After a catastrophic injury, you have the right to pursue a claim to recover compensation for your losses from the person or company who harmed you.
Catastrophic injuries can affect your case in a few different ways. They can affect how you recover compensation for motor vehicle accidents in no-fault states and they can impact the compensation available to you when you make a personal injury claim.
Catastrophic Injury and No Fault Accident Cases
If you live in a state that applies no-fault rules, you are not allowed to file an injury lawsuit after most car accidents–even if another driver was at fault for the crash. In these states, if you experience more minor injuries, your own insurer pays for damages under your Personal Injury Protection (PIP) regardless of who was to blame for the accident.
However, no fault states generally do allow you to file an injury claim against the other driver if your injuries cross the threshold to be considered “serious.” Catastrophic injuries are almost always classified as the type of serious injuries that allow you to move forward with a civil case against the driver who harmed you.
Catastrophic Injuries and Injury Compensation
When you are hurt by someone’s negligence or wrongdoing, you are supposed to be “made whole” for your losses if you successfully make an injury claim. You can either settle your case outside of court or file a lawsuit. In either circumstances, you should be compensated for all damages you have endured.
When you suffer catastrophic injuries, you experience more substantial damages. You may have more pain and suffering, as well as higher medical bills, ongoing medical expenses and a lifetime of lost wages. You should receive a larger amount of money to compensate you for the catastrophic injury because your losses are greater.
Your injuries are also more likely to affect your ability to maintain relationships with your loved ones and to continue enjoying life. And they may cause you more mental health issues such as depression or anxiety or personality changes. You should be compensated for these losses as well.
Because there is often a lot of money at stake when you suffer a catastrophic injury, it is important you have a lawyer representing you who has experience with people who have sustained severe injuries or developed serious illnesses.
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