In the context of personal injury law, a catastrophic injury is defined as a serious and often life-altering injury that results in significant, long-term disability or impairment. Examples of catastrophic injuries include traumatic brain injuries, spinal cord injuries, severe burns, amputations, and other serious injuries that significantly impact a person’s ability to live their life as they did before the injury.

When a catastrophic injury occurs, it can have a profound impact on the individual and their family. In addition to the physical and emotional toll, there may also be significant financial expenses associated with medical treatment, rehabilitation, and ongoing care.

In order to seek compensation for these expenses and the other losses associated with a catastrophic injury, the injured party may file a catastrophic injury insurance claim. This is different from a minor injury claim, which involves injuries that are less severe and typically result in a shorter recovery period.

A catastrophic injury insurance claim can involve a wide range of damages, including:

  1. Medical expenses – This includes the costs of medical treatment, hospitalization, and ongoing care related to the accidents and common types of personal injuries
  2. Lost wages – If the injury prevents the individual from working, they may be entitled to compensation for lost wages and future earning capacity.
  3. Pain and suffering – A catastrophic injury can cause significant physical and emotional pain and suffering, and the injured party may be entitled to compensation for these damages.
  4. Property damage – If the injury occurred in a car accident or other incident involving property damage, the injured party may be entitled to compensation for the damage to their vehicle or other property.
  5. Loss of enjoyment of life – A catastrophic injury can significantly impact a person’s ability to participate in activities they enjoyed prior to the injury, and they may be entitled to compensation for this loss.

In a catastrophic injury insurance claim, the injured party and their legal team will work to demonstrate the extent of the injuries and the impact they have had on the individual’s life. This may involve gathering medical records, testimony from medical experts, and other evidence to support the claim.

Because of the significant damages involved in a catastrophic injury insurance claim, the process can be complex and may involve a lengthy legal battle. However, with the help of an experienced personal injury lawyer, it is possible to seek compensation for the losses associated with a catastrophic injury and work towards a more secure future.

But How Do Insurance Companies Assess Payments For Long-Term Injury?

Insurance companies assess payments for long-term injuries using a variety of factors, including the severity and nature of the injury, the duration of the MEDICAL BILLS AND LIENS - PERSONAL INJURY ATTORNEYinjury, and the extent of medical treatment required. Here are some of the main steps they typically follow:

  1. Determining the severity and nature of the injury: Insurance companies will review medical records and reports from doctors to determine the extent of the injury and how it will impact the person’s life.
  2. Evaluating the duration of the injury: If the injury is expected to last a long time or be permanent, the insurance company may need to make ongoing payments.
  3. Assessing the cost of medical treatment: Insurance companies will look at the cost of medical treatment required to help the injured person recover or manage their condition.
  4. Consideration of other factors: Insurance companies may also consider factors such as the age and occupation of the injured person, as well as their overall health and lifestyle.

Based on these factors, insurance companies will calculate the amount of money they are willing to pay for a long-term injury. It’s important to note that this process can be complex, and the amount of compensation can vary widely depending on the individual circumstances of each case.

Can An Accident Case Involving Severe Injuries Be Reopened?

Yes, it is possible for an accident case involving severe injuries to be reopened, depending on the specific circumstances of the case. Here are some car accident with delivery vehiclereasons why a case might be reopened:
  • New evidence: If new evidence is discovered after a case has been closed that was not available during the original trial, it may be possible to reopen the case.
  • Legal errors: If there were legal errors made during the original trial, such as incorrect instructions to the jury, an appeal may be filed to reopen the case.
  • Fraud or misconduct: If fraud or misconduct is discovered on the part of one of the parties involved in the case, it may be possible to reopen the case.
  • Change in circumstances: If there has been a significant change in circumstances since the original case was closed, such as a new medical diagnosis or worsening of the injuries, it may be possible to reopen the case.

It’s important to note that reopening a case can be a complex and challenging process, and it is not always guaranteed that a case will be reopened even if one or more of these factors are present. If you believe that your accident case involving severe injuries should be reopened, it is best to consult with an experienced personal injury attorney who can review the details of your case and advise you on your legal options.

Auto Accident Claims

Reopening an auto accident claim can be the most difficult of all cases. Most accident injury cases involving serious catastrophic injuries will be settled with the negligent driver’s insurance company for the maximum amount when all total damages are calculated. This means that the defendant would be personally responsible for any further medical coverage if the reopening is allowed. These cases are often strongly defended, and it always takes an experienced personal injury law firm to begin the process when additional damages could be available.

Work Accident Claims

Work accident claims will often be settled with a clause that specifically allows for further medical coverage as the injured victim ages. The best possibility for construction accident lawyersreopening a catastrophic injury claim against an employer is that corporations often have financial solvency that allows the company to pay beyond insurance protection. This can apply to worker’s compensation cases as well when a personal injury law firm can file a lawsuit based on proven negligence by the employer. Employers are generally exempt from paying continuing medical bills or being held accountable for general damages regarding pain and suffering. However, employers must be in full compliance with OSHA laws, and proof of safety violations could be the basis for a negligence lawsuit in pursuit of additional financial compensation. 

Commercial Vehicle Accidents

Potential for reopening a catastrophic injury claim can also be available when the injury stems from a commercial vehicle or big-rig truck accident. Truck drivers are required to carry at least $1 million in liability protection, and many carry even more. Additionally, damages can also be obtained from employing companies when there is evidence of vicarious liability due to negligence on the part of the company. Some drivers are company employees and pass ultimate liability to the employer unless personal vehicles are used in the discharge of job duties. Once again, details of any prior settlement can complicate the potential claim reopening, and often there will be an agreement clause that prohibits future medical claims in exchange for a substantially higher lump sum settlement. 

How Our Personal Injury Law Firm Can Help

Regardless of the case details involved in a catastrophic injury claim, our personal injury attorneys can evaluate a potential case reopening based on the original agreement and craft a case for new damage demands. Catastrophic injuries will typically address future medical issues in the original claim when it is obvious that the victim’s condition will not improve over time, and many times it will require renegotiation by legal teams or request an official ruling directly from the court. The actual best time to address future medical coverage is when the original claim is being settled, and those suffering catastrophic injury should keep this in mind from the very beginning of obtaining financial compensation. 

Contact Our Offices

Time is of the essence in these serious injury cases. Call our offices today and let us put our experience to work for you in either filing for continuing medical coverage or reopening a catastrophic injury claim. These cases require legal expertise in both evaluating the amount of necessary financial compensation and the insistence that long-term liability should apply, which is why it is vital to have an experienced and aggressive personal injury law firm representing the claim.

Contact Kellum Law Firm