The Legal Problems in Claiming Compensation for Catastrophic Injuries
- March 2, 2023
Catastrophic injuries mostly happen due to accidents, explosions, etc. It might also be due to severe trauma, falling objects, etc. The spine, neck, head, and back are severely affected by fatal injuries. There are chances that the person might become permanently or temporarily disabled. A person who has experienced a catastrophic injury might have to depend on others for the rest of their lives, which becomes more tragic if it is due to the negligence of others. This is why personal injury law was established so the victims can claim compensation.
Choosing catastrophic injury lawyers who are experienced in the field helps get justice and the proper compensation; the victim requires the help of an attorney to increase the strength of their claim. The money they get can be used for further treatments or to make life easier. But, some factors affect the claims for compensation for catastrophic injuries; these are mentioned below.
The Insurance Policy of the Defendant
The defendant’s insurance policy can affect the personal injury compensations. Mostly, the lawyer negotiates the settlement terms with the defendant party’s insurance company rather than the person at fault. However, the compensation amount is mainly settled by the insurance company, so there are chances that there might be some restrictions due to the policy limitations of the defendant. But, when the injuries are severe, the lawyer ensures the victim gets the total policy limit.
Statute of Limitations
There is a set time limit when filing injury claims, and you must file them within that period. To ensure you get your case to court, you must file your claim before your state’s statute of limitations expires. Compared to standard injury claims, catastrophic injuries do not have an extended deadline. Your lawyer ensures that all the documents are submitted on time so that you can get the money you deserve. You usually have 2–4 years to submit your injury claim. However, the period varies from state to state. In San Diego, California, the statute of limitations for personal injuries is two years.
Some states are given the status of a no-fault state in the country. That means the victim cannot file for a personal injury case even if it is the other driver’s fault in an accident. This means that regardless of your fault, your insurance provider will cover the damages you suffer. But there are exceptions too. If the injuries are severe, no-fault states allow the victim to file a case against the driver. Since catastrophic injuries are considered severe, your lawyer can file a civil lawsuit against the driver in a no-fault state.
Filing the Case in the Court
When the catastrophic injury case gets into court, the guilty party often feels pressure to settle the case. There are several situations where both parties should reach an agreement before the litigation begins. The lawsuit can sometimes be time-consuming.
What Does Compensation Cover?
- It includes the medical bills of the ongoing treatments.
- If you have lost wages or financial gains.
- You also get compensated for the pain and suffering.
- Emotional suffering also comes under compensation.
The money you receive can compensate for the loss you have experienced, be it quality of life, mental stress, loss of a relationship, etc.
Summing up, catastrophic injuries can devastate the life of the victim and the people around them. When an accident occurs due to the negligence of others, the lawyer ensures that they use every tool to ensure that their client gets the total compensation. So, an experienced lawyer who can present you in court and quickly negotiate with the insurance providers is recommended.