| Catastrophic
Injuries - An Overview |
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A
catastrophic injury or illness usually occurs suddenly and
without warning. Injuries that are considered catastrophic,
due to the enormous impact they have on the lives of the individuals
who experience them, include the following: brain injury,
spinal cord injury, accidental amputation, severe burns, multiple
fractures, or other, neurological disorders. A catastrophic
injury or illness very often causes severe disruption to the
central nervous system, which in turn affects many other systems
of the body. In addition to possible loss of movement, sensation,
and communicative and cognitive abilities, the injury or illness
may impact respiration, circulation, skin, the urinary system,
the gastrointestinal system, and other body systems. Management
of such an injury is complex and requires the expertise of
a team of health professionals including physicians, consultants,
nurses, therapists, and counselors. Clearly, the long-term
needs of someone who has experienced this type of injury far
surpass those of individuals with less severe injuries. Individuals
may recover from some catastrophic injuries if they receive
proper, early medical treatment; however, others may experience
permanent disability, significant suffering, and reduced life
spans.
If a catastrophic injury was caused by the negligent or intentional
act of another, or by a dangerous or defective product, a
personal injury claim by the victim will be an integral factor
in determining his or her future quality of life, including
the quality of the medical care and other support he or she
will receive. Because of the huge financial implications a
catastrophic injury has, one of the most important aspects
of bringing a personal injury claim is the determination of
the value of such a claim. A person whose earning capacity
has been substantially impacted and who is likely facing a
lifetime of care requires an experienced attorney, with specialized
knowledge of his or her particular type of injury, to ensure
that the injured person obtains all of the financial support
he or she will need, possibly for decades to come.
The long-term implications of many catastrophic injuries often
do not surface or become apparent until years after the original
injury. For example, individuals who are injured as children
may experience changes in their abilities/disabilities as
they grow, requiring surgeries or other medical intervention
to accommodate their growth. Similarly, a burn victim might
continue to undergo reconstructive surgeries for many years
after the original injury. Thus, an attorney who understands
the long-term implications of such injuries will be better
able to ensure the victims receive just compensation and sufficient
resources for the future.
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Compensation
Issues
Unfortunately,
often only a small amount of insurance is available to compensate
a catastrophically injured person, and it becomes necessary
to seek alternative compensation or government assistance. This
is one of the most important reasons for retaining an attorney
with significant experience handling catastrophic injury claims.
For instance, some of the worst, most dangerous drivers often
carry the least amount of insurance allowed by law, or carry
no insurance at all. In such cases, an injured party might be
limited to recovering only up to the limits of his or her uninsured/underinsured
motorist coverage benefits, which typically will fall far below
the losses sustained. Also, contrary to popular belief, huge
jury verdicts are rare, and most injury victims are undercompensated
for their injuries. For these reasons, it is important to seek
the assistance of an attorney who has experience with catastrophic
injury cases; he or she will consider and know how to reach
every possible source of recovery in a personal injury claim.
Additionally, even if your attorney determines you do not have
a legal cause of action against a responsible party, he or she
might assist you in obtaining government benefits, which is
often a daunting task for those not trained in the law. The
following are examples of how an experienced attorney can help
locate and pursue recovery from responsible individuals.
Burn
Scenario
There is often inadequate insurance coverage to properly compensate
burn victims for their injuries. For example, assume two cars
are involved in a serious motor vehicle accident that causes
both vehicles to burn beyond recognition, and both drivers to
suffer burns over 75% of their bodies. An inexperienced attorney
may conclude that all either driver is entitled to is the amount
of each driver's automobile insurance, typically $20,000 to
$100,000. An experienced attorney, however, will have the knowledge
and resources to investigate the accident and fire, and may
discover vehicle defects, road defects, additional insurance,
or assets hidden by responsible parties, all of which could
result in a far greater recovery. Moreover, an experienced attorney
will be better prepared to maximize the benefits to which a
burn victim is entitled under his or her own insurance policies.
Brain
Injury Scenario
One can sustain the force necessary to suffer a brain injury
in several types of accidents, including car accidents, sports-related
occurrences, and workplace accidents. Assume a worker is painting
on a scaffold when the platform gives way, causing a violent
fall and serious closed head injury. Some attorneys may see
this solely as a workers' compensation claim, which will limit
the victim's recovery as a matter of law because, in most states,
an injured worker cannot file suit against his or her employer.
