CATASTROPHIC INJURY
What is a Catastrophic Personal Injury Case?
A catastrophic injury case arises when an individual sustains severe injuries that lead to long-term or permanent disability, disfigurement, or life-threatening conditions. Examples of catastrophic injuries include traumatic brain injuries, spinal cord injuries, severe burns, amputations, and multiple fractures. These types of injuries often require extensive medical treatment, rehabilitation, and ongoing care. They can also have a significant impact on the victim's quality of life, ability to work, and overall wellbeing. Catastrophic injuries can occur due to various causes such as car accidents, construction accidents, medical malpractice, and more. Catastrophic injury cases are generally high value and complex, requiring the assistance of experienced personal injury attorneys with knowhow to navigate the legal process.
Can I Sue for Catastrophic Injury?
Depending on the cause of the accident, the causes of action for your catastrophic injury lawsuit will vary. For example, if the cause of the accident was a motor vehicle collision, then various sections of the California Vehicle Code may apply. If the cause of the accident due to being injured on the premises of another, then the California Civil Code, section 1714 may apply.
How Do I Sue for a Catastrophic Injury?
Taking legal action of any kind, including suing for catastrophic, can be complicated. There are many steps that need to be followed before a lawsuit is filed, and even more steps must be completed after. These steps may include filing a government claim and obtaining relevant police and medical reports, among many others. Although many of these steps can be completed without a personal injury attorney, often times people filing the forms on their own behalf may miss deadlines or omit important information that should have been included. For this reason, it is highly advisable that you consult our personal injury lawyers. Our personal injury attorneys will ensure that all of the required and advisable steps are met and will maximize your chance of winning your lawsuit.
What If I Have No Evidence?
Many people who have suffered the catastrophic injury of a loved one fail to take any action against those who caused it because they believe that there is no evidence of illegal actions. However, our personal injury attorneys have various ways to obtain the evidence needed for your lawsuit. For example, we can request documents (including emails and other electronic evidence) from anyone involved, subpoena witnesses to testify, and even take the deposition of the people who caused the accident. Very often there is more evidence than you might think exists, and this evidence can help strengthen your case.
Are There Deadlines for Filing a Lawsuit?
Catastrophic injury cases have numerous deadlines that can come up fast, so it’s important that you speak to our personal injury attorneys as soon as possible. Generally speaking, a lawsuit for a catastrophic injury must be filed within two (2) years after the accident. However, depending on the specific acts, people, and entities involved, there may be other deadlines as well. For example, you must often file a Government Tort Claim within six (6) months of the incident, if a public/government employee or agency is involved. And if any medical malpractice is involved, the lawsuit must instead be filed within one (1) year, versus two. Because of the many and complicated deadlines involved in a catastrophic injury case, it is important to retain a personal injury lawyer and file a lawsuit before the statute of limitations – or deadline – expires on any of your potential claims.
What Is My Case Worth?
Generally speaking, catastrophic injury cases have three types of damages: 1) economic, or special damages; 2) non-economic, or general damages; and 3) punitive damages. The value of your case depends in large part on these factors, as well as a fourth – liability.
Economic, or special, damages include payment for past and future medical expenses, and past and future lost earnings, among other types of losses. Non-economic, or general, damages include your pain and suffering. For example, if you injure your arm and require surgery, the pain and suffering stemming from the injury, the resulting surgery, and the loss of use of that arm while you’re recuperating, may be compensable as a non-economic injury. Non-economic damages also include loss of consortium – damages that the spouse of an injured person incurs, such as loss of companionship and support. Because you must prove that you sustained these damages, it’s important to get all medical treatment and psychological care that you need.
Punitive damages, although rare, exist to create a deterrent for other companies from behaving in a similar manner. To obtain punitive damages, you must show that clear and convincing evidence that the defendant acted with oppression, fraud or malice.
The last factor is liability. Every case has good facts and bad facts. The more good facts there are in your case, the more likely it is that you will win at trial, and the more likely it is that the defendant will pay more to settle the case. How do your attorney and the defendant's attorney discover good and bad facts? Through the discovery portion of the case, described above. This means that the value of a case can change as both good and bad facts are discovered throughout, and why a good personal injury lawyer can maximize the value of your case.
GET HELP NOW
Our personal injury attorneys have over a decade of experience fighting for the injured against the largest insurance companies in the country. Our office handles all manner of personal and catastrophic injury claims throughout California, including Los Angeles, Orange, Riverside, San Bernardino, San Diego, Imperial, Ventura, Santa Barbara, and Kern counties. If you or a loved one has been injured, please contact our office for a free consultation.