All personal injuries can be traumatic, but some can have long-term, life-changing consequences. Sometimes, the injuries you sustained in an accident have a permanent effect on the way you move through the world, and cause life altering harm.
These injuries can prevent you from achieving your goals, performing your usual daily routines, or even going back to your job, and include things like spinal cord injuries, traumatic brain injuries, and more. A catastrophic injury (also referred to as a severe injury) can also put serious stress on the victim’s family. If you have suffered a catastrophic injury, you need a highly skilled personal injury lawyer to help you rebuild your life and recover the compensation you deserve.
The catastrophic injury lawyers at Munley Law Personal Injury Attorneys have decades of experience representing people who have suffered serious or life-threatening injuries due to other people’s negligence. We have won cases against large companies and powerful defense teams. We know that we can’t undo the pain you’ve endured, but we can help you find a way through it. Contact us today for a free, confidential consultation.
Understanding Catastrophic Injury
What exactly is a catastrophic injury, and how is it different from other kinds of injuries? A catastrophic injury is an injury that has significant, long-term, or permanent effects on your life or your body. An injury that results in disfigurement, dismemberment, or the loss of a bodily function can be considered catastrophic Typically, a catastrophic injury will result in multiple surgeries, prolonged medical treatment, and/or long-term recovery. Catastrophic injuries are caused by a wide variety of accidents.
Types of Catastrophic Injuries
Serious and catastrophic injuries can exist in many, many ways. Some of the most common serious injury cases involves types of injuries like:
- Traumatic brain injury (TBI) or brain damage
- Paralysis resulting from neck or spinal cord injuries
- Paraplegia or quadriplegia
- Loss of limb (amputation)
- Permanent disfigurement or facial scarring
- Serious burn injuries such as a third-degree burn
- Permanent impairment of a function or faculty such as blindness, deafness
- Ruptured of organs such as the kidney, liver, or spleen
Accidents that result in these types of injuries can happen at any time and seriously impact your life for years to come. In many cases, you will have to learn how to live a new life with long-term therapy or permanent disability. This means you could be facing years of rehabilitation and medical bills. You may never be able to work again in the job you used to do. A catastrophic injury attorney can provide crucial guidance during this process, and help you get the financial compensation you deserve.
Common Causes Of Catastrophic Injuries
Catastrophic injuries are caused by a wife variety of accidents. Sometimes an unexpected freak accident, like stumbling over a step and landing on your head, can result in an injury of this magnitude. However, there are some general types of accidents that do commonly result in catastrophic injuries. These include:
- Car accidents
- Construction accidents
- Medical mistakes or malpractice
- Bicycle accidents
- Accidents that involve falling from a significant height
- Athletic accidents
- Defective drugs or medical equipment
- And more
If you or a loved one experiences an accident like any of those listed above, it’s crucial to seek medical care immediately. Sometimes injuries are visual and obvious, but some occur only internally and may not be visible to the eye. Seek medical treatment as soon as you can.
Recovering compensation for a catastrophic injury
If you have suffered a catastrophic injury, the right personal injury lawyer can help you recover substantial compensation. One form of compensation you may be eligible to recover falls under the category of economic damages. These are damages that have a clear and concise monetary value that can be calculated via bills and receipts. Economic damages include things like compensation for medical bills and ongoing/future treatment, including any necessary therapy, rehabilitation, medical devices, or at-home long term care. You can also recover compensation for lost wages resulting from time missed from work, as well as compensation for lost earning capacity going forward.
Additionally, you and your catastrophic injury attorneys can seek non-economic damages. When someone experiences a severe injury, the harm goes far beyond the physical. There is, without a doubt, a great deal of emotional pain and suffering. There might be anxiety, depression, or PTSD, in the victim as well as amongst their family members. The severe injury victim may no longer be able to participate in the parts of life that previously brought them joy.
To help compensate for this, personal injury law allows victims of catastrophic injuries to seek non-monetary damages. This means the victim and their family can recover compensation for diminished quality of life, as well as pain and suffering endured as a result of the injury. The goal of this compensation is to, as much as possible, restore the victim to the quality of life they knew before the injury.
To receive maximum compensation, you’ll need the representation of a serious injury lawyer with a strong track record. You or your loved ones have experienced life altering harm, and you deserve both justice and compensation. Don’t hesitate to contact a catastrophic injury attorney to learn how we can fight on your behalf.
Do all injury attorneys handle catastrophic injury cases?
If an injury caused by someone’s carelessness results in permanent impairment, catastrophic loss, or death, your choice of attorney matters. You will need the best representation to make sure that the negligent party is held accountable. However, not all personal injury lawyers are equipped and/or qualified to handle cases involving catastrophic injuries. Determining – and obtaining – appropriate compensation for catastrophic injuries is typically much more challenging than for less severe injuries. After a catastrophic injury, you may not know how long you will be in recovery, out of work, and rebuilding your life. You need a lawyer who can help you navigate this difficult time and fight for you while you focus on recovering.
