Personal injury victims can seek to hold the “at-fault” party liable for damages they sustain in an accident. Negligence generally serves as the “fault” at issue in these cases.
Negligence occurs when a person fails to use proper care when engaging in an activity. What constitutes “proper care” varies. It depends on the activity in question. It also depends on the relationship between the defendant and the victim.
Some injuries substantially disrupt the lives of victims and their families. They harm a victim’s ability to work. They also impact the victim’s ability to enjoy time with his or her loved ones.
We refer to these injuries as “catastrophic.”
They are incredibly debilitating. They can also be legally complicated.
Catastrophic injury victims must take immediate action to protect themselves and their families. If you or a loved one has suffered a catastrophic injury in the Memphis region, it is imperative that you consult with an experienced catastrophic injury lawyer today. Your lawyer will protect your legal rights and help you to seek full and fair compensation.
What is Considered a Catastrophic Injury?
You can get a clearer idea of what constitutes a “catastrophic” injury by looking at the definition provided by the National Center for Catastrophic Sport Injury Research. The Center describes these injuries as falling within three categories:
- Those that cause long-term or permanent disability
- Those that cause disfigurement
- Serious injuries to the head, neck or spinal cord.
Catastrophic injuries can occur in almost any type of situation. For instance, they can result from an accident at a workplace or a fall on a slippery sidewalk.
Most often, these injuries occur where a person faces a “high-risk” scenario. The most common “high-risk” situation arises when you travel in a car. Indeed, car crashes remain the most common cause of serious injuries in our region.
The Tennessee Department of Safety and Homeland Security reports that nearly 400,000 car accidents occurred within the state in the year 2015 alone. These accidents resulted in more than 42,000 reported injuries, including 7,000 catastrophic injuries.
Certain types of auto accidents carry a heightened risk of resulting in life-changing injuries. Motorcycle accidents, accidents that occur at high speeds and crashes involving pedestrians or large commercial trucks serve as examples.
How Much Compensation Can You Pursue for a Catastrophic Injury?
Once you establish liability for a catastrophic injury, you must seek compensation for the full extent of your damages.
Generally, catastrophic injury victims may be entitled to recover compensation for:
- Past and future medical expenses (including emergency treatment costs and costs associated with rehabilitation and physical therapy)
- Lost wages and diminished future earning capacity
- Pain and suffering
- Loss of enjoyment of life.
In some cases, punitive damages may be sought. These damages do not compensate a victim. Instead, they punish the “at-fault” party and deter the defendant and others from engaging in similar misconduct in the future.
Catastrophic Injury Victims Must Be Ready for Unique Challenges
Victims of catastrophic accidents must understand that they will face significant hurdles when it comes to seeking full compensation.
One hurdle involves the assessment of a case’s value. These injuries often require long-term medical treatment. They can have long-lasting effects on victims. These future damages must be fully accounted for in your injury settlement demand.
It may be relatively easy to put a value on medical expenses that have already been incurred. But how do you value rehabilitative care that will be needed in the future? A fair valuation will require comprehensive expert analysis.
In reality, insurance companies hope you do not seek an expert’s input. If they think they can get away with it, the insurance company may choose to undervalue your claim. You cannot let the insurer get away with this.
Do You Need Help of Memphis Catastrophic Injury Lawyer?
A catastrophic injury will affect you and your family for decades to come. You will need fair compensation.
Just as professional medical assistance is needed to take on the challenges that come with physical and mental rehabilitation from a major injury, professional legal assistance is necessary to take on the challenges that come with pursuing a fair settlement offer.
The experienced personal injury team at the Law Office of David E. Gordon is ready to help. Our firm handles each personal injury claim with the individualized attention that it deserves.
We have the skills and experience necessary to help you to seek a full and fair recovery. Our office is located in Memphis, Tennessee. We handle cases throughout the region, including in northern Mississippi. To schedule your free, no obligation case evaluation, please contact us today.