Tens of thousands of drivers suffer catastrophic car accident injuries annually.
Unlike minor injuries that heal in a matter of weeks or months, catastrophic injuries can have lifelong effects on the physical and emotional well-being of accident survivors and their loved ones.
At Berry Law, we aim to empower those who have suffered catastrophic car accident injuries so that they can confidently pursue a personal injury claim.
Our goal with this learning resource is to help those harmed understand their rights and what to do next with the help of our award-winning La Vista catastrophic injury lawyers.
What Is A Catastrophic Injury?
Catastrophic injuries are those that result in permanent or long-term disability, including but not limited to:
- Traumatic brain injuries (TBI)
- Multiple fractures or broken bones
- Amputations
- Organ damage or failure
The burden these injuries place on individuals and their families can be overwhelming. In addition to physical limitations, catastrophic injuries can also result in emotional distress, financial stress, and a loss of independence.
What Types of Car Accidents Cause Catastrophic Injuries?
Catastrophic injuries can occur in any car accident. However, certain types of accidents are more likely to result in these severe injuries:
- T-Bone collisions: An impact to the side of a vehicle can cause severe injuries to the head, neck, and spine.
- Rollover accidents: These accidents can result in traumatic brain injuries and spinal cord injuries due to the violent movement of the vehicle.
- Head-on collisions: The force of two vehicles colliding head-on can lead to catastrophic injuries such as TBI and internal organ damage.
- High-speed collisions: The higher the speed at impact, the more severe the injuries are likely to be. High-speed collisions of any type can cause internal organ damage, severe burns, and amputations.
- Commercial truck accidents: The sheer size and weight of commercial trucks can result in catastrophic injuries that damage multiple body systems.
- Motorcycle accidents: Motorcyclists are at a higher risk for catastrophic injuries due to the lack of protection from the vehicle. Head, neck, and spinal cord injuries are typical in motorcycle accidents.
- Pedestrian accidents: Any person hit by a car is likely to suffer catastrophic injuries, as they have no protection from the vehicle’s impact. In addition to physical injuries from the impact itself, other damages from being thrown or dragged can also occur.
- Bicycle accidents: Though they share the road with cars, bicyclists have very little protection in the event of an accident. Head, neck, and spinal injuries are the most common catastrophic bicyclist v. car accident injuries.
It is safe to say that anytime a car is involved in an accident, there is a risk of catastrophic injuries for everyone involved.
Furthermore, the potential for catastrophic injuries is present when other accidents occur, such as a slip-and-fall or dog bite.
What Rights To Accident Survivors Have After Suffering Catastrophic Injuries?
The Right To File A Personal Injury Claim
When catastrophic injuries are caused by someone else’s negligent or reckless behavior, accident survivors have the right to file a personal injury claim to seek compensation for their damages.
These claims prove vital to injured parties as injuries sustained can rack up exorbitant medical expenses, lost wages or earnings, and other expenses that can turn their lives upside down.
A personal injury claim can help cover these costs and provide the necessary financial support during a difficult time.
The Right To File A Personal Injury Lawsuit
When the responsible party’s insurance company refuses to cover the full extent of damages, accident survivors have the right to file a personal injury lawsuit.
This legal action allows them to seek full compensation for their losses and hold the at-fault parties accountable for their actions.
Litigation is a complex process and best done with the help of seasoned catastrophic injury lawyers who understand how to:
- Investigate the accident to gather evidence and determine liability
- Calculate the true value of damages, including future medical costs and lost earnings
- Prove a case in court
Filing a personal injury lawsuit can help accident survivors recover the financial compensation they need to move forward and rebuild their lives.
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What Damages Can I Recover From A Catastrophic Car Accident?
Current and Future Medical Expenses
The upfront and lifetime costs of catastrophic car accident injuries can be astronomical. A personal injury claim or lawsuit can help cover medical expenses such as:
- Hospital bills
- Surgeries and other medical procedures
- Medications
- Rehabilitation and physical therapy
- Home care assistance
To ensure that all current and future damages are appropriately accounted for in a personal injury claim or lawsuit, it is essential to seek appropriate medical attention and document all expenses related to the accident.
Lost Wages and Earnings Potential
Catastrophic injuries can often result in long-term or permanent disability, making it difficult for survivors to return to work and earn a living. A personal injury claim or lawsuit can help recover lost wages due to missed work.
Furthermore, a catastrophic injury lawyer can help recover lost earnings potential for accident survivors who cannot receive the same income as before due to their injuries. This could include compensation for a change in career or the inability to work at all.
