Why a Lawyer is Critical for Serious Injury Claims

Anyone who has sustained a serious injury should hire an experienced personal injury lawyer rather representing himself.  Because catastrophic personal injury claims are so complex, it is impossible for the average non-lawyer to successfully represent himself.

What is a Catastrophic Personal Injury?

A serious or catastrophic personal injury is one that requires significant long-term medical treatment and typically results in long term or permanent effects on the victim’s life.  Depending on the severity of the injury, the overall health of the victim, and the quality of the medical care he receives, a victim may make an excellent recovery.  On the other hand, certain catastrophic injuries may leave a victim permanently disabled and/or disfigured. 

Types of Catastrophic Injuries

Catastrophic injuries can be sustained in any kind of accident or as the result of any kind of negligence.  Examples of catastrophic injuries include: 

• Head injuries;
• Second and third degree burns;
• Loss of limbs;
• Broken limbs;
• Spinal cord injuries;
• Paralysis;
• Organ damage;
• Loss of vision;
• Loss of hearing;
• Loss of speech; and
• Death. 

What Makes These Different From Other Personal Injury Cases?

The proof required to win a catastrophic personal injury case is no different from the proof required to win other personal injury cases.  To win any personal injury case, a plaintiff must prove the following four elements: 

• That the defendant had a duty of care to act or refrain from acting in a certain manner;
• That the defendant breached his duty of care;
• That the plaintiff was injured; and
• That the defendant’s breach of the duty of care was the proximate cause of the plaintiff’s injuries. 

What makes a catastrophic or serious injury case different from the average personal injury case is level of difficulty in proving liability.  It’s usually much more difficult to prove liability in catastrophic personal injury cases than in other kinds of personal injury cases.  Oftentimes, the only way to prove liability is through the use of complicated scientific and technological evidence. 

Using Expert Witnesses to Prove Liability

One of the critical functions a serious injury attorney fulfills for a client is locating appropriate expert witnesses who can testify on the client’s behalf.  Expert testimony is at the heart of every serious injury case; in certain types of serious injury cases, such as medical malpractice cases for example, some jurisdictions require an expert affidavit to be attached to the complaint.  Failure to attach the appropriate expert affidavit can result in dismissal of the case. 

Court Procedures and Technicalities

Statute of Limitations

The statute of limitations is the period of time during which a plaintiff must file a lawsuit.  The statute of limitations varies from jurisdiction to jurisdiction.  Moreover, it may vary depending upon the nature of the injuries sustained, when those injuries were discovered, and the type of accident involved. 

Discovery

In every personal injury case, the discovery period begins to run after the defendant has filed an answer to the complaint.  The rules of discovery are very strict.  Most pro se plaintiffs simply do not possess enough legal knowledge to formulate the correct discovery requests or to respond effectively to discovery requests from the other side. 

Subrogation

Subrogation is the right of a third party to substitute itself for the plaintiff in a personal injury case and seek reimbursement out of the proceeds of a settlement or jury award.  Subrogation clauses are commonly found in medical insurance policies.  If a medical insurance carrier exercises its subrogation rights, it could leave the victim of a serious injury with little or no money to pay for his ongoing medical needs and household expenses.  

Getting Legal Help

Navigating through the complex framework of a catastrophic injury case requires the knowledge, expertise, and resources of personal injury attorney.  A qualified personal injury attorney will handle all aspects of the case and work diligently to ensure that the plaintiff receives the compensation he deserves. 

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