Catastrophic Injury or Illness
There is some confusion about catastrophic injuries and other types of suits that are not catastrophic in nature. A catastrophic injury is basically a “class” of injury rather than a type of legal suit. A catastrophic injury is as its name implies, an injury that causes substantial damage to the victim and causes an enormous impact on the victim’s life and circumstances once inflicted.
Catastrophic injuries usually mean injuries to the brain, the central nervous system or critical lost of limbs. The victim’s life must be demonstrably more difficult be it in the form of self-sustenance, financially or other handicaps that would otherwise have not been present if the injury did not happen.
It should be noted that large numbers of catastrophic injury victims do not know their rights and often “settle” the claim outside of the legal system. It is ill-advised to do so the victim will most probably receive an unjust settlement agreement. It is of grave importance that legal help be sought if you or a member of your family has suffered as s result of catastrophic injuries. The future quality of life which would include long term care, medical expenses, nursing, rehabilitation etc. usually depends on the claim. You must absolutely get as much as possible to cover all the angles for your future.
The problem with catastrophic injuries is that the majority of the long-term implications of the injury do not become apparent until 5-10 years after the injury. The problem is once the amount of care and medication is made apparent at this late stage; any claims will not be entertained as the statute of limitations would have already come into effect.
Most of the time catastrophic injury claims are made up of part insurance claims and part personal property claims for the victim. The sad fact is that most individuals who cause catastrophic injuries are ill equipped to cover the claim made by the victim. This would often mean that government aid will be required. Dealing with government agencies and insurance agencies is extremely difficult and doing so without the help of a trained personal injury lawyer is almost impossible.
An integral part of catastrophic injury claims is determining the future cost of care and damages which the victim is entitled too. The degree of a person’s impairment has a very large factor to play in the final value of compensation that the victim will receive from all sources. Other medical evaluations also include:
• The injured person's ability to work; • The right to receive different kinds of economic compensation; • Eligibility for protection against discrimination; • Whether independent living is possible; • What type of physical therapy might improve his or her health.
Ultimately catastrophic injury or illness claims are very complex and will have a very significant impact on the victim’s future life. It is because of this complexity and importance that a professional personal injury lawyer should be hired. Even if the claim does not go to court, a professional lawyer will ensure that the victim will get a fair compensation for his or her injuries.
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