Property Damage
The severe nature of catastrophic injuries often means that the vehicle involved in the accident is also significantly damaged. A personal injury claim or lawsuit can help cover repair costs or provide compensation for a totaled vehicle.
Non-Economic Damages
It is possible for experienced legal representation to help recover compensation for non-economic damages that may not have a specific monetary value but still significantly impact the survivor’s quality of life. These damages can include:
- Emotional distress
- Loss of enjoyment of life
Though these damages may be more challenging to calculate, an experienced personal injury attorney can advocate for these damages to be included in a personal injury claim or lawsuit.
Why Do I Need A Lawyer After A Catastrophic Car Accident?
Recovery Is Hard and Daunting.
Recovering compensation after a catastrophic accident is challenging enough without having to deal with legal proceedings and insurance companies on top of it.
A catastrophic injury lawyer can handle all aspects of the case, allowing accident survivors to focus on their physical and emotional recovery.
Time Is of the Essence.
Any accident requires injured parties to file a claim within a specific time frame, also known as the statute of limitations. Failure to do so can result in the claim being dismissed and the inability to recover compensation.
With the years it could take to recover enough to begin the process, accident survivors may not have the time to navigate the legal system and meet all necessary deadlines.
A catastrophic injury lawyer can help ensure that all requirements are met within the allotted time frame to ensure a favorable outcome for claimants.
Determining Fault Is Complicated.
Not all accidents are what they initially seem. What seems like one party’s fault can be disputed by the opposing side, making it difficult to determine liability.
A personal injury lawyer can help investigate the accident, gather evidence to prove fault, and hold the responsible parties accountable for their actions.
Furthermore, many states have comparative negligence laws that may reduce compensation if the injured party is found partially at fault for the accident.
An experienced lawyer can help navigate these complex laws and negotiate an adequate settlement that meets the needs of the injured without compromising their ability to recover compensation.
What Should I Do After A Catastrophic Accident?
No matter the cause or type of accident, it is essential to complete the following steps as soon as possible after a catastrophic injury:
- Contact a catastrophic injury lawyer: The sooner a lawyer is involved, the sooner they can investigate the accident and gather evidence to support a claim or lawsuit.
- Seek further medical attention: Some catastrophic injuries, such as traumatic brain injuries, may not be immediately apparent. Seeking further medical attention can help diagnose and document these injuries for a personal injury claim or lawsuit.
- Document everything: Keep all records related to the accident, including medical bills, repair costs, and lost wages. This documentation can help establish the extent of damages and strengthen a case.
- Do not speak with insurance companies: It is important to avoid discussing the details of the accident or accepting any settlements from insurance companies without first consulting with a personal injury lawyer.
- Don’t post on social media: Insurance companies may use any information posted online to dispute the extent of injuries and reduce compensation. It is best to refrain from posting about the accident or injuries until the case is resolved.
By following these steps and seeking legal representation, accident survivors can increase their chances of recovering maximum compensation after a catastrophic accident.
Catastrophic Accident Injuries FAQ
Are all accident injuries considered catastrophic?
No, not all accident injuries are considered catastrophic. Catastrophic injuries involve severe harm to the body or brain and often result in long-term or permanent disability.
Can I still recover compensation if I was partially at fault for the accident?
It depends on the state’s comparative negligence laws. In some states, individuals can still recover compensation if they are found partially at fault for the accident.
How long do I have to file a claim after a catastrophic accident?
The time frame varies depending on the state and the type of accident that caused the injuries. For example, Nebraska has a four-year statute of limitations for personal injury claims, while it is only two years in Iowa. However, there are exceptions to these general time periods. For instance, if wrongful death occurs as a result of catastrophic accident injuries, that time frame may be reduced depending on the state where the incident occurred.
How do I know if a settlement offer is appropriate for my catastrophic injuries?
It is best to consult with a personal injury lawyer to determine if an initial settlement offer is appropriate for the extent of damages and losses incurred from catastrophic injuries. While it is often tempting to accept a quick settlement, it may not fully cover all expenses and adequately compensate for long-term or permanent disability.
Suffered A Catastrophic Accident Injury? Contact Berry Law For Comprehensive and Compassionate Legal Support
Catastrophic accident injuries may not be avoidable, but they can be easier to navigate with experienced legal representation.
At Berry Law, we understand the physical, emotional, and financial toll catastrophic injuries can have on individuals and their families.
Our team of catastrophic injury lawyers is dedicated to fighting for the rights of accident survivors and helping them recover the compensation they deserve.
Learn how to confidently pursue a personal injury claim or lawsuit to recover compensation for damages and losses by scheduling a free consultation with our award-winning catastrophic accident lawyers.
