a brief moment for someone else’s carelessness to cause you an injury that can change the course of your life.

Many different situations can lead to catastrophic injuries, including:

• Motor vehicle accidents
• Workplace accidents
• Fires and explosions
• Construction accidents
• Medical malpractice, including birth injuries
• Recreational accidents, like contact sports
• Defective products
• Dangerous drugs
• Toxic exposure

Regardless of how your catastrophic injury happened, the same legal principle always governs your case when you are seeking financial compensation. You have the right to be paid in full for your injuries when someone else was to blame for the accident.

How Do I Mitigate a Catastrophic Injury?

Mitigating a catastrophic injury can reduce its impact and costs. To do this, it’s advisable to seek proper medical care and follow your doctor’s advice. It’s also important to keep a record of all your injury-related expenses, such as prescription costs and hospital visit expenses.

Proper mitigation ensures you recover to the fullest extent possible. If you disregard this step, it could hurt your catastrophic injury case. A good personal injury lawyer may also help you obtain the appropriate on-going care you need while your case is pending without you having to pay the costs upfront.

Make sure you seek immediate medical attention if you are in any of the above situations.

How Can a Catastrophic Injury Lawyer Help?

Dealing with a catastrophic injury suit alone can be overwhelming. Hiring an experienced catastrophic injury law firm like Nix Patterson will give you a team of legal experts to navigate any problems while building the strongest case possible. Let us handle the legal and insurance issues while you focus on recovery and healing.

The following are some crucial roles that an experienced lawyer can play:

• Investigate the incident to determine what caused your injury and who is liable.
• Assess your likelihood of success in winning a settlement or judgment.
• Gather evidence like police reports, photos of the scene, witness statements, and medical records.
• Identify all potential sources of compensation, such as the at-fault party’s insurance policies.
• Engage experts like doctors, economists, and accident reconstructionists to help with your case.
• Handle all case-related paperwork and procedural issues on your behalf.
• Communicate with insurance companies, defense attorneys, and any other third parties on your behalf.
• Negotiate for a fair settlement of your claim.
• Represent you in court and at trial, if necessary.

At Nix Patterson, we will do all of the above work and advance all of the costs for it. You won’t have to pay anything out of pocket while your case is pending. We will only get paid for our work and reimbursed for the costs if we win a settlement or judgment for you.

Can I File a Catastrophic Injury Lawsuit?

In the vast majority of situations, you can file a lawsuit against the individual or organization responsible for your injuries.

The goal of such a lawsuit is to compensate you for the physical, mental, and financial losses you incurred. While most victims of catastrophic injury never make a full physical recovery, a lawsuit attempts to “make you whole” through money so you can get as close as possible to the position you were in before the accident.

A lawsuit must also be filed within a certain time period after the accident. You must file your lawsuit before your state’s statute of limitations runs. This can be a complex issue, so it’s important to speak to an attorney as soon as you are able.

An experienced attorney will guide you through the civil litigation process, ensuring you understand what to expect before, during, and after the trial.

What if I Sustained the Injury at Work?

According to the Bureau of Labor Statistics, employers reported 2.6 million cases of injuries and illnesses in 2021, with a total of 5,190 fatal work-related injuries. The Occupational Safety & Health Administration (OSHA) also reported that around 13 worker deaths occurred every day in the U.S. in 2020. Some of the workplace accidents that may have led to these alarming statistics include:

• Repetitive stress injuries
• Electrocution
• Falls from heights
• Entanglements
• Violence
• Car accidents
• Strikes by objects
• Overexertion injuries
• Slip and falls

Any of the above can lead to work-related injuries, which can be both financially and emotionally damaging. However, many state’s workers compensation laws limit when and how you can sue your employer for on-the-job injuries. In some states, you may only be able to file a claim with your employer’s workers compensation insurer.

That said, some states allow employees to sue their employers under the right circumstances. This is a complicated area of the law with many nuances. So you should contact a lawyer to help you understand your options.

There are also various scenarios under which you have a better chance of filing a lawsuit for on-the-job injuries, including if:

• You were injured due to your employer’s failure to provide safety gear to workers.
• You were injured during a physical altercation with your employer or a colleague.
• You were injured due to the negligent actions of a third party, like a manufacturer of a faulty machine or a drunk driver.
• You were injured by a toxic substance in an industrial plant.
• Your employer or any other party intentionally caused your injury.
• Your injury or illness became worse after your employer fraudulently concealed their connection to your injury.

If you experience a catastrophic injury at the workplace or while performing work-related tasks, contact Nix Patterson as soon as possible to find out if you have a valid personal injury case.

How Are Catastrophic Injuries Different From Other Injury Claims?

Catastrophic injury claims will be more difficult than other types of personal injury lawsuits. Although the legal principles governing negligence are the same, you would need to prove your damages to receive full compensation for them. The fact that you may be entitled to a large amount of money means that the insurance company could be even more stringent when they are evaluating your claim. While it is essential to get the maximum amount of damages for any personal injury claim, it is even more important when you will likely be dealing with serious health effects far into the future.

Catastrophic injury cases may take longer than the average personal injury case, given all the money that is on the line. However, it is essential that you hold out for the exact amount of money that you deserve because you only have one chance to settle your claim.

What Types of Compensation Can I Get for Filing a Catastrophic Injury Case?

It does not matter that you are likely entitled to a large amount of damages when you can prove fault for the accident. The responsible party must pay you for all of the harm that they caused, no matter how large your claim is. However, it may be difficult to know the full value of your claim when you are dealing with serious future injuries. Your settlement is a one-time payment that compensates you for both past and future damages. You may be wondering how you can see into the future to know what your life is like, and that is exactly where a catastrophic injury attorney can help. They may work with various experts to quantify the scope of your damages so you know how much to seek and compensation.

In any catastrophic injury case, you may be entitled to the following in damages:

• Medical expenses
• Lost wages
• Pain and suffering
• Scarring and disfigurement
• Loss of enjoyment of life
• Emotional distress
• Embarrassment and humiliation

When you settle a catastrophic injury claim, you would sign a release agreement that prevents you from returning for any future compensation. Therefore, it is essential that you get every single dollar that you deserve now because this is your only chance. When you hire a catastrophic injury attorney for your case, they will quantify your damages and lead the fight for you to get every single dollar you can.

What if My Loved One Passes Away?

In some cases, a catastrophic injury may lead to loss of life. When this happens, surviving family members may be able to file a wrongful death claim against liable parties.

At Nix Patterson, we understand that no amount of money can bring back your loved one or do away with your pain. But it’s important to seek justice if someone else is responsible for the death of your loved one. Wrongful death doesn’t only leave an emotional void; it may also leave a financial one.

Funeral expenses, medical bills, and other unknown debts may also pile up and burden surviving family members.

Suffered a Severe Injury? Contact Our Catastrophic Injury Attorneys for Legal Help

Catastrophic injuries can have a permanent and debilitating effect on a victim. One may require lifelong medical care and therapy. They may also experience chronic pain, paralysis, or be unable to go back to work.

If you or someone you care about has sustained a catastrophic injury, contact a knowledgeable attorney to discuss your case. Don’t hesitate to contact an attorney. They will help you deal with insurance companies, ensuring you don’t jeopardize your case.

Get in touch with Nix Patterson today to schedule your free case evaluation. Our law firm works on a contingency fee basis, meaning you don’t pay any upfront fees or costs. Get started now to find out how we can help.