Phoenix Catastrophic Injury Lawyer
Have you or someone you care about suffered a serious injury because of a truck accident, medical negligence, defective product, or other act of carelessness? At The Watkin Law Office, P.C. we are committed to obtaining the compensation for injured people that allows them to go on with their lives. Injuries such as a spinal cord injury or traumatic brain injury will require new accommodations and future medical treatment. We seek compensation that adequately addresses these costs. The following is general information about catastrophic injuries. Please call our firm at 480--281-3838 to arrange a consultation to discuss your specific concerns.
IMPORTANT: If an insurance claims agent for the person at fault calls to "interview" you, decline -- at least until you have spoken with an attorney. Despite what the insurance agent might tell you, he is NOT "just trying to help."
A catastrophic injury or illness usually occurs suddenly and without warning. Injuries that are considered catastrophic (due to the enormous impact they have on the lives of the individuals who experience them) include the following: brain injury, carbon monoxide poisoning, spinal cord injury, amputation, severe burns, multiple fractures or neurological disorders. A catastrophic injury or illness very often causes severe disruption to the central nervous system, which in turn affects many other systems of the body. In addition to possible loss of movement, sensation, and communicative and cognitive abilities, the injury or illness may impact respiration, circulation, skin, the urinary system, the gastrointestinal system, and other body systems. Management of such an injury is complex and may require the expertise of a team of health professionals including physicians, consultants, nurses, therapists, and counselors. Clearly, the long-term needs of someone who has experienced this type of injury far surpass those of individuals with less severe injuries. Individuals may recover from some catastrophic injuries if they receive proper, early medical treatment; however, others may experience permanent disability, significant suffering, and reduced life spans.
If you or your loved one has suffered catastrophic injuries as the result of an accident, call Clark Watkin to learn about your rights to compensation. Clark has the experience you need.
If a catastrophic injury was caused by the negligent or intentional act of another, or by a dangerous or defective product, a personal injury claim by the victim will be an integral factor in his or her future quality of life, including the quality of the medical care and other support he or she will receive. Because of the huge financial impact a catastrophic injury has, one of the most important aspects of bringing a personal injury claim is the determination of the value of such a claim. A person whose earning capacity has been substantially reduced and who is likely facing a lifetime of care requires an experienced attorney, with specialized knowledge of the particular type of injury, to ensure that the injured person obtains all of the financial support he or she will need, possibly for decades to come.
The long-term implications of many catastrophic injuries do not surface or become apparent until years after the original injury. For example, individuals who are injured as children may experience changes in their abilities/disabilities as they grow, requiring surgeries or other medical intervention to accommodate their growth. Similarly, a burn victim might continue to undergo reconstructive surgeries for many years after the original injury. Thus, an attorney who understands the long-term implications of such injuries will be better able to ensure that victims receive just compensation and sufficient resources for the future.
Compensation Issues
Often only a small amount of insurance is available to compensate a catastrophically injured person, and it becomes necessary to seek alternative compensation or government assistance. This is one of the most important reasons for retaining an attorney with significant experience handling catastrophic injury claims. For instance, some of the worst, most dangerous drivers often carry the least amount of insurance allowed by law, or carry no insurance at all. In such cases, an injured party might be limited to recovering only up to the limits of his or her uninsured/underinsured motorist coverage benefits, which typically will fall far below the losses sustained. Also, contrary to popular belief, huge jury verdicts are rare, and most injury victims are under-compensated for their injuries. For these reasons, it is important to seek the assistance of an attorney who has experience with catastrophic injury cases; he or she will consider and know how to reach every possible source of recovery in a personal injury claim. The following are examples of how an experienced attorney can help locate and pursue recovery from responsible individuals.
