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What Goes into Proving a Catastrophic Injury Claim? 

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What Goes into Proving a Catastrophic Injury Claim? 

Catastrophic injury cases include physical injuries and cognitive injuries. They include traumatic brain injuries, spinal cord damage, burn injuries, loss of any of the senses, organ damage, severe fractures, neurological disorders, and other types of injuries that require long-term care. Catastrophic injuries can be caused by vehicle accidents, negligence in the delivery room, product defects, slip and falls, assaults, and other factors.

Catastrophic injuries generally affect the victim for life. Some victims may require around-the-clock care. Many require a lifetime of medical assistance and/or live with a lifetime of pain. Catastrophic injuries affect a victim’s ability to function and enjoy life. Often, the entire family is affected. That is why it’s essential to work with experienced Memphis catastrophic injury lawyers who have a track record of success holding negligent drivers, doctors, manufacturers, and others accountable and who have experience working with the physicians and therapists who treat catastrophic patients.

In most catastrophic injury cases, the accident victim is not able to come to our office. In those cases, we make arrangements to meet with the victim and his/her family in the hospital, their home, or any other medical facility.

The liability issues in catastrophic cases

Proving liability depends on how the catastrophic injury occurred. In most cases, we work with investigators to determine what happened.

  • If the police were called to the scene of the accident, such as for a car crash, we review the police reports and speak with the police.
  • If defective products caused the injuries, we work with product safety experts.
  • If medical malpractice caused catastrophic results, we work with physicians who practice the same type of medicine as the doctors who committed malpractice.

In all cases, we conduct extensive discovery to question all the witnesses and all the defendants. We also seek to produce all relevant records and documents that might help show the defendants acted irresponsibly.

The damage issues in catastrophic cases

Damages in catastrophic injuries generally consist of several parts, which we fully address.

Medical expenses

This is often the most complex part of a catastrophic injury claim because it may not be immediately clear what the full extent of the physical and cognitive injuries are. It takes experience to understand the full range of medical services that will be needed on a day-to-day or even minute-by-minute basis.

Rest assured, that we work with all your treating doctors to fully assess your (or a loved one’s) short-term and long-term needs. We also work with independent physicians who understand the types of injuries involved and what medical care will be required.

Income loss

In many catastrophic injury cases, the victim will never be able to work again. We work with your doctors to confirm the victim has a full disability or long-term disability. We work with your employers and with financial professionals to assess all the income you will lose because you can’t work.

Pain and suffering

Every catastrophic injury patient will have some degree of pain for years or for the rest of their lives. Compensation for pain and suffering includes such things as your physical pain, your emotional needs, an inability to enjoy a spouse or children, the daily aches and pains of sleeping, eating, dressing, and every type of suffering you endure.

We work with physicians and psychologists to assess your pain and suffering. We also have your family members and friends confirm how much agony you’re in. And we ensure that the victims directly state, when possible, how much daily difficulty they have.

Additional factors

Many other damage factors may be considered, including your property losses (when applicable) and associated costs, like rental cars or childcare. If you have scarring or disfigurement, we seek additional damages. If the conduct by the defendant was wanton and malicious, we claim punitive damages. In cases of wrongful death, we will seek claims for funeral and burial costs

At Bailey & Greer, PLLC, our Memphis catastrophic injury lawyers have obtained millions on behalf of catastrophic injury victims and their families. To speak with an experienced Memphis, Jackson, or Western Tennessee lawyer, call us at 901-475-7434 or complete our contact form to schedule a consultation.

 

 

 

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Bailey & Greer PLLC

Our Locations

Memphis Office:
6256 Poplar Ave
Memphis, TN 38119
Phone: (901) 680-9777
Toll Free: 877-819-4414

Nashville Office:
28 White Bridge Road
Suite 400B
Nashville, TN 37205
(By Appointment Only)

Jackson Office:
2790-A N Highland Ave
Suite 100
Jackson, TN 38305
Phone: 731-423-2789

Text Us901-680-9777