If someone else’s negligence has injured you, it leaves you in a difficult position. If the injury, however, is catastrophic, it is likely to be life altering, and obtaining the compensation to which you are entitled will be critical to reaching your fullest recovery possible.
If this is the serious situation you find yourself in, don’t wait to consult with an experienced Moncks Corner catastrophic injury lawyer for the professional legal guidance you need.
What is Considered a Catastrophic Injury?
Injuries leave you harmed and are never easy, but a catastrophic injury is far more difficult to recover from and may lead to ongoing healthcare needs that don’t end. While no exact definition is routinely used for catastrophic injuries, the term is usually reserved for very serious injuries requiring ongoing medical care.
Common examples include the following:
- Spinal cord injuries such as paralysis
- Injuries that lead to amputation
- Traumatic brain injuries
- Serious burns
- Injuries that lead to blindness or deafness
While nearly any kind of accident can lead to a catastrophic injury if it is serious enough, the kinds of accidents that are closely related to injuries of this magnitude include:
- Traffic accidents of every kind
- Slip and fall accidents, especially from heights
- Medical malpractice
- Nursing home abuse
- Accidents at work, such as construction accidents
Proving Negligence for a Catastrophic Injury Claim
If you have suffered a catastrophic injury, obtaining just compensation that covers your complete losses becomes that much more critical, and to do so, you’ll need to demonstrate that all the following elements are present:
- The other party had a responsibility to your safety, or in other words, owed you a duty of care. This is easier to understand when you consider the responsibility for other people’s safety that we all accept when we get behind the wheel of a car.
- The other party failed to live up to this responsibility. For example, when a motorist speeds excessively, they breach the duty of care they owe others on the road.
- This breached responsibility was the direct cause of the accident that left you injured.
- You suffered losses as a result of the accident that caused you to be injured that are addressed by the law.
The Losses From Catastrophic Injuries
While no two catastrophic injuries are exactly alike, the one constant is that the associated losses are even more considerable. The categories of loss you can address in your catastrophic injury break down into basic categories.
The medical expenses you experience as a result of a catastrophic injury will almost certainly be ongoing, and you may require permanent care. Depending on the kind of catastrophic injury you suffer, you may need assistance with the activities of daily living and may require home health care in addition to ongoing medical treatment, procedures, and care.
A catastrophic injury can leave you unable to return to work at all, but even if you are able to work, your ability to advance your career and maintain your former earning potential can be seriously curtailed. Because our careers can feature prominently in our sense of self, losses of this magnitude can be emotional as well as financial.
Physical and emotional pain and suffering
The pain and suffering you experience as a result of a catastrophic injury can be difficult to quantify. Your life was permanently altered in the blink of an eye as a result of someone else’s negligence, and you are likely to face a lifetime of challenges ahead.
The emotional aftermath of this kind of setback is likely to be immense and can include elements of PTSD, including:
- Accident flashbacks
- Sleep disturbances, such as insomnia and night terrors
- Increased anxiety that can include anxiety attacks
- Severe mood swings
Carefully addressing every category of loss you experience will play an important part in your ability to recover to the degree possible after suffering a catastrophic injury.
Filing Your Case within the Necessary Time Frame
In South Carolina, you have three years from the date of suffering a catastrophic injury to file a personal injury lawsuit. While most personal injury claims are settled out of court, obtaining just compensation that addresses your losses in their entirety is so critical after an accident that causes a catastrophic injury, filing a lawsuit against the at-fault party’s insurance provider may be necessary, which means that time is of the essence.
Request a Consultation With a Moncks Corner Catastrophic Injury Lawyer
West Law Firm Personal Injury Lawyers in Moncks Corner, South Carolina, is a family firm that is proud of its deep ties to the community. E. Mason West is our practiced catastrophic injury lawyer, and his keen legal insight and impressive experience guide every claim he capably handles.
Catastrophic Injury FAQs
Do I have to hire a catastrophic injury lawyer?
Catastrophic injuries are so serious that your losses are certain to be immense, and having a seasoned legal professional on your side is the surest means of obtaining just compensation that allows you to recover to the degree possible.
Are catastrophic injury lawyers expensive?
Most reputable catastrophic injury lawyers work on contingency because the expense of a lawyer in the face of a life-altering injury can be overwhelming. Working on contingency means that their pay — a prearranged percentage of the settlement or court award — is based upon the claim being resolved successfully.