Burns -- There is often inadequate insurance coverage to properly compensate burn victims for their injuries. For example, assume two cars are involved in a serious accident that causes both vehicles to burn beyond recognition, and both drivers to suffer burns over 75% of their bodies. An inexperienced attorney may conclude that all either driver is entitled to is the amount of each driver's automobile insurance, typically $20,000 to $100,000. An experienced attorney, however, will have the knowledge and resources to investigate the accident and fire, and may discover vehicle defects, road defects, additional insurance, or assets hidden by parties responsible for the accident, all of which could result in a far greater recovery. Moreover, an experienced attorney will be better prepared to maximize the benefits to which a burn victim is entitled under his or her own insurance policies. Brain Injury -- The force necessary to suffer a traumatic brain injury can be sustained in several types of accidents, including car accidents, construction accidents, various other workplace accidents, and even during recreational activities. Assume a worker is painting on a scaffold when the platform gives way, causing a violent fall and serious closed head injury. Some attorneys may see this solely as a workers' compensation claim, which will limit the victim's recovery as a matter of law because, in most states, an injured worker cannot file suit against his or her employer. An experienced attorney, however, will consider additional theories of liability and defendants. For example, if the scaffolding were manufactured improperly, a product liability case may be brought against the manufacturer, which could result in a large recovery. Also, many worksites have multiple contractors, responsible for different aspects of a project; therefore, an investigation should be conducted into the involvement of others in installing and maintaining the scaffold. Finally, experienced attorneys will always closely examine emergency technician and medical records to determine whether the medical care given to an injured individual was proper.
Carbon Monoxide Poisoning -- If a person exposed to dangerous levels of carbon monoxide gas is "lucky" enough to survive, there is a high likelihood that he or she will still suffer one or more permanent impairments as a direct consequence of the poisoning. Full or partial paralysis of the arms and legs, impaired brain function and cognition, impaired speech and motor skills, and sometimes bizarre and dangerous fluctuations in emotional and behavioral functions and social interactions. Moreover, the impairments caused by carbon monoxide poisoning have been proven, in some cases, to actually worsen with time. In such cases, an experienced attorney will urge his client -- or their legal guardian -- to be patient and to make sure they know the precise nature and the full extent of the impairment(s) caused by the carbon monoxide poisoning; quick settlements with insurance carriers only favor the insurance carriers, not the clients. If the client's physical and mental condition is going to worsen, it is critical that sufficient time be taken to document those worsening conditions before reaching a final settlement.
Drunk-Driving -- Another example might be where a driver is broadsided by a drunk driver who has no liability insurance. An inexperienced attorney may advise his client that his or her recovery is limited to his or her own uninsured motorist benefits. An experienced attorney, however, will quickly determine where the drunk driver was drinking prior to the accident, and preserve a case against other potential defendants, including a bar, restaurant or homeowner who served the driver alcohol knowing he was already intoxicated. In addition, a product liability claim may exist against one of the car's manufacturers if some defect in one of the cars contributed to the accident. Such claims are not inexpensive to litigate and, therefore, less accomplished attorneys might not even consider them
Determining Future Costs of Care & the Damages to Which a Catastrophically Injured Person is Entitled
Whether a person falls from a construction platform and injures his spine, catches her hand in a piece of machinery, or is born with a birth defect that impairs his or her mobility, he or she will likely need financial assistance in treating the injury and continuing on with life. In today's society, within the systems established to provide for injured individuals, the medical evaluation of the degree of an individual's impairment can have a huge impact on the level of compensation the individual will receive, from all sources. Other issues such a medical evaluation will evaluate include:
- The injured person's ability to work;
- The right to receive different kinds of economic compensation;
- Eligibility for protection against discrimination;
- Whether independent living is possible;
- What type of physical therapy might improve his/her health.
Life Care Planning
Life care planning is the process of analyzing the medical and medically-related goods and services an individual will need because of a disabling injury or disease. A systematic and logical approach is utilized to trace all of the needs relating from the disability to the end of one's life expectancy. Various experts within the field of rehabilitation and case management are often asked to develop life care plans, in consultation with medical and therapeutic specialists according to their clinical specialties. All past medical, social, psychological, vocational, educational, and rehabilitation data are taken into consideration to the extent that it is available and applicable. The goals and desires of the patient and family are expressed in the plan. Medical literature is surveyed to reflect current concepts of patient care management. Consideration is given to changes in a patient's needs due to aging and the progression of his or her disability.
