Suffering a severe or catastrophic injury feels overwhelming, as you’re left to deal with a new reality that includes life-altering permanent disability. When the injury was the direct result of someone else’s careless, reckless, or wrongful action, it adds another layer of frustration and dismay. While no legal process erases the injury, a successful St. Louis personal injury claim against the responsible party brings compensation for the permanent economic losses you’re facing, as well as compensation for the pain, suffering, and emotional distress. Catastrophic injury compensation for permanent disability opens the door to the best medical care and relieves financial concerns.
Understanding Catastrophic Injury Claims for Permanent Disability
A personal injury claim holds the responsible party financially accountable when their negligence causes an injury to someone else’s “person.” A successful personal injury claim typically ends with a settlement from the at-fault party’s insurance company, with compensation for medical expenses, lost earnings, and compensation for the victim’s pain and suffering.
An injury victim harmed through no fault of their own deserves compensation even if the injury is mild and caused only a single emergency room bill and a few days of lost wages. In these cases, the claim could recover the following:
- Medical expenses
- Lost wages
- Compensation for pain and suffering.
When an injury is severe and causes disability, it’s a different class of personal injury known as a catastrophic injury, with additional compensation available for permanent disability, including the following:
- Anticipated future medical costs
- Reduced earning capacity
- Loss of enjoyment of life
- Diminished quality of life
In some cases, additional compensation may be available for a spouse’s loss of consortium.
What Types of Catastrophic Injuries Cause Permanent Disability?
When an injury causes permanent harm to a person’s body, interferes with their earning capacity, and compromises their ability to accomplish daily tasks that were once routine, it’s a catastrophic injury. The most common catastrophic injuries in personal injury claims include the following:
- Traumatic brain injuries
- Spinal cord injuries
- Loss of limb
- Loss of vision
- Hearing loss
In some cases, severe burns or other causes of disfigurement, the loss of an organ, or chronic pain can also cause disability and allow the injury victim to recover additional compensation for life-altering injury damages. In some circumstances, severe or multiple fractures could also cause disability, particularly hip fractures, which are life-altering for the elderly and cause shortened life expectancy.
Evidence In a Catastrophic Injury Claim for Permanent Disability
A successful personal injury claim requires compelling evidence showing that the responsible party had a duty to take reasonable care to avoid causing injury, they breached the duty of care, the breach caused the injury, and the injury victim suffered damages from the injury. Evidence in claims involving permanent disability includes the following:
- Photo and video evidence
- Evidence gathered at the scene
- The injury victim’s medical report
- Medical bills and receipts from out-of-pocket expenses
- Eyewitness testimony
- Testimony from medical experts and vocational therapists
- Employer statements
An experienced personal injury lawyer investigates all aspects of the injury and brings an evidence-backed claim against the appropriate insurance company to negotiate for the highest possible settlement. If the insurance company undervalues or wrongfully denies the claim, your attorney will take the case to court for litigation and seek a jury award for catastrophic injury damages.