Catastrophic Injuries: The Path to Compensation

 Posted on October 16, 2023 in Catastrophic Injuries

Catastrophic injuries are life-altering events that have long-lasting effects on a person and their families. Determining compensation for such injuries is complex because the victim must prove that the incident left them permanently incapable of living a normal life.  

The severity of such injuries usually includes impairments, such as brain trauma, amputations, and 3rd-degree burns. They not only cause physical and emotional suffering but also incur substantial financial burdens, needing compensation to help the affected person cope with the aftermath.

Common catastrophic injuries include:

 Compound fractures

 Maxillofacial injuries

 Blindness and eye injuries

 Shattered bones and joints

 Chemical and thermal burns

 Injuries leading to severed limbs

 Spinal injuries, including the neck and back

 Head trauma that might put the person in a coma or cause amnesia

Factors Influencing Compensation

Medical Expenses

One of the primary considerations when determining compensation for catastrophic injuries in Arlington Heights is the extent of medical expenses. This includes costs associated with emergency medical care, surgeries, rehabilitation, medications, assistive devices, and ongoing medical treatments.

Lost Earnings and Future Income

Catastrophic injuries often lead to a significant loss of income due to temporary or permanent disability. Compensation accounts for both current lost wages and potential future earnings that the injured person might have earned if not for the injury.

Pain and Suffering

Physical and emotional pain cannot be quantified. This is a challenge that many victims face when making a claim. This is where social support comes in. People nearest to the injured can injury’s severity, the impact on daily life, and emotional distress are considered in assessing pain and suffering damages.

Disability and Impairment

The degree of disability and impairment resulting from the catastrophic injury plays a huge role in determining compensation. This includes assessing the impact on the person’s ability to perform daily activities, pursue hobbies, and maintain relationships.

Rehabilitation and Therapy Costs

Ongoing rehabilitation and therapy are often necessary for people with catastrophic injuries. Compensation covers the expenses associated with physical therapy, occupational therapy, and any other therapeutic interventions aimed at improving the person’s functional abilities.

Home Modifications and Assistive Devices

Catastrophic injuries may require modifications to the injured person’s home and the purchase of assistive devices such as wheelchairs, ramps, or SMART technology. Compensation takes these cost factors into account and facilitates changes to the injured person’s living conditions.

Loss of Spouse (Relationship)

If the injury affected your personal relationships, compensation might be awarded for the deprivation of the benefits a familial bond or spousal companionship offers.

Evidence Required for a Catastrophic Injury Claim

When it comes to building a strong case for a catastrophic injury claim in Chicago, the key lies in gathering compelling evidence that clearly shows the extent of the injury and its impact on the victim’s life. Here’s the evidence you need to gather:

Medical Records and Expert Opinions

Obtain a detailed medical record that documents the injury, treatment received, and prognosis. These records should come from reputable medical professionals, specialists, and healthcare facilities.

Photographic and Video Evidence

Include high-quality photographs and videos of the accident scene, the injuries sustained, and the treatment. Visual evidence can have a powerful impact in illustrating the severity of the situation.

Witness Statements

Collect statements from witnesses who saw the accident occur. These statements can provide additional perspectives and strengthen your case’s credibility.

Financial Records

Compile financial records, including medical bills, receipts for out-of-pocket expenses, and documentation of any lost wages due to the injury.

Accident Reports and Investigation Findings

Obtain official accident reports from law enforcement agencies and any investigations conducted by relevant authorities. These documents can provide an unbiased account of the incident.

Rehabilitation and Future Care Plans

Include documentation of rehabilitation plans, future medical care requirements, and associated costs. This can help prove that the amount you are demanding is justified.

Filing a Catastrophic Injury Claim

Seek Medical Attention

The first and most important step after sustaining a catastrophic injury is to seek immediate medical attention. Your health and well-being should be the top priority.

Gather Evidence

Let your emergency doctor know what happened so that they can inspect the injuries from a different perspective. Tell them to include all details in the medical record for legal purposes. Any document that helps prove your case will allow you to win the case, if it goes to court.

Consult with an Attorney

Catastrophic injury claims are highly complex and often involve multiple parties, including insurance companies and legal teams representing the party at fault. So, instead of hiring any attorney, hire a professional who specializes in such cases. They will provide valuable guidance throughout the claims process, ensuring you have legal representation for your rights and get the compensation you deserve.

The catastrophic injury attorney will help you determine liability and file a claim with the insurance company on your behalf.

In many cases, claims are usually resolved through negotiations between the parties involved, often with the assistance of attorneys and mediators. If both parties cannot reach a fair settlement, your attorney will most likely recommend pursuing litigation by filing a lawsuit against the offender.

Reaching Settlement

After the judgment is passed, finalize the terms regarding how and when the compensation will be received.

In conclusion, filing a catastrophic injury claim in Crystal Lake requires careful planning, diligent documentation, and skilled legal representation. By following these steps and working closely with an experienced attorney, you can seek the compensation you deserve and begin to rebuild your life after a devastating injury.

If you or a loved one were in an accident that resulted in catastrophic injuries, don’t delay in seeking legal representation. Time is of the essence, and gathering evidence promptly is essential to building a strong case. Contact Newland Law today to discuss your situation and explore your legal options. For a free consultation, call 847-797-8000.