Catastrophic Injuries
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Catastrophic Injury Attorneys
Most personal injuries suffered as the result of an accident heal over the course of time as long as the victim receives the proper medical care. A catastrophic injury takes things to a completely different level because it is usually so severe and debilitating that it literally changes the victim’s life.
Long-term permanent disability frequently creates financial hardship for victims who are incapable of working and might require costly medical care for the rest of their lives. The Hampton Roads catastrophic injury attorneys at The Law Offices of John W. Lee, P.C., are committed to pursuing compensation for victims of the negligent or reckless behavior of other parties.
Virginia Beach Permanent Injury Lawyer
Catastrophic injuries usually involve chronic pain and a loss of independence caused by the disabling nature of the injuries suffered by a victim. Emotional distress may accompany the physical pain and suffering experienced by victims. In many instances, the suffering of the victim also causes tension and emotional distress for family members who frequently make financial sacrifices to ensure the victims receive the care and treatment they require.
Common Causes of Catastrophic Injury
There is no limit to the types of accidents capable of causing a person to suffer a catastrophic injury. Some of the common causes of catastrophic injuries include:
- Physician negligence and medical malpractice
- Diving and swimming pool accidents
- Equipment malfunctions
- Motor vehicle accidents
- Assaults and other intentionally committed acts
- Workplace accidents
- Fires and explosions
- Scaffolding and ladder malfunctions
Hampton Roads catastrophic injury lawyers understand the importance of conducting a thorough investigation and carefully reviewing the facts and circumstances of an accident. They know the severity of a collision may not determine the extent of the injuries suffered by an innocent victim.
For example, a seemingly minor crash between two cars with only slight damage to the vehicles could cause devastating injuries if an occupant’s head strikes a hard surface. The impact could be enough to cause a traumatic brain injury.
Types of Catastrophic Injuries
Whether or not an injury is catastrophic depends upon its effect on the victim. The victim usually suffers an extended or permanent period of being totally or significantly disabled. The person may be unable to work and, in many cases, requires assistance with common, everyday activities that could include dressing, eating and moving about. Some common examples of catastrophic injuries are:
- Spinal cord injuries
- Traumatic brain injuries
- Burns from fire or chemicals
- Crushing injuries
- Back and neck trauma
- Paralysis
- Internal organ damage
- Loss of hearing
- Loss of vision
- Multiple bone fractures
- Limb amputation
- Neurological impairments
- Scarring and disfigurement
It is not uncommon for a victim suffering devastating injuries in an accident to be in a coma or vegetative state for a period of time following an accident. Brain injury attorneys are keenly aware of the difficulty of recovering from severe head trauma. Studies showing that 90 percent of individuals remaining in a vegetative state for more than a month following a brain injury fail to recover beyond the stage of being severely disabled creates illustrates the importance of pursuing claims for compensation.
As devastating as the physical and emotional effects of a catastrophic injury can be on a victim, brain injury attorneys realize the financial impact cannot be forgotten. Caring for a loved one who was healthy and capable of working and living a normal life is suddenly forced to be dependent on others creates an emotional and financial burden on the family that must not be forgotten.
When Other People Are at Fault
An experienced spinal injury attorney realizes insurance companies will do whatever they can to avoid paying substantial sums to victims of medical malpractice or other forms of negligent conduct who suffer catastrophic injuries. Attorneys handling negligent birth injury litigation and other types of claims in which victims are left with severe and life-altering injuries spend a great deal of time investigating the claim and gathering evidence to prove fault on the part of the party against whom the claim is made.
Negligence is proven if the evidence shows injuries resulted from a party breaching a duty of care owed to the victim. For example, in negligent birth injury litigation, the attorney for the victim might prove the physician being sued caused the injury by failing to monitor the heartbeat of the fetus during the delivery, and such conduct was a breach of the standard of care expected of a doctor.
Even though the injuries in negligent birth injury litigation may be catastrophic, there must be evidence linking the negligence of the physician and the injuries. This is where the diligence of the attorney for the victim in preparing the case is so important.
Damages Recoverable in Catastrophic Injury Cases
When a personal injury attorney evaluates a claim, the primary goal to obtain the compensation needed to make the victim whole again. A spinal injury attorney must consider the future needs of the victim in determining the value of the claim.
Catastrophic injuries can make it impossible for victims to care for themselves, so the damages recovered must include the following:
- Medical expenses
- Cost of anticipated future medical care
- Lost current and future earnings
- Pain and suffering
- Costs associated with nursing care and home health aides
- Rehabilitation and therapy costs
- Cost of specialized equipment and medical devices
When a victim dies as a result of the injuries suffered, a wrongful death claim can pursue compensation on behalf of the victim’s family members for the loss of their loved one.
Claims and the Statute of Limitations
The law in Virginia gives the victim of a serious accident two years within which to pursue a claim for compensation. If the victim dies due to injuries suffered in an accident, the statute of limitations for filing a lawsuit is two years from the date of death.
Time limitations for filing claims can be complicated. Anyone suffering catastrophic injuries should speak to an attorney as soon as possible. Missing the statute of limitations deadline for filing a lawsuit can leave a victim without recourse against the party who was at fault.
How a Personal Injury Lawyer Can Make a Difference
Getting victims the compensation they need and deserve takes hard work, commitment and dedication. The skilled and resourceful Hampton Roads catastrophic injury attorneys at The Law Offices of John W. Lee, P.C., have a proven record of success standing up for the rights of victims and their families to be fairly and justly compensated. Their client-focused and aggressive pursuit of claims against negligent and reckless parties is unsurpassed. Schedule a free and confidential initial consultation and case evaluation today by calling (757) 896-0868.