Legally, there is a difference between personal injuries and catastrophic injuries. Tennessee law dictates that catastrophic injuries are personal injuries that are expected to cause long-term harm or lifelong reduction in quality of life. This is important because people who file personal injury claims are not able to recover as much compensation as they would if they had filed a catastrophic injury claim.
To make sure you get the full amount that you are due, seek legal counsel from an experienced personal injury lawyer in Bartlett. Remember, the cost of managing a catastrophic injury can be immense and consist throughout one’s entire lifetime. You deserve to have these costs handled by the liable party, so reach out to Gatti, Keltner, Bievenu & Montesi PLC to start building a catastrophic injury case.
What Are Catastrophic Injuries?
There are a variety of injuries that can be defined as catastrophic injuries. Most commonly, catastrophic injuries involve accidents that cause damage to one’s brain or spine. Because these injuries can have a massive impact on one’s ability to function normally, they are usually classified as catastrophic in nature.
Amputations are also commonly seen as catastrophic injuries. Therefore, if you were injured in a car accident that resulted in you needing to have a limb removed, your case will likely be categorized as a catastrophic injury case. Similarly, any injury that results in permanent or long-term paralysis counts as a catastrophic injury.
Sometimes burn injuries are catastrophic, too. Whether it is catastrophic depends on the extent of the burns. For example, burns that cover forty percent of your body or face are typically designated as catastrophic injuries.
Incapacitation should be considered in a catastrophic injury case as well. With traumatic brain injuries, victims of accidents could be incapable of making decisions properly or even lose their ability to communicate. These injuries are also known to leave people unable to create and act on logical thought patterns.
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Fighting the Insurance Company
All of the aforementioned injuries can dramatically reduce a victim’s overall quality of life for extended periods of time. Unfortunately, the at-fault parties in such accidents rarely wish to provide total compensation to the people they harmed. They and their insurance companies will fight to minimize any settlements in an effort to secure their bottom-line profits.
That is why it takes a Bartlett catastrophic injury lawyer to go against the grain and fight for individual rights. Through processing a catastrophic injury claim, you stand to recover far more than if you simply accepted an initial settlement offered by the at-fault party. If you want the most comfortable future possible following an accident that caused catastrophic injuries to you or a family member that you support, start the process of filing your catastrophic injury claim today.
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The Difference Between a Personal Injury and a Catastrophic Injury
It is important to recognize the overall difference between personal injuries and catastrophic injuries. While personal injury claims primarily focus on recovering compensation for the short-term effects of injuries sustained in an accident, catastrophic injury claims build a case to recover financial compensation for long-term or lifelong damages.
In Tennessee, there is also another important difference. The limit for non-economic personal injury damages that can be claimed is $750,000, while catastrophic injury cases can recover a maximum of $1,000,000. In this sense, identifying whether you suffered a catastrophic injury rather than a personal injury can substantially increase the level of compensation you stand to collect.
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How do Lawyers Handle Catastrophic Injury Claims?
Navigating the legal process is nearly impossible for someone with minimal legal knowledge. In cases of catastrophic injuries, this process is even more difficult to navigate. To get the best possible outcome and highest possible settlement, legal expertise is required.
A Bartlett catastrophic injury lawyer with decades of experience will understand this process completely, and their knowledge and insights can be leveraged in your favor. You may not know how to collect evidence that substantiates your damages, but an experienced lawyer does. Likewise, you probably are not equipped to negotiate a fair deal from the at-fault parties or their insurance companies.
Hiring a catastrophic injury attorney in Bartlett transforms the impossible, making it possible to take on massive organizations that have millions of dollars available to pay their legal counsel. Law firms like Gatti, Keltner, Bievenu & Montesi PLC even have a network of experts who can provide evidence showing the true nature of your long-term damages. With this form of support, you stand to gain more compensation for long-term economic and non-economic damages that are very difficult to define.
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What Are Your Damages and What Compensation Are You Due?
There are four primary types of damages you can be awarded in a catastrophic injury case. They include:
These are quantifiable damages that relate to tangible losses. Effectively, economic damages are tied directly to the loss of money associated with an accident. Here are some common economic damages that plaintiffs claim in catastrophic injury cases:
- Wages that were lost due to an accident
- Hospital bills associated with injuries sustained in an accident
- Rent or mortgage payments that must be paid while one is unable to work
- The cost of replacement or repair of property damaged in an accident
- Lost work opportunities that were unattainable due to injuries sustained in an accident
These are general damages that are not easily quantified. While non-economic damages are not easy to calculate, they are equally as real as economic damages. Some examples of non-economic damages include:
- Mental distress caused by an accident
- Physical pain and suffering experienced following a catastrophic accident
- Diminished enjoyment from daily life
- Loss of companionship
- Loss of consortium
Sometimes courts will issue punitive damages to show negligent parties that they have engaged in wrongdoing. These damages are effectively punishment for bad behavior. Keep in mind that, in order to claim punitive damages, you must build a strong case proving that the liable party was extremely negligent or intentionally harmful. Doing so often requires highly experienced legal counsel from a trustworthy legal team.
Wrongful Death Damages
If negligence or harmful actions lead to death, family members have the right to pursue a claim against the at-fault party. Wrongful death damages encompass all costs associated with injuries that led to one’s death. It also includes non-economic losses that the deceased experienced leading up to their death.
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Catastrophic Injuries Are Serious, so Get Help with Your Case
Nobody injured in an accident caused by negligence should be left with a settlement that will not cover the full breadth of their long-term damages. To realize the full value of your catastrophic injury claim, speak with a Bartlett catastrophic injury attorney today.
Gatti, Keltner, Bievenu & Montesi PLC is waiting to hear from you. Simply use the contact form on this page to get in touch with our legal team.