How Catastrophic Injuries Can Change a Personal Injury Case

After a truck crash, fall, workplace injury, car accident, or any incident where someone’s irresponsible behavior causes injuries to others, those who are hurt have the legal right to seek compensation from the person responsible for the harm they’ve suffered. This generally occurs through the filing of a personal injury lawsuit, though the case will often settle before trial.

When the injuries sustained in the incident are considered catastrophic, the case changes in a variety of ways. If you are contemplating legal action or are in the midst of a case, it is important to understand how catastrophic injuries can affect a lawsuit and be certain that your attorney is prepared to take the right steps to ensure a full recovery.

Understanding Catastrophic Injuries

There is no single medical or legal definition of a catastrophic injury, but generally, an injury fits in this category when it causes long-term effects that profoundly impact the daily life of the victim. While many injuries eventually heal and allow the victim to resume a life similar to the one they led before the injury, a catastrophic injury changes things permanently, although the change could be caused by a variety of factors.

Someone who has suffered a catastrophic injury usually requires long-term medical care at a level that puts care needs in the center of daily priorities. They may not be able to practice a career they enjoyed before, and could be prevented from performing any type of work due to physical or mental impairments. They often require assistance to undertake daily tasks others take for granted, such as getting dressed or preparing a simple meal. Even critical life skills such as eating and breathing may require assistance.

Catastrophic injuries can affect primarily just the mind or the body, but an impact on one has an intense impact on the other. For instance, someone suffering from traumatic brain injuries may not be able to work because they have lost the ability to concentrate mentally, but the disconnect in mental function also affects their ability to perform physical tasks, such as understanding how to modify their gait when walking on a wet surface. Conversely, if someone suffers a spinal injury that leads to paralysis so that they are extremely limited in physical movement, that impacts the victim’s mental and emotional wellbeing in disastrous ways.

Damage Awards Need to Provide for Future Needs

When considering the losses an accident victim has suffered in a personal injury case, there is usually considerable emphasis on the expenses that have added up since the injury. There are the bills for hospitalization, care from doctors, medical equipment, and caregiver expenses. Any income the victim would have earned is gone or drastically reduced, so the expenses for lost wages are factored in. If someone in the family can’t work because they are providing care, then those losses should be included. Adding up the past expenses is an important task. But it is even more important to consider the costs the family will face in the future.

Lost or reduced wages remain a possibility that could last indefinitely. The price of medical care is certainly not going to decrease in the future, but the need for additional care might arise as the victim ages, so it is important to calculate a reasonable cost for future care and be certain that it is included in the request for damages. It may be a good idea to consult a variety of medical professionals and vocational experts to assess future care needs and their cost.

Intangible Losses for the Future

It is sad when you have to miss a birthday party or another event you’ve been anticipating because you’ve come down with the flu. But in the back of your mind, you know this is only a temporary loss and that you will attend other parties in the future. So your dismay is manageable.

But how do you think you’d feel if you knew you would never want to attend a birthday party ever again because you’ve been so disfigured by a motorcycle accident that you never want to be around people? Or what if you knew that if you tried to attend a birthday party, you’d be in such excruciating pain that it would be an ordeal rather than a joyful event? When you’re missing out on aspects of your life forever, that changes your mindset completely. It is not surprising that many people with catastrophic injuries suffer from severe depression.

A personal injury lawsuit cannot restore aspects of life that have been ripped away because of catastrophic injuries. However, when the victim receives a substantial monetary award for the pain, suffering, and anguish, it provides a sense of justice and acknowledgement that life has meaning and value. It can help restore a small measure of self-respect. So it is vital to ensure that a request for damages includes amounts appropriate to compensate for the permanent losses the victim will experience in the years to come.

Be Prepared for Procedural Differences in the Case

When someone suffers catastrophic injuries, their world can slow down while everything else speeds up around them. The family members of the victim often need to be prepared to step in and take action on their behalf because there is no time to wait for healing that may never come.

It is a good idea to consult an attorney promptly for advice and assistance in preserving evidence needed for legal recovery. When an accident victim is horribly injured, insurance companies may offer settlements quickly to get the case to disappear quietly. While this might seem helpful to the victim and the family, it is important to keep in mind that the amount offered in an initial settlement is usually not nearly enough to meet needs or provide proper compensation for intangible losses. At the very least, it is a good idea to get a case evaluation from an experienced attorney before discussing any settlement offers.

Talk to DeKeyzer Law If You Think You May Be Dealing with Catastrophic Injuries

The long-term effects of injuries in an accident are not always apparent. Damage to the brain might heal over time or the effects could grow worse. Right after an injury, you might not be able to tell whether it should be considered catastrophic. But it is important to be prepared just in case.

The easiest way to protect your family for the future is to start working with a dedicated injury lawyer as quickly as possible. Early advice, guidance, and assistance from the right legal team now can make all the difference in the outcome of your case later. If the long-term effects you feared never materialize, then you can reduce your damage award for the future. But if problems arise in the future and you have not prepared by taking proper precautions to secure legal rights, your struggles in the future could be that much worse.

If you are dealing with injuries after an accident, talk to DeKeyzer Law for a free consultation and case evaluation to learn your best steps for the future. Just call us at 713-904-4004 or contact us online now.