You can suffer an injury in a series of ways, and while some will heal over time, others are so severe that they cause permanent disability. These injuries make it challenging to perform daily activities or work and have lifelong consequences. You will need extensive medical care and rehabilitation, which is costly and frustrating for injury victims.
Additionally, you will have to modify your home, and your family can become caregivers. You must identify the negligent party and prove their role in causing your injuries. A South Memphis catastrophic injury attorney from Gatti, Keltner, Bienvenu & Montesi, PLC, can help you through the entire process.
Explaining Catastrophic Injuries
Catastrophic injuries are life-altering or life-threatening injuries resulting from another person’s negligence. Injuries that cause disfigurement or severe neck, head, or spinal cord injuries can be considered catastrophic.
Many injuries happen in high-risk scenarios but can occur when doing mundane activities. Your life can change in an instant. Car accidents are the most common cause of catastrophic injuries.
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Types of Catastrophic Injuries
Any injury that has lifelong consequences and significantly impacts a person’s life can be considered catastrophic. These injuries are usually the result of another entity’s negligence. Examples of catastrophic injuries include:
- Amputations: surgically removing a body part like an arm or leg. Sometimes these procedures happen when the injury is so severe the limbs cannot be saved.
- Brain trauma: when an injury disrupts your brain function and leaves you with cognitive impairments, it is severe brain trauma. Some accidents can result in a coma, extended unconsciousness, minimal consciousness, or vegetative states.
- Paralysis is the partial or complete loss of muscular function when the nervous system cannot send signals to specific areas of the body. Partial paralysis means there is a possibility the person can regain motion, whereas complete paralysis implies the person will never recover movement, and the injury is permanent.
- Third-degree burns: if the burns affect 40% of the body or the face, they are catastrophic. They also result in disagreement, which impacts a victim’s mental and emotional state.
- Loss of vision: blurry vision can happen after an accident, but in some instances, it leads to retinal detachments. Other bairn and eye injuries can lead to loss of sight.
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Causes of Catastrophic Injuries
Any accident that causes physical harm can result in a catastrophic injury depending on the accident’s severity. While any incident can lead to a catastrophic injury, some are more prevalent than others. Examples of accidents resulting in catastrophic injuries include:
- Car accident
- Truck accident
- Construction accident
- Surgeries and medical procedures
- Defective products
- Workplace accidents
- Premises liability
- Pedestrian or bicycle accidents
Some catastrophic injuries can show delayed symptoms or take time for your medical team to determine the long-term impacts of the injury. It is best to work with your medical team and catastrophic injury attorneys to determine how this will impact your life long-term, physically, and financially.
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Compensation Avenues for Catastrophic Injuries
Damage awards are high in catastrophic injury cases because these injuries require lifelong care and leave victims with few options. Compensation claims will include economic and noneconomic damages. Examples of both include:
- Mental anguish
- Pain and suffering
- Loss of consortium
- Medical bills
- Household adjustments
- Household services
- Lost wages
- Future medical treatment
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Unique Challenges of Catastrophic Injury Claims
All personal injury cases have challenges when seeking compensation. However, catastrophic injury cases have additional complications. Assessment of case value is the largest hurdle for catastrophic injury victims.
The most significant burden is calculating future losses and medical expenses. These Injuries have long-lasting impacts, which means your South Memphis catastrophic injury lawyer must calculate all possible costs your injury will require.
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Filing an Insurance Claim
The first step for garnering compensation from an at-fault party is to file a claim with their insurance company. Regardless of the type of accident, an insurance claim is the first step for your injury case.
The insurance company will unlikely settle during this phase as they severely undervalue your injuries and case. The best way to combat the insurance company is to enlist the help of a catastrophic injury attorney in South Memphis, TN. Going to court can be the best way to seek and receive the compensation necessary for your permanent impairment.
When the insurance claim is not fruitful, your catastrophic injury lawyers will take the next step to file a civil lawsuit. Aside from the insurance company pushback, a civil suit is necessary for the highest settlement award. Insurance policies have limits, and the insurer is not required to pay beyond those limits even if your injury expenses surpass these limits.
Deadlines for Catastrophic Injury Claims
Most personal injury claims have a one-year deadline to file, except medical malpractice claims. The best thing is to speak to a catastrophic injury lawyer in South Memphis, TN, as soon as possible to discuss your recovery options. You want to ensure you stay within relevant statutes. Insurance companies will also have deadlines to consider, some within a few days or weeks.
Evidence to Prove Your Claim
When establishing negligence, your catastrophic injury lawyer in South Memphis, TN, must show by a preponderance of the evidence that the other person owed you a duty and failed their duty, causing your injuries. Violations of safety regulations or ordinances can also lead to injuries and will fall into the category of negligence per se. Some evidence you can present for your case includes:
- Forensic evidence
- Photos and videos
- Medical records
- Cell phone records
- Blood alcohol test
- CCTV footage
- Witnesses statements
- Expert testimony
Meet with a South Memphis Catastrophic Injury Attorney
It doesn’t take a freak accident to cause a permanent injury. Car accidents, medical procedures, and more can permanently alter your life. Catastrophic injuries are complex, and insurance companies will do anything to give you less than your case worth. Our catastrophic injury lawyers can review your case and fight for maximum compensation.
Call the office of Gatti, Keltner, Bienvenu & Montesi, PLC, to schedule an initial consolation.