How Can a Catastrophic Injury Attorney Help My Case?

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An injury may be catastrophic for many reasons. It may cause permanent disabilities or require expensive, long-term medical care. It might even significantly diminish the victim’s quality of life by affecting them physically, mentally, and emotionally. Due to the extreme consequences, victims often need a catastrophic injury attorney to help them recover financial compensation.

Although claimants always have the right to represent themselves, an attorney has knowledge of injury law and experience with insurance claim procedures. They use their negotiating skills to try to settle your case and can file a lawsuit if they cannot. Since the court system typically only gives victims one chance to claim compensation, you and your family should consider hiring an experienced injury lawyer.

Catastrophic Injury Cases Can Be Complex

Catastrophic injuries involve complicated issues of medicine and law. As a result, not all injury lawyers have the knowledge, experience, or skill to handle claims involving these injuries.

There is no single definition of a catastrophic injury. The American Medical Association (AMA) counsels doctors to maintain a healthy boundary between medicine and the law by using the term “permanent impairment” rather than “catastrophic injury.” Thus, the AMA’s definition of these injuries requires a permanent or long-term loss of a body part or reduction of a body function.

Another factor in determining whether an injury qualifies as catastrophic is to look at which body systems were affected. Specifically, some lawyers and insurers only consider injuries to the brain and spinal cord to be catastrophic. These injuries do not heal and, as a result, produce permanent, profound impairments.

However, this definition ignores injuries that might also produce permanent, profound impairments, such as third-degree burn injuries that produce disfiguring scars or limb amputations that permanently affect your ability to work or participate in activities you enjoy.

This is where catastrophic injuries become complex. Reasonable doctors can disagree about the effects of your injury, how much treatment and care may cost, and how the injury will affect your quality of life.

The Role of a Catastrophic Injury Attorney

Your injury lawyer will untangle these issues to fight for fair and just financial compensation for your injuries. Some of the ways your lawyer will help you include the following:

Comprehensive Legal Evaluation

Before you can make informed decisions about your case, you must understand its strength and value. A lawyer will analyze the facts of your case and how the law applies to them. They will provide objective legal advice, explaining the strengths and weaknesses of your case.

Finally, they will use your medical and financial records to estimate the compensation you may recover from an insurance claim or lawsuit.

Gathering Evidence to Build a Strong Claim

An injury claim will typically involve two types of evidence. First, you need evidence to prove the other party’s liability. In most cases, you must prove your injury happened due to someone else’s negligent actions.

Proving negligence will often require witness testimony explaining what happened to you. Photos and videos of the accident and the accident scene might also help.

Second, you will present evidence of the losses you incurred. Since these losses include both past and future costs, you may need an expert witness to explain the long-term effects of your injuries and the treatment you may require over your lifetime.

Navigating Legal Procedures and Deadlines

When you hire a lawyer, the law firm will come together to make sure you meet any deadlines in your case. They will also prepare all filings to comply with the local court rules.

Negotiating With Insurance Companies and Opposing Counsel

Most injury cases are settled. Settlements allow both parties to avoid the uncertainty of a trial. As a result, your lawyer will spend a lot of time and effort negotiating terms for a fair settlement.

Preparing for Trial and Representing You in Court

If your case does not settle, your lawyer needs to prepare for trial by deposing witnesses, preparing exhibits, and writing motions. The lawyer will present your evidence to a judge or jury and argue for full and fair compensation.

Frequently Asked Questions About Hiring a Catastrophic Injury Attorney

What Determines How Severe an Injury Will Be?

There is no single measure of the severity of an injury. Some factors you might consider include the costs associated with the required care, the permanence of the injury’s effects, and the type of effects it produces. Catastrophic injuries typically require expensive care, produce permanent disabilities, and affect a major body function.

What Is Considered a Catastrophic Injury?

Many injuries fit the definition of catastrophic injuries, including:

There may be other rare injuries that qualify as catastrophic. For example, losing some or all of the face would qualify as catastrophic because it would require expensive surgery and produce permanent disfigurement.

What Are the Long-Term Effects of Catastrophic Injuries?

The long-term effects of a catastrophic injury depend on the type of injury. They can include:

  • Paralysis
  • Cognitive impairment
  • Permanent scars
  • Loss of a body part or its function

Catastrophic injuries also have financial effects. Patients with these injuries may need ongoing medical treatment for chronic or recurring conditions. They may also require physical, mental, or occupational therapy. The victim may even need a caretaker to help them shower, dress, and eat.

Learn More From a Catastrophic Injury Lawyer Today

Catastrophic injuries have a profound effect on every aspect of your life. Contact The Moore Law Firm to discuss your injuries and the compensation you can seek.

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If you have been injured or have lost a loved one as a result of another person's negligence, you deserve to be fully compensated for your losses. The simple fact is that you should not be forced to pay the price for another person's careless or reckless actions.