catastrophic injuries

Our Orange County Attorneys Discuss the Roadmap for Navigating Your Catastrophic Injury Claim

No one ever expects to be involved in an accident, much less in one that results in a catastrophic injury. However, these accidents happen every day and can mean a long road to recovery with significant emotional trauma and physical pain, expensive medical bills, and time off work or a loss of your job. When a tragedy happens, you may not know what to do, how to file a personal injury claim, or how to move forward. 

The skilled and compassionate legal team at Case Barnett Law understands the severe impact a catastrophic injury can have on a victim and their family and knows that the process to securing compensation can be challenging. We have extensive experience guiding injury victims through the complicated process of pursuing the compensation they need to rebuild their lives. Here, we discuss the claims process for obtaining a fair settlement for a catastrophic injury. 

What Is a Catastrophic Injury?

In general, a catastrophic injury is any injury that permanently prevents you from performing gainful work and typically involves permanent or long-term pain or loss of the use or function of a limb or organ. Catastrophic injuries, which are usually life-changing and result in extreme harm to the victim, can be any of the following:

  • Spinal cord injuries. The victim may suffer loss of sensation and/or paralysis.
  • Traumatic brain injuries (TBI). The victim may suffer emotional and cognitive impairment.
  • Severe burns. The victim may suffer scarring, disfigurement, and pain.
  • Organ damage. The victim may suffer life-threatening injuries to internal organs.
  • Amputation. The victim may face significant changes in their ability to perform daily tasks and enjoy life.
  • Loss of hearing or sight. The victim may suffer injuries that negatively impact their day-to-day life.

An injury is also considered catastrophic when the following is true:

  • The victim needs extensive medical treatment. Catastrophic injuries often require emergency care, surgeries, hospitalization, rehabilitative therapy, medical equipment, home modifications, and ongoing care.
  • The victim is permanently disabled. A catastrophic injury often causes permanent impairment or disfigurement that affects the victim's ability to perform daily activities, work, or live independently.
  • The victim cannot work. Many catastrophic injury victims cannot return to their previous jobs or any form of gainful employment. This may mean a lifetime of lost wages.
  • The victim faces a reduced quality of life. Catastrophic injuries take a huge toll on the victim's physical and emotional health, relationships, and ability to enjoy life. Some may require daily assistance with basic needs.

What Are the Most Common Causes of California Catastrophic Injuries?

Catastrophic injuries are often associated with truck and motorcycle accidents, but they can also happen as a result of the following:

  1. Construction site accidents
  2. Heavy machinery accidents
  3. Medical malpractice
  4. Product defect accidents
  5. Bicycle accidents
  6. Pedestrian accidents
  7. Dog Bites
  8. Slip and fall accidents
  9. Sports injuries
  10. Blunt force trauma due to violent crimes

We Can Help You Through the Claims Process for a Catastrophic Injury

When you’re involved in a serious accident, you have a lot of questions and may wonder if it’s worth it to hire an attorney. Our Orange County personal injury attorneys want to explain the claims process for catastrophic injuries so you understand the importance of hiring legal counsel. Here are the general steps involved in filing a claim:

  • Get medical attention right away. This is critical for two reasons. One, you need to see a doctor to help ensure you get the right medical care for your injuries. Two, a doctor visit helps prove that your injuries were a result of the accident, and there’s documentation linking the accident to your medical condition.
  • Notify insurance companies. Another important step in the claims process is notifying your insurance company and the insurance company of the at-fault party about the accident. This notification will initiate the claims process.
  • Hire a lawyer. An attorney will not only guide you through the legal process, they’ll help protect your rights, be your advocate, and help you get the full compensation you deserve.
  • Document the accident. An important step in the claims process is to gather critical evidence, including medical records and the police report, and get witness statements if possible.
  • Take photographs. Use your cellphone to take pictures of the accident scene and your injuries.
  • Negotiate with the insurance company. This step in the process can jeopardize your personal injury claim. Because insurance companies want to pay out as little as possible to you in compensation, they will try to get you to make a recorded statement so they can misconstrue your words. Our attorney will negotiate with the insurance company to help ensure communication that can’t be used against you.
  • File a lawsuit. If the insurance company won’t negotiate in good faith, we may file a lawsuit against the at-fault party. This will involve a trial process where a judge or jury will determine liability and damages.

There are critical considerations during the claims process that an attorney will also help with:

  • Filing a lawsuit within the statute of limitations. In California, this is two years from the date of the accident.
  • Determining third-party liability. If the accident was caused by a third party, such as a business or another driver, you may have additional resources for financial recovery.
  • Understanding insurance coverage. Understand the policy limits of your insurance coverage and the at-fault party's insurance coverage.

Compensation for California Catastrophic Injuries

Catastrophic injury claims seek to recover compensation for the victim's past and future damages, such as the following:

  • Medical bills
  • Lost earnings
  • Pain and suffering
  • Punitive damages to punish the at-fault party if their actions were particularly reckless

Recovering full and fair compensation is crucial for catastrophic injury victims, as they face a lifetime of physical, emotional, and financial challenges. An experienced Orange County personal injury lawyer can thoroughly assess your case and fight for the maximum compensation you deserve.

Case Barnett Law for Your Catastrophic Injury Claim

The dedicated Orange County personal injury attorneys at Case Barnett Law understand that catastrophic injuries can put a huge strain on marriages, family dynamics, and friendships. Along with the financial strain of expensive medical bills and lost wages, victims often face a loss of independence and drastic changes in their social lives. They may also suffer emotionally due to frustration and resentment about their new living situation. The legal team at Case Barnett Law knows that catastrophic injuries can have a lasting impact on a victim’s life, as well as the lives of their family members. That’s why it’s crucial to get legal advice when you’ve suffered a catastrophic injury.

Claim a Free Consultation With Our California Personal Injury Lawyer

At Case Barnett Law, we know that finding the right personal injury lawyer for your accident can be crucial to your success. Luckily, we bring all the essentials to the table: experience, communication skills, a proven track record, and, most importantly, a commitment to our clients’ well-being.

You can find out whether you have a valid case at no cost to you. That’s because we offer free consultations. To request a free consultation with our team, reach out by calling 949-409-0055 or filling out the online contact form below. We proudly serve clients throughout Costa Mesa, California, and the surrounding areas.