The life care plan provides for services that are needed to prevent or significantly reduce known complications over time. Potential complications associated with the principle diagnoses are discussed, and the care needs related to these complications are projected. The range of services in the geographic area or region, and prevailing costs and standards are utilized to provide an analysis of costs. These costs are typically expressed as present day costs derived from the best available data and resources.
Through the life care plan process, a template for current and future care is developed. The plan serves as a guide for family members, case managers and health care providers. It is not a prescription for care, but represents a logical blueprint for an individual's anticipated needs and to provide optimal outcomes, based upon reasonable medical probability and current concepts of care. An individual's life care plan may be utilized by his or her attorney in seeking compensation for his or her injuries, and may also call for consultation with financial professionals to select appropriate investment strategies to preserve resources over the patient's life.
Who Is Responsible?
Determining who is responsible for catastrophic injuries can be difficult. There typically is one party directly involved at the scene. However, there may be several other less obvious parties whose conduct played a role in causing your injuries. Catastrophic injuries usually cause the victim to suffer extensive monetary damages. It is important to identify everyone who may be responsible so that complete justice may be done. An attorney experienced in handling catastrophic injury cases knows how to investigate the facts of a case and to learn the identities of every responsible party.
Devastating injuries necessitate the expertise of an attorney knowledgeable in catastrophic injury claims, to obtain adequate financial compensation for the injured individual. If you or your loved one has suffered catastrophic injuries as the result of an accident, consult an attorney to learn your rights to compensation. A lawyer experienced in catastrophic injury litigation can help you learn what your rights are.
Frequently Asked Questions about Catastrophic Injuries
What is a "catastrophic" injury
Injuries are often called "catastrophic" when the physical injuries to a person are especially severe, and require extensive medical treatment. The injuries may involve damage to a person's central nervous system, and this may affect other bodily systems or functions. Catastrophic injuries include:
- Spinal cord injuries
- Paralysis - Monoplegia, Paraplegia, Quadriplegia
- Brain injuries
- Carbon Monoxide Poisoning
- Amputations
- Burns over a large portion of the body
- Vision Loss - loss of an eye; full or partial loss of vision
- Injuries to the nerves in the chest, shoulder, and arm (brachial plexus)
- Multiple fractures
Are catastrophic injuries permanent?
Not all catastrophic injuries are permanent. Those injuries that are not permanent will usually take a very long time-months, or years-to reach a full recovery. In some cases, especially those involving children, the actual extent of the injury may not be known until much time has passed after the accident. Emotional injuries may also be a problem for a long time after the physical injuries have healed. The effects of a catastrophic injury may linger for a long period of time.
What may cause a catastrophic injury?
Catastrophic injuries may be caused by almost any type of accident, including mechanical malfunctions. Catastrophic injuries may result from:
- Motor vehicle collisions
- Construction accidents
- Fires
- Faulty ventilation & HVAC systems
- Faulty heaters, engines, boilers, etc. (carbon monoxide poisoning)
- Sports injuries
- Farm machinery accidents
- Workplace accidents
- Defective products
If I can prove the defendant was negligent, and if the defendant has insurance and/or other assets, what kind of compensation may I recover for my injuries?
An injured person may be awarded compensation, or damages, for:
- Medical expenses
- Future medical expenses
- Expenses to care for the injured person
- Lost income
- Loss of income in the future
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium, or spousal relations
If you read reports of verdicts or settlements in catastrophic injury cases, you may be struck by the large amounts of money involved. Remember that this money is meant to pay for many different, and expensive, things: extra medical care, lost wages, pain and suffering. A catastrophic injury takes away part of a person's life, and money damages are the law's way of attempting to pay for that loss.
Contact us online or call at 480-281-3838 to arrange a consultation. When results matter, choose The Watkin Law Office, P.C.
Clark Watkin of The Watkin Law Office, P.C. is a Phoenix bicycle accident lawyer and Phoenix motorcycle accident attorney who represents serious personal injury and wrongful death clients throughout Arizona, including Phoenix, Scottsdale, Tempe, Mesa, Chandler, Gilbert, Glendale, Peoria, Cave Creek, Carefree, Fountain Hills and Paradise Valley.
