Catastrophic Injury Lawyer

Personal Injury Lawyers / Catastrophic Injury Lawyer

A personal injury is always an emotional and sometimes traumatic experience. But you need support when those injuries result in catastrophic, life-long consequences. The catastrophic injury lawyers of Munley Law have spent decades representing accident victims as they recover and learn to live with these severe injuries.

For a no-obligation, free case evaluation, contact the catastrophic injury attorneys of Munley Law today.

What Qualifies as a Catastrophic Injury?

As defined by 42 USC 3796b, a catastrophic injury is one that “permanently prevent(s) an individual from performing any gainful work.” Essentially, this means that the victim's injuries are so severe that the standard personal injury case would not cover their long-term needs.

Medically, a catastrophic injury causes severe injury or damage to the spine and spinal cord, brain, loss of a limb, or severe burns. These injuries require extensive medical care, surgeries, rehabilitation, and a lengthy recovery process.

Medical treatment for these injuries can be thousands to millions over their lifetime, making it crucial for catastrophic injury victims and their families to seek legal representation right away.

Examples of Catastrophic Injuries

Typically, the damage of a catastrophic injury is permanent, meaning the victim will never make a full recovery. These life-altering injuries can be mental or physical and often require multiple surgeries, medications, and rehabilitation.

Common examples of catastrophic injuries include the following.

Traumatic Brain Injuries (TBIs)

A traumatic brain injury (TBI) occurs when there is a sudden external force exerted on the skull, damaging the brain. Damage may be to one part of the brain or be widespread. TBIs are one of the leading causes of death and disability in adults and can range in severity from minor concussions to coma and death.

Amputations

According to Johns Hopkins, traumatic injuries account for 45 percent of all amputations. Commonly, a limb will need to be amputated if it has been severed or torn during an accident or severely burned, and reconstruction cannot save it.

While amputation may remove the damaged limb, the recovery for a victim can be lengthy, resulting in an inability to return to the work they once did and no longer be able to enjoy the activities they once participated in.

Studies suggest that not only is the physical recovery a challenge, but mentally, more than 30 percent of amputees will experience depression following their loss of limb.

Burns

Not all burn injuries are considered catastrophic. For a burn to be labeled as such, there must be significant scarring, disfigurement, and long-term complications related to the burn(s).

First-degree burns are never considered catastrophic as they are surface-level and heal with time. However, second and third-degree burns can occur.

A second-degree burn may be considered a catastrophic or traumatic injury when it occurs in areas where the skin is thinner, resulting in substantial scarring and disfigurement. For example, burns on the face and neck will likely cause complications due to the sensitive skin.

Third-degree burns are almost always considered catastrophic injuries, as they leave permanent damage to the fat, muscles, and tissues. Victims of third-degree burns seldom feel the skin, which may have a leathery texture and be dark in color.

Fractures

Not all fractures are catastrophic injuries. But depending where the fracture is and how it breaks will determine how severe the injury may be in the eyes of the law.

Fractures of the spine, skull, or pelvis are much more likely to be considered catastrophic as they can result in paralysis, a traumatic brain injury (TBI), and internal organ damage, leading to a diminished quality of life for the victim.

Further, these injuries are at high risk for infection, and depending on the victim's age, they may never recover.

Spinal Cord Injuries

Spinal cord injuries have two levels: complete and incomplete. A complete injury means that the victim has no feeling or movement below the level of the injury. An incomplete injury means there may still be some feeling or movement. Complete spinal cord injuries are considered catastrophic.

Common Causes Of Catastrophic Injuries

A catastrophic injury can happen to anyone at any time. Most catastrophic injury claims result from one of the following accident types.

Motor Vehicle Accidents

From multi-vehicle wrecks to motorcycle accidents, commercial truck accidents, and pedestrian accidents, motor vehicle crashes can cause a wide variety of catastrophic injuries and even wrongful death.

When auto accidents occur, drivers and passengers may sustain life-changing injuries such as neck and back fractures, burns, and amputations.

Victims of these accidents have a right to pursue fair compensation with the help of personal injury lawyers.

Falls

Whether you are at work, in public, at a grocery store, etc., if you suffer a slip and fall and the injuries are severe, you may have a catastrophic injury. While not all falls are traumatic, if they result in permanent damage to your head, brain, or spine, it likely is.

Dangerous Products and Manufacturing Defects

When defective products cause a catastrophic injury, the process for compensation can be challenging.

Defective consumer products can cause catastrophic injury when errors are made in their design, manufacturing, or retail sales. We've worked with victims of electrocution injuries, burns, eye injuries, nerve damage, and more.

Workplace Injuries

Some workplaces are more dangerous than others. Warehouse employees, large truck drivers, and construction workers face high danger when accidents occur.

