Catastrophic Injury Law Firm

Were you involved in a car accident or hit by a car while riding your bike? Or, perhaps you sustained an injury while using a crosswalk? If you are suffering from permanent or long-term injuries, you have a right to compensation.

If you’ve had a severe accident through no fault of your own and sustained personal injury, you may be eligible for compensation for your catastrophic injury case. 

Personal injury cases are different from catastrophic injury cases. Here are six factors to consider when determining what kind of case you have. 

1. Defining Catastrophic Injury Cases in California

Before you file a catastrophic injury claim, it is important to know what constitutes a “catastrophic injury claim” in California. While there is no precise legal definition of catastrophic injury, some of the qualifications include:

• Injury or injuries that are permanent or long-term
• An injury that results in severe pain
• Injury involving loss of a limb or organ
• Injuries involving paralysis
• Traumatic brain injury
• Spinal cord injury
• Severe and disfiguring burns
• Injury resulting in loss of sight or hearing

If you have sustained an injury that fits any of these qualifications, you may have cause to file a catastrophic injury claim. Also, you may be entitled to benefits and compensation for your injuries.

If your injuries qualify as catastrophic, the California Statute of Limitations allows you to file a lawsuit within two years of the date of injury.

2. When to Settle

Insurance companies will likely try to convince you to settle a catastrophic injury case as soon as possible. This is because they want to pay out as little as they can. Therefore, the sooner you settle, the less money you are likely to get.

Sometimes, it is in your best interest to wait until you have made a full recovery from your injuries before you settle your case. It is most ideal if you’ve made both a physical and psychological recovery.

In some cases, injuries are permanent. When that happens, it is crucial that you make sure the medical evidence demonstrates the finality of your injuries. Also, it should state the exact cause of your injuries.

If you settle too early, it leaves room for the possibility of your injuries being more severe than you realize upon settling.

For example, a doctor may say you’ll recover from your injuries in a year. Then a year passes, and you are still injured and unable to work. If you had waited to settle until you healed, you could have settled for higher compensation. As a result, you will have to pay for the remaining costs out-of-pocket. 

Ultimately, compensation is based on how long it will take for a person to recover from injury.

3. Evidence in Catastrophic Injury Cases

Evidence is critical to any type of injury claim. It is important that you document and hold onto any documentation surrounding the events of your accident and injury.

You will need to provide clear evidence of how the accident happened. Also, you need to prove who was at fault. In addition,  provide medical evidence that demonstrates the precise severity of your injuries.

If possible, try to take photos of the scene of your accident. Of course, if you are severely injured, it is difficult to document the scene of your accident alone. This may be done by another person, such as a police officer or a friend you called to help. 

Document every aspect of the accident. Take photos and videos of the vehicle damage and your injuries. Also, include pictures of the roads and weather. Essentially, you want to include all relevant photo evidence that relates to the accident. 

If there are witnesses, you will want to speak to them or have your lawyer interview them as soon as possible. It is much more difficult to get witnesses to talk to you after time has passed.

Write down and record everything you can. It is difficult to know what details will be relevant to your case, so don’t leave anything out. What may appear as a minor detail could be the key to winning your case.

Remember, your goal is to prove that someone else’s negligence caused your accident and injuries. 

4. Medical Visits

In addition to documenting the scene of your accident, you also need to document your injuries for catastrophic injury cases.

You must see a doctor immediately following your crash. In order to determine how much you should be compensated for, a medical professional must first diagnose the harm done to the body.

Settling before you get a medical exam from a doctor can lead to you getting a lesser compensation for your injuries.

Also, insurance companies will try to respond to your claim as quickly as possible. It is their hope that you will not seek medical advice. In addition, they will offer you what may seem like a good settlement, but you may be entitled to much more.

It is very important that you investigate and document the full extent of your physical and psychological injuries.

5. Keep Records of Your Financial Losses

In addition to documenting the accident and your injuries, it is important to keep records of any financial losses you sustain. These costs could be related to your vehicle repairs, medical expenses, loss of wages, and any other related costs.

Paying for parking at a hospital, going to physical therapy, borrowing money from a relative, and ordering take-out because you can’t cook are all potential losses you can claim. An experienced catastrophic injury attorney will be able to discuss these types of losses with you in full detail. 

However, in the meantime, the best thing you can do is to keep a log of all of your expenses. Your lawyer will help you determine which costs can be included in your losses.  

6. Hire a Lawyer

The most important thing you need to do after sustaining an injury, other than collecting evidence, is to hire a catastrophic injury lawyer. Insurance companies are going to try to settle your claim with you directly. They don’t want you to hire a lawyer.

Lawyers educate you on your legal rights. In addition, working with an attorney increases your chances of winning your case.

Of course, insurance companies do not want to lose money. Therefore, they will put up a battle to reduce a settlement. Attempting to take on an insurance company alone will be difficult, time-consuming, and expensive.

Even some attorneys have a hard time going up against major insurance companies. That’s why you need to make sure you invest in a law firm with proven experience. 

Find a Catastrophic Injury Law Firm That’s Right For You

When it comes to catastrophic injury cases, the first thing you need to do is start documenting evidence. Then, you need to hire a catastrophic injury law firm you trust. This must be someone who you can work well with and a proven track record to get you the best result for your claim.

The Law Offices of Daniel Kim maintains a 99% success rate in catastrophic injury cases. We will fight to get you the compensation you deserve. Schedule your free consultation today.