When is an Injury Considered Catastrophic?
Hundreds of thousands of Americans are injured each year in all sorts of accidents. Despite an initially devastating injury, some people recover, heal, and get back to living their lives. Those victims who are less fortunate suffer serious injuries that end up requiring around the clock care. These people might not ever recover from their injuries. They are unable to perform the most basic activities of daily living. Further, they can be left unable to work to support themselves and their families. A catastrophic injury is one that leaves an individual with permanent injuries and the need for long term medical treatment.
Catastrophic injury claims often lead to large settlements or verdicts because the plaintiff may require multiple surgeries, ongoing medical care, and daily nursing care. In addition to these medical expenses, they can recover compensation for their lost income, lost future earnings, pain and suffering, severe emotional distress, and other economic and non-economic losses. A catastrophic injury typically has a life-altering impact on the quality of life of the victim. It leaves a person with long-term disabilities such as chronic pain, disfigurement, scarring, and the inability to sit, stand, or walk. A catastrophic injury can even leave a person with the inability to carry on an intimate relationship with their partner. The victim of a catastrophic injury can recover money for all of these various injuries.
How much is a catastrophic injury worth?
Every accident is different. Because every accident is different, the amount of money a person can recover will vary from case to case. Each case has varying factors that are specific to that case. For example, you have undoubtedly heard of an auto accident where one person sustains a severe injury, another person dies, and another person walks away with minor cuts and bruises. When there are several individuals in the same vehicle, depending on where each passenger is seated and the direction and force of the impact, each will have different injuries. The level of injury each individual sustains affects the treatment. If one person ends up paralyzed from the waist down, he or she will need a different level of care than the person who walked away with a few minor scratches. Naturally, a claim will be significantly more for the paralyzed victim, based on the calculations for lost wages, pain and suffering, medical expenses, etc.
The insurance company is also making these calculations. The plaintiff’s attorney negotiates with the insurance company until they reach an agreement that is fair and just for the victim. If an agreement is not reached, the client and attorney may decide to file a lawsuit, and a jury will decide on how much compensation is fair and just.
When a person barely survives a devastating injury and they are left with a broken body, unable to pursue the dreams they once had, no longer able to participate in the lives of their friends and family, and often in unrelenting pain, he or she deserves to be compensated. While the money in no way makes up for the life they have lost, it can help make sure that their financial needs are addressed and that they will have adequate medical care for as long as those injuries last.
When you have suffered a catastrophic injury caused by another person’s negligence, consult an experienced Memphis personal injury attorney at Bailey & Greer, PLLC. We will answer your questions and review your legal options based on the specific circumstances of your case. Please contact us at 901-680-9777 today or fill out our contact form to schedule a free initial consultation in our Memphis or Jackson office. We will discuss your case with you, and decide right away the proper plan of action. If you or your loved one is too injured to come to us, we will make arrangements to come to you. At Bailey & Greer, PLLC, our clients always come first.
As founder of Bailey & Greer, R. Sadler Bailey has battled his fair share of insurance giants and wrongdoers and has achieved numerous multimillion-dollar results for the victims of catastrophic injuries and their families. What’s more, he has been involved in more than 40 appellate court decisions affecting Tennessee personal injury law, including many landmark appearances before the Tennessee Supreme Court.
Read more about R. Sadler Bailey