Catastrophic injury is incurred as the result of an accident and is usually defined as an injury with lifelong consequences which prevent the victim from acquiring gainful employment even after recovery. If you suffered a catastrophic injury in Fairfax, Virginia because of a person or business’s negligence or gross misconduct, then a personal injury attorney is ready to take on your case so you will not be forced to worry about your financial situation. We know the ins and outs of our complex legal system, and we will use that knowledge to achieve the best possible outcome for your case.
Common Catastrophic Injury Cases
Catastrophic injury is often incurred due to vehicular collisions, medical malpractice, defective products, or workplace accidents. If you suffered an injury for any reason, then you might have a case. The outcome of the case is determined by a victim’s lifelong financial burden. Common catastrophic injuries include amputation, compound bone fractures, traumatic brain injury, paralysis, third-degree burns, ocular injuries leading to blindness, neurological damage, etc.
All of these injuries hold lifelong consequences not only for the victim, but for his or her family, friends, and caretakers as well. They result in endless stress and the need for lifelong supervision, personal care, and rehabilitation, in turn leading to significant financial burden. These cases are ultimately determined by the quality of life a victim will endure. They take into account past medical bills and those likely to be incurred in the future, lost wages, diminished earning potential, pain, suffering, emotional distress, and disability.
How Compensation For A Catastrophic Injury Is Calculated
Compensation for a client is calculated based on the factors unique to that case, including whether or not all parties involved wish to settle the case or duke it out in court. Here are a few of the most important factors that will help determine an award after a successful verdict is reached:
- Medical Bills. Compensation for these expenses when catastrophic injury is incurred almost always takes into account not only the medical bills you received as a direct result of the accident or injury in the past, but those that you might receive in the future for physical therapy, psychological therapy, personal care and assistance, surgery, and routine doctor’s visits. These awards can exceed millions of dollars in some cases because the standard of care is so much higher.
- Pain and Suffering. A client may be awarded damages for pain and suffering if there were long months spent in the hospital and months of physical therapy. They are separate from most medical bills.
- Emotional Distress. Much like pain and suffering, a person might endure substantial emotional distress following an accident or catastrophic injury. Some incidents may lead a victim to suffer from post-traumatic stress disorder (or PTSD), which can require lifelong support and therapy. In order to prove this in court, a victim of pain, suffering, and emotional distress should keep a journal throughout recovery in order to document pain and emotional state on a daily basis.
- Lost Wages. Many cases involving personal injury will result in lost wages, but those involving catastrophic injury might involve permanently lost wages. If a client cannot work because of the accident or injury, then these damages are important to a claim.
- Lost Earning Potential. Catastrophic personal injury claims always include diminished earning potential as well. If a person is permanently disabled or unable to find gainful employment because of new physical or psychological limitations, then he or she may be able to recover these damages in court.
- Death-related Expenses. The lawsuit might include wrongful death if there were additional victims of the accident who were friends of family of the client. Potential compensation is awarded based on funeral expenses, loss of financial support, and loss of inheritance.
- Punitive Damages. These are common in cases involving negligence by businesses or medical malpractice. Punitive damages are separate from other damages, as they are awarded based on wrongful conduct. Judgments are usually awarded based on the assumed need to punish the negligent party.
How A Catastrophic Injury Attorney Fights For You
A personal injury attorney will determine the appropriate legal strategy only after the discovery process has been completed. The process is a fact-finding mission to give a client’s case the best possible chance of winning either in or out of court. Our lawyers will fight to win your case by:
- Investigating. Our team will investigate all aspects surrounding the scene of the accident or injury in order to determine the scope of the other party’s negligence. We will speak to the authorities on your behalf. In addition, we will conduct witness interviews to increase our preparedness for any testimony that may be provided for the opposition in court.
- Documenting. We will contact medical and psychological professionals who may be asked to provide expert testimony in court on our behalf. We collect relevant documentation related to your medical expenses, and estimate those that may be incurred in the future. We contact your insurance providers when applicable, and those of the opposition, in order to find out how much compensation will be awarded from them.
- Strategizing. Lastly, our team will strategize in order to form a battle plan. We will contact the negligent party or their lawyers in order to make a fair settlement offer, or file a direct claim in civil court.
Call A Fairfax Catastrophic Injury Attorney Today!
Our Fairfax, VA Law Firm has a personal injury attorney ready and willing to field your questions. Are you the victim of a catastrophic injury? Have you suffered because of another person or business’s gross negligence? You may be entitled to significant compensation, and you deserve legal counsel that will rigorously fight for every penny. Contact our Fairfax offices for a free consultation with a catastrophic injury attorney today!