Any injury can have a significant impact on a victim’s life, but there is a certain level of injury that warrants the specific title of “catastrophic injury.” According to the United States Code, 42 USC § 3796b, “catastrophic injury” means an injury, the direct and proximate consequences of which permanently prevent an individual from performing any gainful work.” As you can imagine, an injury that prevents a victim from performing gainful work will have a significant financial impact on both them and their family. If someone else caused these catastrophic injuries through their own negligence, recklessness, or criminal behavior, the victim is entitled to compensation either from the responsible party directly, or more commonly through a representative insurance company for the entirety of the damages suffered.
While this makes sense in theory, due to pushback from insurance companies and defense attorneys, not to mention legal complexities, it can be difficult to recover the actual compensation the victim deserves. This is especially true for the victim while they are trying to focus on making sense of these injuries and trying to get back to some semblance of “normal” following the accident. This is why working with a personal injury attorney is one of the recommended decisions a victim and/or their family can make following a catastrophic injury in Miami, and why 1-800-Injured is a great resource to make this process simpler.
Contact 1-800-Injured Today For a Free Consultation After a Catastrophic Injury
1-800-Injured is an attorney and medical referral service. We can help you connect with an experienced, proven attorney in Miami who is ready to help you fight for the money you deserve as soon as possible. Many people overlook the importance of an attorney in the early days following a catastrophic injury, and may choose to file an insurance claim on their own. Filing a claim is a simple enough task, and insurance companies like to make the process as easy as possible so as to not alert the claimant to the importance of working with a professional. Only once the insurance company returns with their initial offer — typically shockingly lower than the victim had anticipated — do people realize the insurance company is not looking out for their best interests.
We encourage you to partner with a lawyer before you initiate your claim. This way you will be able to focus entirely on your personal needs without having to take on the added stress of the claims investigation and can be confident that there is a seasoned attorney handling this process for you. Read more about catastrophic injuries below, and contact us now for your free consultation.
Examples of Catastrophic Injuries
The following are just a few of the many catastrophic injuries that someone can suffer. Whether or not you see your injury listed below, the most important thing to remember is this: if your injury will prevent you from returning to work, it is legally defined as a catastrophic injury. If you are uncertain of whether or not your injury fits the legal definition of a catastrophic injury, our initial consultation is one of the easiest ways to get connected to an attorney who can provide you with legal advice about your current situation.
Losing a limb has a life-long impact on your ability to perform the work you once could, and whether or not you are able to return to some sort of working capacity, your output will be significantly different than before your injury. As there is no such thing as a full recovery from an amputation, since the limb will not be regenerated, your compensation must reflect the entire portion of your life that you will work with this injury.
Spinal Cord Injuries
Spinal cord injuries pose a serious risk of paralysis, either partial or complete. Depending on the nature of the injury, the location of the damage, and more, a victim of a spinal cord injury may suffer from one of the following paralysis injuries: monoplegia (a single limb), hemiplegia (one side of the body), paraplegia (paralysis in both legs), or quadriplegia (paralysis in all four limbs). Regardless of the specific type of paralysis, these injuries will have a lifelong impact on the victim.
Traumatic Brain Injuries
The term “traumatic brain injury” covers a wide range of injuries from minor concussions to permanent brain death. A minor, Stage 1 concussion will not have a life-long impact on the victim, but a Stage 3 concussion may leave the victim with ongoing post-concussion syndrome and a range of other impacts. There are many other TBIs that go beyond concussions, and it is important to work with a legal professional who can quantify the many impacts of your injury while seeking compensation on your behalf.
Severe burns can have widespread impacts on the victims life, including permanent disfiguration, loss of limbs, and decreased or lost mobility, to name a few. Serious burns can damage muscles and tendons in addition to superficial scarring, and may require skin grafts and extensive plastic surgery.
Seeking Compensation For Catastrophic Injuries
Since a catastrophic injury has a life-long impact on the victim’s ability to pursue both their personal enjoyment as well as their professional goals, there are widespread impacts that must be taken into consideration before either accepting a settlement or pursuing a lawsuit for adequate and wholly-encompassing compensation. This means your attorney will need to consider both the short-term financial impacts of the injury, as well as the impact of a long-term disability. The long-term compensation for substantial loss of income may not only reflect the victim’s current income, but could also consider things like their trajectory in their profession, such as promotions and raises. These are just a few of the many specific considerations to the long-term economic damages of a catastrophic injury.
In addition to these already-complex economic damages, the non-economic damages of a catastrophic injury are far-reaching and equally complicated to calculate — if not more. A victim of a life-changing injury will endure a range of emotional and psychological impacts, and non-economic damages are intended to provide financial relief for these kinds of suffering. Your attorney will take these impacts into account and will be able to pursue adequate compensation on your behalf.
Contact Us Now
The sooner you are partnered with an attorney, the sooner you can release yourself of the anxiety that comes with handling your own personal injury claim. Our referral service can connect you with a Miami catastrophic injury attorney without you needing to go through the hassle of finding law firms, reaching out, going through a series of consultations, and hoping to find a lawyer who is ready to take your case. We have that step covered, but you need to request an initial consultation with an attorney. Call 1-800-Injured to get started on this path today.