What You Should Know About Seeking Compensation For Catastrophic Injuries
Perhaps you fell at the workplace. Or maybe it was a road accident. The aftermath was an injury that has led to you losing the ability to work, needing assistance to perform basic tasks, maybe even suffering from long-term disability.
If this scenario reflects your reality, chances are high that you’re suffering from catastrophic injuries. Unlike personal injuries which often include whiplash, concussions, sprains, etc., catastrophic injuries may lead to amputations, severe burn injuries, loss of vision, disfigurement, etc.
So, in case you’ve been a victim of these types of injuries and are seeking compensation, what should you know beforehand?
Your Rights and Compensation
Say a driver ran a red light and rammed into your vehicle. When the dust settled, you were in the hospital with severe spinal cord injuries or other serious conditions.
You may have a solid case here, and it may just hinge on the other driver’s negligence. They failed to obey the traffic laws, hence directly leading to your severe injuries.
When filing a lawsuit, you can ask for compensation for medical expenses, lost wages, loss of quality of life, pain and suffering, and even loss of future earnings, based on your situation. To make the best of this situation, you’d do well to choose a personal injury lawyer in Kansas or others who are well-versed in handling these types of cases.
There’s a lot of work to be done, from filing the case, to talking to insurance agents, sometimes filing a lawsuit, maybe even appealing the court’s decision. You want someone who understands the ins and outs of the legal process to hold your hand. So, do your research and settle for the best personal injury attorney for your situation.
Statute of Limitations
Every state has a time period within which you must have filed a catastrophic injury lawsuit. Many states have it at two years, but they may vary. So, after the accident, you’ve got to be prompt.
If possible, start gathering information about what happened. Document the scene, get contact information from witnesses, and if it’s within your capacity, take a few photos. Once you’re in position, include police reports, medical care records, and such documents.
When you have this evidence, don’t keep it to yourself. Talk to your lawyer. Make it soon so they can hit the ground running. With proper documentation at hand and a lawyer with experience in such cases, you can go ahead and file the lawsuit.
Insurance Adjusters and Negotiations
Insurance companies often try to settle claims quickly and for the lowest possible amount. It’s not uncommon for them to use tactics that make your claim seem weak or offer settlements that may not be anywhere close to covering your damages.
So, how do you deal with insurance adjusters? A good approach is to let your lawyer do the talking. They’ll refer to the evidence at hand, your state of life before and after the accident, the damage you’ve suffered, and the after-effects that may echo long into your future.
They’ll then give the insurance adjuster a figure that accounts for all that. Negotiations for the best possible offer may then kick off. Make sure your attorney is present before recording any statement or signing on anything from the insurance team.
Possible Sources of Compensation
Suing the fault party often isn’t the only source of compensation. Depending on your injury and the circumstances surrounding it, there may be other avenues.
One of them is worker’s compensation. If the injury came about when you were going through your daily grind, you may qualify for workers’ comp benefits. This often covers medical bills and partial wages.
There are also government programs like Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) if your injury left you unable to work. Look into them too and see whether you qualify.
Consider third party claims too. It could be that a company manufactured defective products that led to your injury. Or maybe the property owner failed to maintain a staircase, leading to a fall that then caused a catastrophic injury. These parties may share liability for your injuries.
Talk to your lawyer about exploring these potential avenues. They’ll guide you on the best approach to take.
Closing Thoughts
Catastrophic injuries have the potential to turn your life outside down. Matter of fact, it is likely that your life may never be the same again. While compensation may not give you back what you lost, it at least provides some sort of reparation and allows you to live the best possible life in this new reality.
That said, knowing what’s fair and how far you can reach to get the compensation you deserve can be empowering. This guide has shared a few tips to guide you. The best approach would now be to get in touch with your lawyer and let them guide you on the next step forward.
