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3 Things to Know Before Filing a Catastrophic Injury Claim

Published on August 17th, 2019

Personal Injury Lawyer

The world of law can be complicated. There are many different terms, and some words can completely alter the meaning of a case. For personal injury, adding the word “catastrophic” takes the claim into an entirely different arena. A catastrophic case means an individual’s life has been permanently altered by earlier circumstances. When this happens, it may be wise to file a catastrophic personal injury claim and take the case before the court. Before this, there are a few things to understand.

1. Insurance

When a case is presented, insurance adjusters may be called in. While working with you, the adjuster may use a formula to calculate exactly the value your case is worth. Factors influencing this can include:

  • Medical bills
  • Permanent effects of injury
  • Pain/visibility of injury
  • Loss of income
  • Therapy

It may be in your best interest to negotiate with little input or ask for legal assistance. The insurance adjuster has no reason to share their information with you, so you may be at a disadvantage from the beginning. Be careful with the numbers they present to you.

2. Who Is Liable

Liability in cases such as these is rarely simple. Often, there are a few people at fault, or partial fault is spread between all parties. However, because of the danger involved in certain areas, those liable are often:

  • Car drivers
  • Product manufacturers
  • Businesses/Employers
  • Schools/Institutions

The list can be expanded to include individuals, but then it would be immense. The contributing factors to liability are found in the causes, which are usually accidents involving cases like negligence or malpractice.

3. Malpractice/Negligence

If your case involves these, it may provide an easier scope for you or your attorney to work with. Medical errors, while unfortunate, are common because humans are fallible, even doctors can slip up sometimes. This leads to malpractice cases.

Similar things can be said for negligence. While not specific to the medical field, it does occur there also. Negligence cases range in the workplace environment or with manufacturers not updating their warranties. Make sure to check all the facts of your case and be mindful for how the accident occurred. Taking good notes can be the deciding factor during the trial.

These cases may involve motor accidents, workplace violence, negligent care, construction mishaps, or malpractice. Whichever case belongs to you, accessing an attorney can assist in recovery during these troubled times. A practiced Woodland Hills trucking accident lawyer can see to your specific case and help leverage financial assistance with the trial. If you are unsure, call one today.

 

 

Thanks to Barry P. Goldberg for their insight into personal injury cases and things to know before filing a catastrophic injury claim.

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