Catastrophic injuries can occur in serious accidents, like slip and falls, motor vehicle collisions, bicycle accidents, pedestrian accidents, and construction accidents, to name just a few examples. When a person suffers a catastrophic injury in one of these types of accidents, they might need to be hospitalized for a long time and undergo one or more complicated medical procedures, such as surgeries.
At other times, the injured person may need to attend regular medical visits with a specialist or go to physical therapy regularly. All of this treatment can be extremely costly and may lead to mounting medical bills. In addition, a person who suffers a catastrophic injury in an accident might not go to work for a long time, resulting in significant lost earnings.
Finally, catastrophic injuries can have an impact on the accident victim’s quality of life and ability to participate in once-enjoyed recreational activities. When catastrophic injuries suffered in an accident are permanent, the accident victim might not function in the same way as they did before the accident.
If you or a person you love has suffered a catastrophic injury in an accident that resulted from the carelessness, recklessness, or negligence of another person, you may have legal options that are open and available to you. The skilled team of St. Louis and Metro East catastrophic injury lawyers at Dixon Injury Firm can explain all of your legal options to you and help you select the best option for handling your catastrophic injury case.
In some instances, your attorney might pursue a favorable monetary settlement on your behalf, while at other times, you may need to litigate your case in court. No matter the situation, you can rest assured that our legal team is prepared to zealously advocate for your interests and pursue the compensation that you deserve to recover for your catastrophic injuries. Please call us today to find out more about how we can assist you with pursuing your personal injury claim or lawsuit.
Accidents That Can Lead to One or More Catastrophic Injuries
Several serious accidents may lead to accident victims suffering serious and potentially catastrophic injuries and damages.
Some of the most common types of accidents that can lead to catastrophic injuries include:
- Motor vehicle accidents, especially those that occur at high rates of speed, involve a head-on collision with another motor vehicle or a large truck or tractor-trailer
- Pedestrian accidents where a motor vehicle collides with a pedestrian or an adjacent sidewalk
- Slip and fall accidents (indoor and outdoor) that happen on premises belonging to someone else
- Bicycle accidents and motorcycle accidents, especially where the rider is dislodged from the bike and makes direct contact with the ground
- Injuries and complications that arise from medical malpractice and negligence, including botched surgeries and other complicated medical procedures
- Accidents that occur on construction sites, especially where a worker suffers harm due to a piece of construction equipment or falls to the ground from a ladder or scaffolding
If you or a person you care about suffered a catastrophic injury in such an incident, get in touch with a skilled St. Louis and Metro East catastrophic injury lawyer at Dixon Injury Firm immediately. Our legal team will review your situation and help you pursue the compensation that you need and deserve for your catastrophic injury.
Types of Catastrophic Injuries That an Accident Victim Might Suffer
Serious accidents like the ones mentioned above can lead to various types of catastrophic injuries that can leave an accident victim debilitated and in need of extensive medical treatment. Catastrophically injured accident victims might need to have surgery or another procedure and may come under the care of a doctor for a significant time, incurring expensive medical bills as a result.
Some of the most common types of catastrophic injuries that accident victims may suffer include:
- Spinal cord injuries and paralysis
- Traumatic head and brain injuries
- Soft tissue sprains and strains
- Broken bones
- Internal injuries
If you have suffered one or more of these catastrophic injuries in an accident that was not your fault, you need a team of lawyers on your side that will zealously pursue your claim to get you the compensation that you need. The knowledgeable St. Louis and Metro East catastrophic injury lawyers at Dixon Injury Firm can file the necessary claim or lawsuit on your behalf and will help you settle or litigate your catastrophic injury case to a favorable conclusion.
What Does It Take to Medically Establish That You Suffered a Permanent and Debilitating Injury in an Accident?
Victims of catastrophic injuries have the legal burden of proof in any claim or lawsuit that they file for personal injuries and damages. First of all, the accident victim must demonstrate, by a preponderance of the evidence, that the at-fault person acted unreasonably under the circumstances.
For example, if the accident victim suffered their injuries in a motor vehicle collision, the accident victim must show that the other driver violated the law, such as by speeding, failing to yield the right of way, or operating their vehicle recklessly and carelessly under the circumstances. In addition, the accident victim must demonstrate that the accident happened because of another person or entity’s negligence. Finally, the accident victim needs to show that they suffered one or more catastrophic injuries and damages in the accident.
For an accident victim to establish that they suffered a permanent injury, competent medical testimony is often necessary. Specifically, a healthcare provider must be in a position to demonstrate, to a reasonable degree of medical certainty, that the accident victim suffered a permanent injury.
A permanent injury is one that the accident victim will suffer from for the remainder of his or her life. Given the serious and extensive nature of many catastrophic injuries, it stands to reason that these injuries will be permanent and will impact the accident victim in the long term.
