How Are Damages Assessed in Catastrophic Injury Cases?

Many victims of car crashes, medical malpractice, product defects, and other accidents suffer catastrophic injuries. Catastrophic injures are injuries that don’t heal with time. They permanently change the ability of the victim to function and to enjoy life. Catastrophic injury victims often need multiple surgeries and need to treat with numerous doctors, multiple times.

Victims who have traumatic brain injuries, spinal cord damage, and nerve damage often need a lifetime of medical care. Victims who lose their ability to see or hear or lose a limb can never enjoy life in the way they did before the accident. Birth injuries can affect your child for the rest of his or her life.

The need for a complete medical prognosis

The first part of a catastrophic personal injury claim is to work with the treating doctors and independent doctors, if needed, to fully understand the long-term needs of the patient. Once a settlement is made or a jury verdict is reached, there’s no do-over and no second chance to obtain more money. Experienced Memphis injury attorneys work to document the likely medical needs of the patient throughout his or her life. Medical expenses include all medical bills through the date of settlement or jury trial plus any likely medical bills for the following:

• Surgeries and hospital stays
• Doctor visits
• Repeat and continual visits with every physician, therapist, and health provider the patient is likely to see
• All medical devices such as prosthetic devices
• All medications

The medical diagnosis should also include whether the patient’s condition means he or she can never work again (is permanently disabled) or can only work at lower-paying, less-demanding job (is partially disabled). Our catastrophic injury lawyers work with employers and vocational experts to fully evaluate how much income the patient will lose due to the catastrophic accident.

Pain and suffering

The money needed for medical bills and the money lost due to an inability to work are the easier parts of an accident case to evaluate. With catastrophic injuries, the daily and moment-by-moment physical pain and emotional suffering must be valued. Experienced trial lawyers show the patient’s pain and suffering through medical reports and the testimony of doctors, family, friends, and the patient. Reports and testimony show just how tough life on a daily basis is and will be.

It’s necessary to show how much the victim’s life has changed, all the pleasures in life that can no longer be enjoyed, and each attack of pain the patient will endure. Accident victims who have catastrophic injuries often suffer from a lifetime of depression, anxiety, and fear.

Juries and insurance companies are likely to pay higher damage payments and awards if they understand how devastating a catastrophic injury is.

In catastrophic injury cases, experienced trial lawyers also work to evaluate the amount of the settlement based on inflation and other financial factors. In some cases, the lawyer may negotiate a settlement which places the damages in trust to be used continually for the patient’s care and needs.

Catastrophic injury cases require experienced skilled personal injury lawyers. The insurance companies and defense lawyers will do everything to minimize the severity of your claim. The Memphis catastrophic personal injury attorneys at Bailey & Greer, PLLC, understand how to fight for your rights. Our lawyers and staff are tireless advocates for the people of Memphis, Jackson, and West Tennessee. Contact us now at 901-680-9777 or complete our contact form to make an appointment. We handle personal injury cases on a contingency fee basis.