At Munley Law Personal Injury Attorneys, our compassionate and highly skilled catastrophic injury lawyers will fight on your behalf to achieve the justice you need and deserve. Our legal team will work with medical experts and analysts to determine what proper compensation will look like for you. We will answer your questions in confidence and review your case for free. Our experienced injury attorneys have obtained numerous multimillion-dollar settlements and verdicts for victims of catastrophic injuries including tractor-trailer wrecks, train derailments, heavy machinery accidents, traumatic brain injuries, amputations, and more.
What are traumatic brain injuries (TBIs)?
One term you may hear referenced often in discussions of catastrophic injuries is traumatic brain injury. Also known as TBIs, traumatic brain injuries are a kind of brain dysfunction usually caused by a violent blow to the head. Traumatic brain injuries range in severity. Concussions are sometimes referred to as mild TBIs; they are usually not life-threatening, and symptoms — such as dizziness, headache, and balance issues — can usually be treated with rest and medication. More severe TBIs, however, can most certainly be life-threatening, and victims can require long term care.
If you believe that you or a loved one has suffered a TBI of any level of severity, it’s important to seek medical care immediately. Left untreated, these kinds of brain injuries can cause a great deal of damage.
How long do I have to hire a catastrophic injury attorney?
If you or someone in your family has suffered a catastrophic injury, you have two years from the date of the injury to file a lawsuit. However, you should consult a lawyer as soon as possible. There are many preliminary steps to take before a lawsuit can be filed. But more importantly, you can’t afford to wait to get the help you need. In the wake of a serious injury, the days and weeks that follow will be critical to getting the compensation you need. A catastrophic injury attorney can guide you through the process and help connect you with the resources you need, while fighting on your behalf as you recover.
What is the process of filing a catastrophic injury lawsuit?
hiring an attorney
The very first step in catastrophic injury cases is to hire a catastrophic injury attorney. At this point, you, as the injured party, can present them with all the evidence and documentation you have. This can include medical bills, pictures of the injury, and more. Your personal injury attorney will walk you through this process, so there’s no need to come in with everything prepared.
filing the complaint
Once the initial evidence as been reviewed, personal injury law states that your attorney must file a complaint with the defendant. This is essentially a statement of what occurred regarding the injury, the legal basis of the sought, and the amount of compensation that is being sought. This complaint is then served to the defendant (the at-fault party).
It’s then the defendant’s responsibility to respond to the complaint, usually by filing a response with the court. They may admit fault, or they may deny it; if they believe you were at fault in any way, or that there is no legal basis for the suit, they will state that here.
The process then moves through a pre-trial phase, in which various motions may be filed, and then if it moves forward, a discovery phase, in which both sides gather and share evidence.
trial or settlement
Eventually, the case will either settle or go to court. The good news is that most cases that fall under personal injury law tend to settle, and working with experienced catastrophic injury attorneys such as those at Munley Law Personal Injury Attorneys gives you the best chance of securing a satisfactory settlement. What’s more, if the defendant tries to lowball you with a counter offer, our injury attorneys will negotiate to ensure you only accept an offer that’s just and fair.
If you have suffered a catastrophic injury, you may have grounds for a personal injury law suit. Contact the injury attorneys at Munley Law Personal Injury Attorneys today for a free consultation about your case.
Who is at fault in a catastrophic injury lawsuit?
The question of fault is crucial in every personal injury case, and particularly in cases that involve catastrophic injuries. When people experience things like traumatic brain injuries, spinal cord injuries, permanent disability, and all other forms of life altering harm, the responsible parties must be held accountable.
The answer to who is at fault depends entirely on the specifics of the case. In catastrophic injury cases, any number of parties may be at fault, and sometimes, multiple parties can share varying degrees of fault. If the victim experienced spinal cord injuries as the result of a car accident, it may be the case that the other driver is responsible. If the injury occurred as the result of a medical error, the doctor could be at fault.
Your injury attorney will examine your case thoroughly to ensure that all liable parties face responsibility.
What if I am partially at fault?
In some cases, the injured party may bear some degree of responsibility for the accident that caused their injury. Imagine, for example, that Person A is trying to cross the street at night, and runs across a dark, busy street in a spot that does not have a crosswalk. Person B is driving on that street, and because they are distracted by trying to send a text message as they drive, they collide with Person A as they run across. This results in Person A sustaining a spinal cord injury.