The experienced St. Louis and Metro East catastrophic injury attorneys at Dixon Injury Firm can assist you with establishing that you suffered a catastrophic and permanent injury in your accident. We can help you satisfy your legal burden of proof so that you can recover appropriate monetary compensation and damages.
Filing a Catastrophic Injury Claim
The catastrophic injury claims-filing process begins when an accident victim submits a demand package to the at-fault person’s insurance company. The insurance company adjuster will review the demand package and determine whether or not to accept fault or liability for the case.
When deciding whether or not to accept liability, the insurance company adjuster will consider a variety of documentation, including the settlement demand letter, the accident victim’s medical records and bills, witness statements, police diagrams, lost wage documentation, and permanency evaluations prepared by one or more healthcare providers.
If the insurance company accepts liability for the catastrophic accident, the adjuster will usually make an offer to resolve the case out of court. While many initial settlement offers in run-of-the-mill personal injury cases are low, in catastrophic injury cases, the medical damages may be so high that the adjuster will offer the full limits of the available insurance policy. If not, several rounds of negotiations may take place between the accident victim’s lawyer and the insurance company adjuster in hopes of reaching a favorable settlement offer.
If a reasonable settlement offer is not forthcoming, the accident victim can file a lawsuit in the court system and pursue litigation. Even after a suit has been filed, settlement is still a good possibility in most severe injury cases. In addition, there may be several alternatives to taking a catastrophic injury case to trial. One of the most common options is binding arbitration, where a neutral, third-party arbitrator evaluates the case, including all of the medical documentation and bills, and decides the issue of damages.
If you have suffered a catastrophic injury in a serious accident, the St. Louis and Metro East catastrophic injury attorneys at Dixon Injury Firm can pursue a claim or lawsuit on your behalf and bring it to a prompt and favorable conclusion for you.
Statutory Deadline for Filing a Lawsuit Arising From a Catastrophic Injury
Victims of catastrophic accidents and injuries do not have an unlimited time in which to file their claim or lawsuit. In the state of Missouri, accident victims have a period of five years from the date of their accident in which to bring a claim or lawsuit. Illinois offers a much shorter deadline. In that state, accident victims only have two years from the date of their accident in which to bring a personal injury claim or lawsuit.
If the statute of limitations is not followed and the claim or lawsuit is filed late, the accident victim cannot pursue monetary compensation and damages at any point in the future. This is because the court will bar the claim.
Given these relatively short statutes of limitations, take proper legal action as soon as possible after you are involved in a serious accident. The knowledgeable and experienced St. Louis and Metro East catastrophic injury lawyers at Dixon Injury Firm can take the proper legal actions in your case.
If you must file a lawsuit to protect the statute of limitations from running out, we can do so quickly and efficiently. We can then pursue your case to a favorable conclusion through a settlement, trial, or alternative dispute resolution proceeding.
Compensable Injuries in St. Louis and Metro East Catastrophic Injury Claims
Victims of catastrophic accidents who suffer severe injuries might pursue and recover monetary compensation.
Since catastrophic injuries require significant and extensive medical treatment and can lead to permanent consequences, victims of these accidents might pursue monetary damages for:
- Costs associated with lifetime care at a nursing home or assisted living facility
- Medical costs associated with doctor visits, medical procedures, and physical therapy (both past costs and anticipated future costs)
- Compensation for loss of earning capacity, in the event the accident victim has to switch jobs or occupations (often at a lower rate of pay) due to the catastrophic injury sustained in the accident
- Compensation for permanent pain and suffering
- Compensation for lost quality of life
- Compensation for your inconvenience, mental distress, and emotional anguish
- Compensation for loss of the ability to use a certain body part due to suffering a catastrophic injury
- Compensation for a permanent disability, often associated with limited bodily functioning
- Loss of family support or spousal companionship
The experienced team of St. Louis and Metro East catastrophic injury lawyers at Dixon Injury Firm can determine your eligibility for these types of damages and will do everything possible to help you recover maximum compensation for the catastrophic injuries that you suffered in your accident.
Contact an Experienced St. Louis Catastrophic Injury Lawyer About Your Legal Matter Today
An accident happens in an instant, but the effects of the accident can impact the rest of your life if you suffered a catastrophic injury. Negligent parties should be liable for your lifetime of losses.
The skilled legal team at Dixon Injury Firm understands the pain, inconvenience, and frustration that often accompany catastrophic injuries in a serious accident. Our legal team can file the necessary claim or lawsuit on your behalf and fight for your right to recover all of the compensation that you deserve for your serious injuries.
For a free legal consultation and case evaluation with a knowledgeable St. Louis catastrophic injury attorney, please call us today at (314) 208-2808 or contact us online for more information about how we can help.
The Dixon Injury Firm
9666 Olive Blvd #202,
St. Louis, MO 63132