Significant injuries could turn an individual’s life around in ways that a regular injury claim wouldn’t be able to. One serious accident can have an impact on a person’s mobility, work or employment, relationships, housing, education and daily functioning. These consequences can be for decades, so the legal process can include questions that go long after the car accident.

 

A Philadelphia Catastrophic Injury Lawyer  can take a different approach to these types of cases and ask themselves what the life of the person injured will look like once the initial medical emergency is over. Reviewing the circumstances, future limitations, financial situation and ongoing care needs of the individual can take time to answer that question. A lawyer can then help to create a legal story of the injury, and the life that ensues.

Looking at the Accident’s Long-Term Effects

Most personal injury cases start with a particular incident, such as an accident, a fall, an incident at work or any other occurrence. The lawyer’s eyes, however, may need to peer much farther into the future when it comes to catastrophic injury cases.

While the date of the accident helps to determine when the damage occurred, it cannot necessarily tell you the extent or damages of an accident. A lawyer can, rather, determine the effect of the injury on the person’s lifestyle at various stages or over time.

 

For instance, a lawyer could think about:

 

  • Which medical treatment is required to be given at once?
  • What would be the length of the rehabilitation period?
  • Will the person re-enter the same job/field?
  • Does the person need help with usual activities?
  • Do any changes need to be made to the house or car?
  • Is there any possibility that there will be more health issues?
  • What will the work loss be?

 

This method becomes more than just a record of the event and addresses what the injury represents for the person in the future.

 

Identifying Key Facts in the Case

In catastrophic cases, a lot of information can be generated. Medical records, hospital documentation, rehabilitation notes, employment records, photographs, bills and correspondence and accident reports can all be relevant. Collecting documents is not the challenge. A lawyer will have to decide which information is useful in defining the legal issues that are at play in this claim.

 

For example, a rehabilitation record could show that more than therapy has been done. It may be used to explain a lack of mobility, communication or coordination skills or lack of independence. Likewise, a record of employment could contain details of the economic impact if they are not able to go back to a former job.

 

An attorney can arrange this information into a framework and around the following questions:

 

  1. What happened in the incident?
  2. What did the injured individual’s actions contribute to the injury?
  3. What physical handicaps did this give rise to?
  4. What kind of impact have those restrictions had on the daily life of people?
  5. What has the money impact?
  6. What are the possible future consequences?

 

This can help you arrange the case in a way that’s easier to comprehend from a legal perspective. In addition, a person with a severe injury in the spine may need continuous treatment, special equipment, transport, home adaptations, and/or personal support. A person who has suffered a serious brain injury might have specific cognitive rehabilitation, supervision or employment needs.

 

The lawyer then can review how the person’s condition relates to the costs of that condition.

 

Long term issue Legal significance
Continuing treatment May be responsible for future medical expense.
Reduced mobility May involve travel or mobility expenses.
Inability to work Can impact previous and future earnings.
Need for assistance May result in continuing care expenses may lead to ongoing healthcare costs.
Home modifications May be liable for further expenses.
Career changes May have an impact on future earning potential.
Loss of independence May be able to show the wider implications of life.

Addressing Changes in a Person’s Independence

Catastrophic injuries can impact a person’s life beyond their employment and medical costs. They can alter the way a person relates to the surroundings. An individual who used to cook on their own or drive, dress, shop, or clean the house might require assistance with these tasks. Being a parent can be challenging. A person involved in sports and/or community activities might not be able to do the same again.

 

These changes may be significant if the attorney begins to build the damages component of a claim. A lawyer could collect data from family members, caregivers, medical professionals, employers and other persons who have known the person’s condition. It can be easier to have a more comprehensive documentation of the consequences from the individual’s life before and after the injury.

 

This is especially important if the monetary damage of an injury is not on a receipt or invoice. This loss of independence may need to be supported for a longer period than hospital stays.

Frequently Asked Questions

How is a catastrophic injury claim case different from other personal injury cases?

For catastrophic cases, there may be permanent or long-lasting consequences. They might need to take into account further medical treatment, ongoing support, lost income and major lifestyle changes.

 

In a catastrophic injury case, what does a lawyer look into?

The investigation can include what happened at the time of the crash, may explore liability, medical care and treatment, rehabilitation, work history, loss of income, future medical needs, and loss of independence.

 

 

In these instances, why is it important that they occur in the future?

Some consequences can persist for many years after the onset of the claim. Only taking into account costs incurred upfront may fail to capture significant future medical, financial or care costs.

Conclusion

A catastrophic injury claim is much more than just figuring out who was at fault for an accident. The lawyer needs to know how the injury has affected the person’s abilities and financial situation, as well as how it has affected their independence and their expectations for the future.

 

When talking with the person behind the claim, and relating the medical injuries to the real and financial damages, a lawyer can create a fuller picture of the damages involved. People and families who are facing the long-term impacts of a serious injury may be considering Eisenberg Winkler Jeck Schwartz Schoenhaus & Sherry, P.C. for legal counsel on the situation and what may be possible in a catastrophic injury case.