The Economic Cost of Catastrophic Injuries
No one expects to experience a life-altering injury. Unfortunately, this is a common reality for many. Every year, over 80,000 Americans suffer permanent disabilities due to brain or spinal cord injuries. Countless others experience debilitating harm to other areas of their bodies. This is why everyone should understand the legal strategies for securing maximum damages for catastrophic injuries. Sadly, the cost of care for such injuries is extreme. Even incomplete loss of motor function due to serious injuries can result in hundreds of thousands in medical bills. This barely scratches the surface when you consider the full economic costs – which includes lost wages, home modifications, ongoing therapy, and other financial losses.
Fortunately, substantial compensation may be available.
Don't Overlook the Potential for a Settlement
When someone suffers a catastrophic injury, their first thought often goes to filing a lawsuit. The same is true for individuals who have loved ones who suffered disabling injuries. However, the reality of such injuries is that most compensation is provided through settlement negotiations. Liable parties often have insurance coverage, and when they do, those insurers may be responsible for your losses. The important thing to remember is that insurance companies only have one goal: profit. The more money they pay out for legitimate injury claims, the less money their shareholders will see in their pockets. This is why you should never accept the first settlement offer. In fact, you shouldn't even discuss your case with an insurance adjuster without first speaking with an attorney who can advise you.
Establish Liability Beyond All Doubt
In personal injury law, the required threshold of proof is known as a "preponderance of the evidence." This means that the plaintiff's version of events is more likely to be true than not. That essentially means the courts only need to be 51% convinced that the defendant is liable for your injuries. However, the best legal strategies for securing maximum damages for catastrophic injuries go even further. Proving liability means showing that the defendant breached a duty of care and caused damages through their actions. This could be anything from a driver running a red light and causing a crash to police brutality inflicting severe injuries on an individual. Gather whatever evidence you can, such as police reports, witness statements, surveillance footage, and whatever else supports your personal injury claim.
Demonstrate Psychological and Emotional Impact
The economic losses of suffering a catastrophic injury can be devastating. However, they're far from the only losses that a person might suffer. Securing maximum damages for catastrophic injuries requires highlighting these losses. Non-economic damages can be substantial, which could include pain and suffering, emotional distress, loss of enjoyment in life, loss of companionship, and more. Sometimes, the potential for recovery for these losses is capped, but maximizing compensation requires establishing as many damages as possible. It's also important to understand potential damage caps. For instance, New Mexico doesn't have such caps in most cases, but financial recovery for certain claims is limited. Still, court awards can be worth hundreds of thousands of dollars, even when capped. If you've suffered catastrophic injuries, do not simply accept compensation for financial losses.
Understand Punitive Damages
Large truck accidents are a common cause of catastrophic injuries. In most cases, both economic and non-economic damages will be available to victims. However, envision a situation where the truck driver was heavily intoxicated. Such egregious behavior may open the door to additional punitive damages — damages meant to punish the negligent party rather than provide compensation to the victim. The potential for punitive damages doesn't only exist in big rig collisions. In fact, every personal injury case may be eligible for such financial compensation. In many instances, these damages can be substantially more than what's available for economic and non-economic losses. The underlying necessity is to prove that egregious or grossly negligent acts occurred, which may meet the punitive damage threshold.
Navigate Comparative Fault Issues
It's a devastatingly unfortunate reality, but many people who suffer catastrophic injuries never try to seek compensation. In many cases, this is because they feel like they contributed to their own injury. Perhaps they were speeding when their car accident occurred, or maybe they argued with police during an arrest. Whatever the case, it's important to remember that shared liability doesn't mean you can't recover compensation. Many states recognize comparative negligence, which means that injury victims can still recover damages even if they're partially responsible for their injuries. Victims who share liability benefit from this, but sadly, insurers frequently use comparative negligence to minimize potential damages. Make sure you anticipate defenses that attempt to shift blame and build evidence to minimize or negate your perceived liability.
Work With a Personal Injury Attorney
When someone suffers catastrophic injuries, they sometimes assume that their case is a "slam dunk." Perhaps they believe that liability is clear, and if their injuries are obvious, they might wonder how anyone could deny them compensation.
Unfortunately, the legal system doesn't always work how we'd like. Insurers don't want to pay out what you owe, and sometimes, the law sides with them. The simple fact is that insurance adjusters and attorneys know how the system works.
They know how to convince victims that they're entitled to less, and they're fully aware of how to take advantage of seemingly minor mistakes by the victim. Fortunately, a personal injury attorney knows all the legal strategies for securing maximum compensation for catastrophic injuries. There's no need for you to do this alone. At Gauthier & Maier Law Firm, P.C., our dedicated legal team will fight to secure every dime you deserve. Contact us at 505-226-3205 to schedule your free consultation.