Catastrophic Injuries: Responding to the Worst Case Scenario

Oftentimes, we try to keep catastrophic injuries out of mind. At some point in our lives, we are likely to have witnessed one, such as a car wreck off to the side of the highway that backs up traffic for miles. It is hard to imagine yourself or a loved one getting in a life-changing accident, but the reality is that these things sometimes happen. The effects of such an accident can be vicious, impacting your quality of life and/or leaving you permanently changed in some way.

Once a serious accident occurs, there is no undoing it. But you can take measures to ease your recovery and regain some semblance of peace. A seasoned personal injury lawyer can guide you along that path to recovery, fighting for your right to fair compensation after a catastrophic injury. The lawyers at [[title]] have secured millions in individual verdicts for clients who suffered severe disfigurement, brain damage, and other devastating injuries as a result of another party’s negligence.

Types of Catastrophic Injuries

The term “catastrophic injury” covers a multitude of long-term or permanent injuries, especially those that affect your independence or ability to enjoy your life. These injuries come at an immense cost in more ways than one, with common examples including:

• Broken bones or fractures that require surgeries to mend.
• Traumatic brain injuries (TBIs) as a result of head trauma, which can permanently affect your mood, your cognitive functioning, or your ability to communicate with other people. In some cases, victims of a TBI may require around-the-clock care, resembling a completely different person from prior to the injury.
• Severe burns resulting in disfigurement.
• Herniated discs causing chronic pain in the limbs.
• Spinal cord injuries, which may leave victims partially or fully paralyzed.

Every catastrophic injury is bound to present differently. But no matter the case, if a catastrophic injury has left you out of work, reliant on outside care, or in a state of physical and/or mental distress, you have a right to pursue compensation.

Liability in Catastrophic Injury

Determining who is at fault for a catastrophic injury is not always a simple task. Most often, the blame lies with one person whose negligence resulted in your injury. That was the case in a million-dollar verdict for a client who was disfigured in a dog bite in Collin County, TX, where the dog owner and his insurance company were held liable for the damages.

In other cases, liability for an accident can be assigned to several parties who are responsible for your compensation. In commercial truck accidents, for instance, a truck driver’s fatigued driving could have been tacitly encouraged by the company, and the loading crew may not have secured the cargo correctly; in these incidents, the driver, the company, and the loaders could share financial responsibility. That was exactly what happened in a $6 million verdict we secured for a client, wherein an 18-wheeler truck struck a driver, causing a traumatic brain injury and neck injury requiring extensive surgery. Our attorneys successfully proved that the truck driver was distracted and that the trucking company had enabled this behavior by not properly training their drivers.

What Should a Settlement Address?

A fair settlement should cover much more than just your medical expenses. Depending on your circumstances, a catastrophic injury can directly impact your livelihood: if you lose your ability to work for the same income you used to, a personal injury settlement can supplement your lost income and make sure that you are financially protected for the foreseeable future.

Aside from quantifiable cash expenses, a comprehensive personal injury settlement will also factor in your emotional hardships, known as non-economic damages. These damages are sometimes referred to under the blanket term of pain and suffering and may account for your anguish resulting from the injury, including symptoms of PTSD, anxiety, and depression. Similarly, you could also collect punitive damages if the accident was caused by somebody else’s egregious negligence.

Dealing with Insurance Companies

Before you speak with an insurance company, it is critical that you seek out a personal injury attorney first. Without an informed attorney at your side, you could be coerced into accepting a settlement far below your injury’s real value. A common tactic insurance representatives will use is to call you directly, especially while you are still overwhelmed from the injury; during this conversation, the representative may ask leading questions that could minimize liability on the company’s end, trying to get you to admit fault. Alternatively, the insurance company could offer you a settlement immediately, offering a hassle-free solution: however, the amounts that these companies are willing to give upfront will rarely be enough to fully compensate you. 

A personal injury lawyer can help you file an insurance claim quickly and accurately, making sure that your rights are spoken for at every point of negotiation.

Building a Case for a Settlement

To secure compensation for a catastrophic injury, you will have to present a strong case that demonstrates both liability and damages. First, there should be evidence that proves that the other party’s negligence caused your injury. For example, if you suffered a slip-and-fall on a wet floor at a grocery store resulting in spinal cord damage, getting an accident report and CCTV footage that shows there was no wet floor sign can establish the store owner’s liability. Second, the evidence should show the extent of the damage your injury cost you, such as medical bills, lost wages, and any diminished quality of life. A personal injury lawyer can take on the work of gathering evidence while you recover, revisiting the scene of the accident to take photos or collect physical proof. The strength of an attorney when negotiating for a settlement comes down to presenting indisputable proof with the full knowledge of all applicable laws.

Contact a McKinney, TX Personal Injury Lawyer

The potential impact of a catastrophic injury on one’s happiness, livelihood, and welfare cannot be understated. If you or someone you love has suffered severe, irreversible damage in a preventable accident, a McKinney, TX personal injury lawyer can safeguard and secure your right to due compensation.