Workplace accidents that may result in catastrophic injury include:

• Slip and falls
• Burns and electrocutions
• Crush accidents

If you suffered a traumatic injury from a workplace accident, you may be entitled to wage loss benefits through workers' compensation.

Damages for Catastrophic Injuries

Compensation in a catastrophic injury claim includes economic and non-economic damages. Economic damages are those financial losses that can be calculated. They include:

• Lost wages and loss of future income
• Medical costs (current and future expenses)
• Out-of-pocket expenses for travel, accommodations, etc.

Non-economic damages are those losses with no tangible monetary value. Non-economic losses include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium
• Loss of companionship
• Post-traumatic stress disorder, stress, anxiety, and depression
• Wrongful death

In cases where the at-fault party's actions were egregious or intentional, punitive damages may be awarded to punish their negligence.

Recovering Compensation for a Catastrophic Injury

Recovering compensation for your catastrophic injuries can be challenging. Chances are your medical care will max out what the insurance companies are willing to cover, leaving you with mounting medical debt.

However, you can secure compensation through a personal injury lawsuit with the guidance of a catastrophic injury law firm, like Munley Law.

Our lawyers will calculate the value of your claim, considering the severity of your injuries and the life-altering implications and needs you'll have because of them. We'll review your income before the accident and determine what your earning potential is now that you've likely suffered permanent disability. Finally, we'll calculate the losses you've sustained that have no price tag but have taken a great deal from you.

Liability in Catastrophic Injury Cases

To prove liability in a catastrophic injury case, you must show that:

• The defendant owed you a duty of care.
• There was a breach of duty.
• The defendant's breach caused the injury.
• You suffered monetary and non-monetary losses as a result of the breach.

Liable parties in a catastrophic injury claim may include any person, including a:

• Negligent driver
• Employer
• Property owner
• Product manufacturer
• Medical professional

What If I Am Partially At Fault For the Accident?

Depending on what state the accident happened In, you may receive less compensation if you were partially at fault for your accident. For example, Pennsylvania follows the law of comparative negligence. This means that as long as you are less than 51 percent to blame for an accident, you can still recover compensation for your losses.

However, the amount of compensation you collect will be adjusted by your percentage of blame. By working with an experienced attorney, you can rest assured knowing you are getting to compensation you deserve.

How Much Time Do I Have to Hire a Catastrophic Injury Attorney?

In most states, the statute of limitations to file a catastrophic injury claim is two to three years from the accident date. If the injury results in death, you have two years from the death date to file a wrongful death claim.

That may seem like a lot of time, but you should contact a lawyer as soon as possible to preserve your case best.

What Is the Process of Filing a Catastrophic Injury Lawsuit?

The steps for filing a catastrophic injury lawsuit are:

• Hiring an experienced personal injury law firm to begin the process. At your free consultation, you will discuss your case in length with a catastrophic injury attorney who will give you legal advice on how to proceed.
• Investigating the accident and gathering evidence. This includes police reports, photo and video surveillance, medical records, eyewitness statements, and expert testimony.
• Filing a claim with the insurance company. This is the start of your lawsuit, as the insurance provider will either accept or deny the claim or offer you a settlement.
• Negotiations with the insurance. Never accept the first settlement, as it likely won't be enough for your losses, nor is it the most they can give you.
• Trial if settlement isn't reached. If the insurance company doesn't give you a fair settlement, you can take legal action against the at-fault party.

Never undergo the legal process alone. Call Munley Law to learn how we can help.

How Can a Catastrophic Personal Injury Attorney Help?

Any personal injury case can be overwhelming to handle alone. But a catastrophic injury can leave you and your family in financial ruin. A catastrophic injury lawyer can help you by building the strongest case possible against the negligent parties while you focus on your health.

We'll do this by:

• Gathering evidence
• Negotiating with the insurance companies
• Calculating the value of your claim
• Representing you in court

Not all lawyers are equipped to handle the delicate nature of such traumatic events. But at Munley Law, we will guide you with the care and compassion needed to make you feel heard and protected.

Contact Our Catastrophic Injury Lawyers for a Free Case Review

If you or a loved one were involved in a catastrophic accident as a result of a workplace accident, car accident, construction accident, medical malpractice, birth injury, or other event, Munley Law is here for you.

We work with medical experts to determine your long-term care needs so we can secure a fair settlement. We'll also look at the bigger picture of your accident to ensure that any other losses you sustained are accounted for, ensuring you maximum compensation.

Our track record speaks for itself, securing thousands of dollars in settlements and verdicts for victims and their family members after tragedy strikes.

Traumatic events don't just leave you physically changed; they uproot your life and make you start over. But we don't think you should have to shoulder this burden alone. At Munley Law, we work on a contingency fee basis, which means there are no upfront costs to you, and you only pay for representation if we win.

Victims of catastrophic injuries need justice—they need Munley Law. Begin the attorney-client relationship today during a no-obligation, free consultation.