A catastrophic injury is more serious than a typical injury. It often results in permanent changes to your body. Unlike a broken bone that heals in months, these injuries may require medical care for the rest of your life. This makes the legal process more intense and the stakes much higher.
Proving the need for additional damages
In a standard personal injury claim, you may recover compensation for medical bills and temporary lost wages. Catastrophic injuries, on the other hand, include long-term medical care, home modifications and diminished earning capacity.
Insurance companies can argue that your injuries are temporary and partial, protecting their bottom line. That is why you must secure a high level of documentation that outlines the permanence of your injuries and the consequences you face moving forward.
Presenting expert witnesses
Moreover, your personal injury claim may need qualified expert witnesses, such as a life-care planner and a vocational expert. They must base their statements on sufficient facts and reliable methods when testifying regarding your future needs and lost earning capacity.
Navigating the pure contributory negligence rule
Because catastrophic injury claims are high-value, insurance companies can convince a jury that you are slightly responsible for the accident. If the jury finds that you are at fault, even one percent, you can no longer recover damages.
However, you may fight your case through the Last Clear Chance doctrine. Although this may be possible, it has a high legal bar you must meet.
Facing your injury claim with help
The path to your recovery can be legally complex. A single error in your evidence presentation can derail your claim. However, you are not without options. Seeking legal counsel is the first step in building a strong personal injury claim that highlights the severity of your condition and the significance of your needs.