Catastrophic Injury Lawyers
A catastrophic injury is a sudden, life-shattering injury that frequently leads to long term impairment. These are some of the most tragic cases – affecting not only the victim but his/her family as well. A person who was once able to care for his/her family suddenly can no longer contribute in a meaningful way. Victims of catastrophic injuries must not only contend with the ongoing physical or mental effects of their injuries, but they frequently develop emotional conditions such as depression or anxiety.
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What is A Catastrophic Injury?
Catastrophic injuries produce long-term repercussions and are often permanently disabling physically or psychologically.
Some of the most common categories of catastrophic injuries include:
Traumatic Brain Injuries (TBIs)
TBIs can vary in severity. Effects may include severe headaches, issues with memory, cognitive deficits, abnormal speech and language, personality changes, emotional problems, and other lifelong difficulties.
Spinal Cord Injuries
Can include partial or complete paralysis, which as a devastating impact on the life of the injured person. The ability to physically function, work and enjoy life and relationships will all be affected.
Severe Bone Fractures, Crush Injuries, or Amputations
These types of injuries often happen in motor vehicle and workplace accidents.
Burn Injuries
Thermal, electrical, and chemical urns can all lead to infections, limb loss, and other permanent scarring and disfigurement.
Toxic Chemical Exposure
Exposure to toxic substances can cause hypoxia (lack of oxygen to the brain) or permanent organ damage.
Limb Loss/Amputation
There are a variety of accidents that can lead to the loss of a limb or a required amputation. In addition to physical limitations, the loss of a limb can lead to emotional and psychological challenges for amputees, as well as the people in their lives.
Scarring/Disfigurement
Injuries such as burns or deep lacerations can produce visible and permanent scarring, which can negatively impact an injured person psychologically in addition to physically.
Wrongful death
When negligent actions cause the death of another person.
A catastrophic injury is more than just “severe,” as they often have lifelong effects. When determining the value of a claim, future difficulties must be taken into account.
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“We Have Recovered Millions of Dollars for Our Clients”
“I could call and talk to Flora… her staff was great. I never had to worry. They would always ease my tension”.
“She made sure my medical expenses were taken care of… that I had a great medical team to help me heal”.
“It was like talking to your family. My wife and I both grinned… we never had to worry after that”.
Accidents Leading To Catastrophic Injuries
There are many different types of accidents that can lead to catastrophic injuries, including the following:
- Car Accidents
- Workplace Accidents
- Truck Accidents
- Bicycle Accidents
- Motorcycle Accidents
- Falls from Heights
- Slip and Fall Accidents
- Birth Injuries
- Sports and recreational activities
- Construction Accidents
- Medical Malpractice
- Defective Products or Drugs
Accidents that are preventable, yet caused by the negligence of another person, give victims the right to take legal action and recover compensation from the responsible party.
Covered On This Page
Our team has a five-step process for collecting vehicle accident compensation for victims of car collisions. We’ll investigate your case, open claims with your health insurance provider, collect your medical records and refer you to great doctors, set up annuities and college funds for injured children, and negotiate for the settlement you deserve.
- Medical expenses, past and future
- Disfigurement, loss of limb, permanent scarring
- Lost wages
- Lose love, companionship, and guidance
- Disability costs or live-in care
- Physical pain and emotional suffering
- Lost capacity to earn
What are some examples of catastrophic injuries?
Any sudden, long-term, life-altering injury could be considered a catastrophic injury. Some common examples include:
- Paralysis, paraplegia, and quadriplegia
- Amputation or limb loss
- Loss of an organ
- Brain Injruy
- Spinal Injury
- Severe burns
- Multiple severe bone fractures
Covered On This Page
Several types of insurance coverage that will pay if you’re injured in an automobile collision:
Personal Injury Protection: The vehicle you are in is the primary coverage for payment of Personal Injury Protection (PIP) in Kentucky. PIP has minimal limits of $10,000 and pays medical expenses, lost income, home care, and even a portion of funeral expenses. Kentucky automobile accident lawyers reserve these benefits so medical bills and lost wages will get paid. PIP is repaid by the party at fault.
Liability: The at-fault driver pays for injuries caused to another through their liability policy, which in Kentucky has a minimum policy of $25,000 per person / $50,000 per accident and a maximum can be in the millions with a commercial insurance policy.
