A Catastrophic Claim Lawyer can alter the course of your life in a split second, leaving you with lasting physical, emotional, and financial burdens. Dealing with the aftermath is overwhelming. That’s why it’s important to know how to file a catastrophic injury claim so you can get the compensation you need and deserve.
Contact a Catastrophic Injury Claim Lawyer to
Contacting a catastrophic injury claim lawyer is the first step in the process. They can guide you and advise you on filing a claim so you can exert your rights successfully.
Understanding Catastrophic Injuries
Catastrophic injuries are typically defined as severe injuries that have long-term or permanent consequences. These may include traumatic brain injuries, spinal cord injuries, amputations, severe burns, or multiple fractures.
A victim of a catastrophic injury often requires extensive medical treatment, rehabilitation, and ongoing care. The impact on their quality of life and their ability to work and support their families can be significant.
Therefore, an attorney can help you negotiate a settlement that will help see you through financially for your current care and lifestyle needs, and what you’ll need in costs for future medical support.
Filing a Catastrophic Injury Claim
The process of filing a catastrophic injury claim is involved. That is why you need legal support. A catastrophic injury attorney can even visit you in the hospital and advance money for your medical bills if needed. Depending on a reliable attorney can make the difference between feeling overwhelmed or moving forward with renewed confidence.
Below are the steps you’ll need to take to ensure your claim is filed successfully.
1. Seek Legal Representation First
Again, hiring an experienced personal injury attorney who specializes in catastrophic injury claims is an essential first step. These cases are complex and require specialized knowledge to navigate effectively. Your attorney will help you gather evidence, determine liability, calculate damages, and advocate for your best interests throughout the process.
2. Collect the Evidence
Your attorney will help you gather crucial evidence to support your claim. This may include medical records, accident reports, witness statements, photographs of your injuries or the accident scene, and documentation of lost income or other financial losses.
3. Establish Negligence
To file a successful catastrophic injury claim, you must establish that someone else’s negligence caused your injuries. Negligence occurs when someone fails to exercise reasonable care in a given situation, ultimately leading to another person’s injury. Your attorney will analyze your case to determine if negligence played a role and who should be held accountable.
The 4 Elements of Negligence
When establishing negligence, you have to have four elements present, as follows.
- The defendant owed a duty of care.
- The defendant breached the duty of care.
- In turn, the breach caused the plaintiff to suffer injuries.
- Because the plaintiff was injured, they are owed damages.
4. Calculate the Damages and Determine Compensation
Catastrophic injury victims are often entitled to various forms of compensation to cover their medical expenses, lost wages or earning capacity, and pain and suffering. Your attorney will work with you to determine the full extent of your damages and fight for fair and just compensation.
Factors Considered for Determining Damages
An attorney who handles catastrophic injury claims understands how to calculate damages so you can receive an equitable amount.
Both economic and non-economic damages are awarded in catastrophic injury cases. Again, costs related to medical care, loss of compensation, loss of consortium (companionship), and pain and suffering are all considered.
To figure the amount of the award, your lawyer will consider certain factors, such as:
- The severity of your injury
- How the injury has affected your lifestyle – your ability to take care of your family and hold a job
- The length of your rehabilitation or medical care, and whether it’s temporary or permanent and ongoing
- The extent of the other party’s negligence. In some cases, punitive damages may be awarded – damages that punish the defendant for egregious reckless behavior.
5. Negotiate a Settlement or Go to Trial
Once your attorney has built a strong case, they will attempt to negotiate a fair settlement with the at-fault party’s insurance company. If negotiations aren’t successful, your attorney may move forward by taking your case to trial.
Remember that there are time limits, or a statute of limitations, on filing a catastrophic injury claim. In California, you have two years to file from the accident date.
Understanding what is involved in pursuing a claim is key to securing the compensation you deserve. With experienced legal representation, you can get the money needed to pay for medical costs and support your family.
Contact a Catastrophic Claim Lawyer
Talking to a catastrophic claim lawyer is a priority. In California, contact the Belal Hamideh Law Firm to schedule a consultation as soon as possible.