Monday, December 11, 2023

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What are the Legal Options Available to Recover from a Catastrophic Injury Accident?

If you have been in an accident that has resulted in lost wages, long-term medical problems, a disability, or pain and suffering, then you should have to file a catastrophic injury claim. Different types of catastrophic injuries include severe burns, severe organ damage, loss of sight, loss of hearing, amputation, spinal cord damage, neurological damage, facial injury, nerve damage, and any other occupational illness. The causes of some common catastrophic injuries include product defects, sports accidents, motor vehicle accidents, workplace accidents, and medical malpractice. As a citizen of the United States, you should be aware of all your options. The best thing that you can do is talk to a catastrophic injury attorney to discuss your legal options and file a claim accordingly. 

  1. Personal Injury Lawsuit 

A personal injury lawsuit is filed when you suffer an injury or accident, and someone else is legally at fault. Life-altering incidents like catastrophic injuries can necessitate extensive medical care and long-term care. It is essential to seek the assistance of a catastrophic injury lawyer if you or a loved one has had a severe injury as a result of someone else’s carelessness or crime. These attorneys focus on handling cases involving severe injuries and have the skills, resources, and expertise required to assist you in getting the compensation you are entitled to. The responsible party is bound to provide you with financial compensation to make up for the losses that you have suffered, including lost wages, medical bills, and pain. However, to win the case, you need to prove that the defendant was at fault and you were only a victim of their reckless behavior. Once the liability has been established, the court of law will analyze the findings of your case to determine the compensation cost. 

  1. Worker’s Compensation Claim

According to a report by the NSC (National Safety Council), an employee is injured every seven seconds in the United States. This can add up to 4.6 million employees injured yearly. 

If you have been a victim of a catastrophic workplace injury, you must know that you don’t need to pay the recovery out of your pocket. Instead, you should work with your attorney to file a worker’s compensation claim. The benefits include payment for medical care, wage replacement, vocational rehabilitation, medical assistance after returning to work, and survivor benefits. The worker’s compensation claim is one of the easiest ways to get the company to give you the money you deserve. 

  1. Settling Out of Court

Did you know that over 95% of all catastrophic injury settlement negotiations are settled out-of-court? While this might seem like a surprisingly high number of cases, out-of-court settlements are the easiest, fastest, and fairest way to make arrangements accepted by everyone involved. 

During an out-of-court settlement, both parties meet with their lawyers to discuss the events that led to the catastrophic accident and the compensation terms. In most cases, an out of court settlement is better than taking the case to trial, as you will get the maximum amount you deserve. The settlement amount will ideally cover your medical bills, vehicle repairs, lost wages, long-term health care, and mental anguish. According to government statistics, injured people lose catastrophic accident trials 90% of the time. Therefore, negotiating a settlement will help you get a better deal with higher compensation.

  1. Going for a Trial 

If the opposing party (defendant) is persistent and unwilling to make a settlement, it is your (plaintiff’s) right to take the case to court. Fighting a case in court can be expensive and time-consuming. However, if the defendant and their lawyer aren’t cooperating, filing a catastrophic injury claim and going to trial is your best bet. During the trial, a judge will listen to both the defendant and the plaintiff, the witnesses, and assess the evidence to come to a judgment. If you win the trial, the judge will award you two types of damages:

  • Punitive: The plaintiff will receive a large amount of money and can use it however they want. Punitive damages are a way to punish the responsible company or individual for the accident. 
  • Compensatory: The defendant must pay you for all the losses, including medical bills, domestic services, disfigurement, loss of opportunity, pain and suffering, loss of employment, and rehabilitation expenses.     

Fight for Your Rights!

It is important to remember that the legal options available to you will depend on the circumstances of your case, the damage, and your injuries. Therefore, hiring an experienced personal injury attorney and discussing your case with them is recommended to know the best course of action for your situation. 

Infographic provided by MSA Meds, a professional medicare set aside account administration

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