An accident or injury victim may suffer various injuries with varying intensities and severity. This guide outlines the factors in which a catastrophic injury lawsuit differs from personal injury cases, and what it could mean for you.
Catastrophic injury vs personal injury
In most personal injury accidents, victims usually sustain mild to moderate injuries and eventually heal and recover from them. Catastrophic injuries differ from personal injury claims because they affect the victim’s quality of life. The total expenses, the severity of the injuries, and the scope of care and treatment are far beyond those associated with other types of personal injuries.
Catastrophic injuries often result in permanent disability. To help with the process of pursuing damages, it is crucial to seek the advice of a qualified catastrophic injury attorney. Visit this website to contact an experienced accident lawyer for your lawsuit. The sections below outline the key differences between catastrophic injury lawsuits and personal injury cases.
Determining Catastrophic Injuries
Neither the law nor medicine clearly define what constitutes “catastrophic injury.” Instead, “catastrophic injury” is a general term frequently used to refer to physical harm that necessitates extensive medical attention and could result in long-term consequences. In light of this, the following situations can be considered “catastrophic” injuries:
- Traumatic brain or spinal injury
- Loss of a limb
- Impairment of bodily function
- Disfigurement
- Permanent disability
- Long-term psychological trauma
Key differentiating factors
The main distinction between a catastrophic injury claim and a personal injury claim is the magnitude of the injury. Following are the key variations between the two:
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Type Of Injury
While the typical personal injury lawsuit proceeds through the standard explanations and processes, catastrophic injury claims are far more crucial due to the severity of the plaintiff’s bodily injuries. The extent of the harm is typically far greater and can persist for the remainder of the person’s life.
Economic damages, such as medical costs and lost wages, as well as non-economic damages, which cover emotional harm resulting from past, present, and potential impairments, can all be included in this category.
Time Of Recovery
The time a person takes to recover from a catastrophic injury might vary depending on the injury and the level of trauma. Many patients who experience comas never fully recover or awaken. Victims may have lifelong medical conditions in cases of paralysis, spinal cord injuries, birth traumas, and severe traumatic brain injuries.
The different levels of trauma a person experiences during the incident are another crucial distinction between ordinary and catastrophic injuries. If a person with a catastrophic injury is to have any chance of recovering from the severe trauma, therapy, counseling, and medicine are frequently required in conjunction.
Broader Legal Experience
Instances involving catastrophic injuries frequently require more medical data and investigation than cases involving relatively minor injuries. Medical professionals must evaluate the patients and offer their assessments of the severity of the wounds and the likelihood of recovery.
Medical evidence and expert testimony are crucial when demonstrating the severity of the injuries. The requirement for a lawyer grows dramatically if the victim enters a coma after engaging counsel since they will be irrelevant to the case.
Legal Obstructions
Insurance companies and corporate defendants are likely to pursue a more vigorous defense instead of dropping the lawsuit, given the higher financial compensations at stake. As a result, the plaintiff’s attorney may be involved in a protracted legal battle. Furthermore, the typical statute of limitations might only give the person one or two years from the date of the damage to file the claim.
Final thoughts
Costs associated with catastrophic injuries are quite expensive, as are any potential compensation from insurance claims or legal actions. Damages are far more complicated and extensive for a catastrophic injury sufferer.
When a client suffers a catastrophic injury, the appointed attorney must manage all legal proceedings and assist the client throughout the claim. Therefore, choosing the right catastrophic injury attorney is essential for the success of your claim.
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