Uninsured Motorist: If the driver at fault did not have insurance you can collect on your uninsured motorist’s coverage on your own insurance policy.
Underinsured Motorist: If the at-fault driver of the vehicle had insurance but not enough or your injuries are greater than that amount you can collect on underinsured motorists. Flora Templeton Stuart will make sure all underinsured policies are uncovered for maximum recovery.
Negligence in car accidents typically involves a driver failing to exercise reasonable care. As Kentucky car crash lawyers, before we can take action against the liable party, we need to prove that their negligence led to the accident. We do this by establishing the following elements of negligence:
Duty of care: The at-fault party had a responsibility to keep you safe by following all traffic laws.
Breach of duty: The at-fault party breached their duty of care, instead acting negligently.
Causation: The at-fault party’s actions or inactions caused you to suffer an accident and injuries.
Damages: You suffered damages, such as pain and suffering and property damage, because of the at-fault party’s negligence.
Our team will gather evidence to prove negligence, including police reports, witness statements, and surveillance footage.
Under the “no-fault” car insurance system in Kentucky, drivers are required to carry a minimum of $10,000 in Personal Injury Protection (PIP) insurance. Regardless of who causes the accident, PIP covers medical expenses and lost wages. However, if you’re in an accident, you can opt out of the no-fault system to pursue auto injury claims against the at-fault driver and possibly receive more vehicle accident compensation.
Statute of Limitations in Kentucky and Tennessee
In vehicle accidents, there is a limited amount of time to sue. In Kentucky, you have two years after the wreck to sue which can be extended with PIP benefits being paid, as per Ky. Rev. Stat. § 304.39-230(6). In Tennessee, you only have one year to file an auto accident lawsuit. Time limits for minors start when they turn 18. The Statute of Limitations for Wrongful Death cases is governed by KRS 413.140.
Frequently Asked Questions
What are some of the effects of a catastrophic injury?
Victims of catastrophic injuries may require multiple surgeries, special adaptive equipment, extensive therapy or rehabilitation, long-term care, and ongoing medical treatment. They may need emotional support from psychiatrists or they may need help doing everyday tasks that once were easy to accomplish. Every aspect of the victim’s life could be affected by a catastrophic injury.
What compensation is available in a catastrophic injury case?
Compensation for any catastrophic injury case should take into account the immediate needs of the victim and his/her family as well as all future expenses including medical bills, rehabilitation or therapy, adaptive equipment, lost earning capacity, and long-term care if needed. Victims may also be entitled to seek punitive damages, pain and suffering, and other compensation against the at-fault party. In some cases, the victim’s family can seek restitution for loss of consortium (companionship) or a wrongful death claim if the injuries lead to the passing of their loved one. Contact an experienced catastrophic injury attorney today to evaluate your case and help you get all the compensation you are entitled to.
What compensation is available in a catastrophic injury case?
Compensation for any catastrophic injury case should take into account the immediate needs of the victim and his/her family as well as all future expenses including medical bills, rehabilitation or therapy, adaptive equipment, lost earning capacity, and long-term care if needed. Victims may also be entitled to seek punitive damages, pain and suffering, and other compensation against the at-fault party. In some cases, the victim’s family can seek restitution for loss of consortium (companionship) or a wrongful death claim if the injuries lead to the passing of their loved one. Contact an experienced catastrophic injury attorney today to evaluate your case and help you get all the compensation you are entitled to.
The insurance company has made an offer to me, should I accept it?
Never accept any payment fro the insurance company before consulting with an attorney – especially if you or your loved one has suffered a severe injury. If you accept compensation now, you may be giving up your right to file additional claims in the future. Only an experienced catastrophic injury attorney can help you determine the full value of your case in terms of past, present, and future medical bills, past and future lost income, and additional losses for you and your family. Call us immediately to investigate you catastrophic injury claim to ensure you get all the compensation you deserve.
How do I pay for an attorney in a catastrophic injury case?
Flora Templeton Stuart Accident Injury Lawyers work on a contingency fee basis. That means we only get paid if you get paid in your catastrophic injury case. Call catastrophic injuries attorney Flora Templeton Stuart at (888) 782-9090 for a free initial consultation twenty0four hours a day/seven days a week.