In this case, it can certainly be argued that Person B is responsible; they hit a pedestrian with their car, and they were texting while driving, which likely slowed down their reaction time. this caused a spinal cord injury. At the same time, Person B could argue that Person A shares some fault for the accident as well. Person A ran across a dark and busy street in a spot where no drivers would expect to encounter a pedestrian.
contributory vs pure comparative vs modified comparative negligence
Personal injury law varies from state to state. In some states, if it’s found that Person A bears any degree of responsibility for their own injuries, they are barred from recovering any compensation. This is known as contributory negligence.
However, in some states, Pennsylvania amongst them, it is indeed possible for injured parties to recover compensation even in cases where they are partially responsible. This falls under the umbrella of comparative negligence, which in turns contains two subcategories: pure comparative negligence and modified comparative negligence. Pure comparative laws dictate that even if an injured party is 99% responsible, they still may be able to recover damages. Modified comparative law, which is used by the majority of states, dictates that an injured party can recover damages as long as they are either less than 50% responsible or less than 51% responsible, depending on the specific state.
If you think you’re partially responsible for your injury and are wondering whether you can still recover compensation, reach out to the catastrophic injury attorneys at Munley Law Personal Injury Attorneys. Our injury attorneys are ready and waiting to answer any and all questions you may have.
What if a loved one passes away from a catastrophic injury?
In some devastating cases, a catastrophic injury may result in the loss of a life. In a case like this, the family members of the deceased party may have the ability to file a wrongful death suit against any parties resopinsible.
We know that there’s no amount of money, and no legal success that can bring back your loved one or remove your pain. But you still deserve justice, and we can help you fight for it. What’s more, the loss of a loved one can leave not just an emotional hole in your family, but also a financial one. Perhaps that person was the breadwinner. Perhaps funeral costs are piling up at an astonishing rate. Filing a rwrongful death suit against the responsible parties can help to alleviate these costs.
Munley Law Personal Injury Attorneys has helped thousands of families obtain justice via wrongful death suits. You can visit our site here to read about some of our successes. If you have lost a loved one, don’t hesitate to reach out to Munley Law Personal Injury Attorneys, a firm you can trust. We will have your back every step of the way.
What if I sustain a catastrophic injury at work?
Typically, workers are prevented from suing their employers if they sustain an injury at the workplace, or while performing work tasks. Injured parties are usually advised to instead seek benefits through workers compensation.
Generally, workers’ comp covers two key areas: wage loss benefits, and medical care (or financial coverage for medical care). Additionally, it can cover death benefits if a loved one is killed while performing a task for their job.
Experiencing a catastrophic injury most likely means that the victim is unable to work for some period of time, whether that’s a few weeks, several years, or even indefinitely. Depending on the extent of the injury, the victim may have a lowered earning capacity, and may have to enter a different line of work, if they are able to work at all.
Through workers’ comp, victims of a workplace catastrophic injury can receive weekly checks that help to combat the financial burden of lost wages. The maximum amount that can be contained in these weekly checks changes each year; in the state of Pennsylvania for the calendar year of 2022, the maximum weekly amount for lost wages that anyone can receive through workers’ comp is $1205. However, not everyone receives the same amount; rather, how much you can receive in lost wages depends on your pre-injury salary. These specifics vary state to state, so it’s important to look into worker’s compensation benefits where you live.
In addition to this lost wage compensation, injured parties can also receive medical benefits through workers’ comp. This includes things like health care expenses, ongoing treatment such as physical therapy or rehabilitation work, disability payments, and more.
If you experienced a catastrophic injury at work and are interested in seeking benefits through worker’s comp, don’t hesitate to reach out to one of the catastrophic injury attorneys at Munley Law Personal Injury Attorneys. We are here to answer any questions you may have.
If You Have Suffered A Serious Injury, a Catastrophic Lawyer at Munley Law Personal Injury Attorneys Can Help
Catastrophic injuries can have a permanent and severe impact on a victim. The inured party may require long term care; they may experience chronic pain, or be unable to return to work. These types of injuries can change a person’s life forever.
The injury attorneys at Munley Law Personal Injury Attorneys cannot take away the pain and hardship caused by your catastrophic injuries, but we can fight for justice.
Our Pennsylvania-based lawyers are some of the best attorneys in the nation, and we have the credentials to prove it. We have been named among the Best Law Firms in America by U.S. News and World Report, and each of our attorneys has earned the title of Pennsylvania “Super Lawyer.” All of our attorneys belong to the Million Dollar or Multi-Million Dollar Advocates Forums and have earned Preeminent AV ratings from Martindale-Hubbell.
Call Munley Law Personal Injury Attorneys to set up a free consultation with one of our experienced catastrophic injury attorneys. We will review your case and answer your questions at absolutely no charge, and help you determine the next steps to take. And, we will not collect a fee unless we win monetary damages on your behalf. You will never have to pay anything upfront or out of your own pocket. If we take your case and are unable to produce results, you will not owe us anything. Call us at (570) 338-4494, or fill out our contact form and someone from our firm will be in touch with you.