An experienced attorney, however, will consider additional theories
of liability and defendants. For example, a product liability
case may be brought against the manufacturer of the scaffolding,
which could result in a large recovery. Also, many worksites
have multiple contractors, responsible for different aspects
of a project; therefore, an investigation should be conducted
into the involvement of others in installing and maintaining
the scaffold. Finally, experienced attorneys will always closely
examine emergency technician and medical records to determine
whether the medical care given to an injured individual was
proper.
Childhood
Fractures
Bone fractures sustained during childhood can affect growth
plates, requiring difficult bone-stretching procedures long
after the fractures have healed, and possibly permanently impairing
normal use of one or more limbs. Such an outcome might not even
be considered by an attorney representing a child at or near
the time of injury. Yet, an experienced attorney will anticipate
such future problems, and ensure that the injured individual
is financially protected.
Drunk-Driving
Accident
Another example might be where a driver is broad-sided by a
drunk driver who has no liability insurance. An inexperienced
attorney may advise his client that his or her recovery is limited
to his or her own uninsured motorist benefits. An experienced
attorney, however, will quickly determine where the drunk driver
was drinking prior to the accident, and preserve a case against
other potential defendants, including a bar, restaurant or homeowner
who served the driver alcohol. In addition, a product liability
claim may exist against one of the car's manufacturers if some
defect in one of the cars contributed to the accident. Such
claims are not inexpensive to litigate and, therefore, less
accomplished attorneys might not even consider them. Finally,
many states maintain a catastrophic claim fund that makes money
available to victims of catastrophic injuries who are not adequately
compensated by other sources. Some attorneys may not even know
about such a fund, and may overlook that as a source of recovery
completely.
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Determining
Future Costs of Care & the Damages to
Which a Catastrophically Injured Person is Entitled
Whether a
person falls from a construction platform and injures his spine,
catches her hand in a piece of machinery, or is born with a
birth defect that impairs his or her mobility, he or she will
likely need financial assistance in treating the injury and
continuing on with life. In today's society, within the systems
established to provide for injured individuals, the medical
evaluation of the degree of an individual's impairment can have
a huge impact on the level of compensation the individual will
receive, from all sources. Other issues such a medical evaluation
will impact in the future include:
• The injured person's ability to work;
• The right to receive different kinds of economic compensation;
• Eligibility for protection against discrimination;
• Whether independent living is possible;
• What type of physical therapy might improve his/her
health.
Significantly, such an evaluation should include the significant
changes an individual will undergo as he/she progresses through
acute hospitalization, then returns to the home and community.
An individual will likely experience the best possible outcome
with rehabilitation that offers an interdisciplinary approach
and coordinated care.
Life
Care Planning
Life care planning is the process of analyzing the medical and
medically-related goods and services an individual will need
because of a disabling injury or disease. A systematic and logical
approach is utilized to trace all of the needs relating from
the disability to the end of one's life expectancy. Various
experts within the field of rehabilitation and case management
are often asked to develop life care plans, in consultation
with medical and therapeutic specialists according to their
clinical specialties. All past medical, social, psychological,
vocational, educational, and rehabilitation data are taken into
consideration to the extent that it is available and applicable.
The goals and desires of the patient and family are expressed
in the plan. Medical literature is surveyed to reflect current
concepts of patient care management. Consideration is given
to changes in a patient's needs due to aging and the progression
of his or her disability.
The life care plan provides for services that are needed to
prevent or significantly reduce known complications over time.
Potential complications associated with the principle diagnoses
are discussed, and the care needs related to these complications
are projected. The range of services in the geographic area
or region, and prevailing costs and standards are utilized to
provide an analysis of costs. These costs are typically expressed
as present day costs derived from the best available data and
resources.
Through the life care plan process, a template for current and
future care is developed. The plan serves as a guide for family
members, case managers and health care providers. It is not
a prescription for care, but represents a logical blueprint
for an individual's anticipated needs and to provide optimal
outcomes, based upon reasonable medical probability and current
concepts of care. An individual's life care plan may be utilized
by his or her attorney in seeking compensation for his or her
injuries, and may also call for consultation with financial
professionals to select appropriate investment strategies to
preserve resources over the patient's life. |
| Conclusion
In the
unfortunate event you or a loved one fall victim to a life-altering,
catastrophic injury, you should not have to worry about proper
compensation or your attorney's expertise. Therefore, it is
highly advisable to seek out an attorney experienced in handling
catastrophic injury claims, who will exhaust all possible
avenues of financial and medical recovery on your behalf.
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Injuries
that are considered catastrophic, due to the enormous impact
they have on the lives of the individuals who experience them,
include the following: brain injury, spinal cord injury, accidental
amputation, severe burns, multiple fractures, or other, neurological
disorders.
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