What are the legal recourses if I, or a loved one, suffer a catastrophic injury?
That’s a question nobody wants to think about, and hiring legal representation in light of a traumatic ordeal can be daunting.
In most cases, the reason someone seeks a catastrophic injury lawyer is because of negligence by a company or individual. It is important to note that workplace injuries do not apply to this scenario. They are governed by separate administrative rules and regulations and need to be handled by legal professionals who handle workers’ compensation cases exclusively.
Catastrophic injuries often result in a lifetime of medical treatments. These cases are particularly complicated to litigate, often taking years to resolve. And, millions of dollars may be at stake.
In catastrophic injury cases, medical bills can cost up to six or seven figures. If the individual has adequate health insurance, most of the bill will be covered. The uninsured can be exposed to massive bills that could force them to file for bankruptcy.
In a negligence case, medical providers will place a lien on a potential settlement. If there is a settlement or a verdict that results in a large monetary award, the lien is deducted from the reward. And if the award is large enough, the client can avoid bankruptcy altogether. In most cases, liens are negotiated down to ensure the client receives the benefit of the award.
Right to Life
In circumstances where a person is injured to the extent where they cannot make medical decisions, the first thing an attorney will look for is a living will, which lists an authorized person who can take over the process.
Otherwise, the decisions are ultimately left up to medical care providers and could result in a separate, messy legal battle. Living wills eliminate that issue and allow loved ones to advocate on behalf of the patient. It’s essential for everyone to have one, just in case a tragedy takes place.
Custody
If one parent is hurt (and the parents are still married), the other parent becomes the sole caretaker.
If the parents are divorced, the court must amend the court-ordered visitation agreement if the injured parent is unable to care for the children.
And in a case where both parents are seriously hurt, hopefully there is a living will indicating the caretaker. Otherwise, it’s up to the courts to determine who will become the legal guardian of the child or children.
Arguing the case
Catastrophic injury lawyers enlist the expertise of paid medical experts who analyze past, present and future care, informing attorneys as to what the case is worth.
Medical costs aside, attorneys will often hire experts to calculate a client’s economic loss due to the inability to work. This analysis — extraordinarily complicated in nature — typically includes a life expectancy table and an estimate of what the individual would have earned over a designated period of time.
If a case goes to trial, an expert in hedonic damages is often called upon to calculate the loss of enjoyment of life. It’s calculating the intangible, and it’s the domain of economic experts.
What if I can’t afford a lawyer?
A lack of money is never an obstacle.
Catastrophic injury cases are done on a contingency basis, meaning the lawyer only gets paid if its successfully litigated. A typical fee is one-third of the gross recovery if there’s a settlement and 40 percent if the case goes to trial. The client is responsible for outstanding medical fees and the costs associated with the various experts enlisted.
To settle or not to settle?
The lawyer’s primary job is to assess the value of the case and make an educated recommendation. The only thing a client can gain from a case is money, and hopefully, peace of mind.
Lawyers can’t eliminate the pain, suffering and ongoing medical treatments. The final decision of settling versus going to trial is whether the settlement offer outweighs the negatives of going to trial.