Multiple insurance industry studies report that catastrophic injuries, defined as those claims with more than $250,000.00 in total costs, account for less than 1 percent of all claims but more than 20 percent of total claims costs. Because of the nature of these injuries and how much is on the line financially – not only for the defendants but also for you and your family – catastrophic injury claims present unique challenges for trial lawyers and insurance adjusters.
The purpose of this article is to help you understand how insurance adjusters manage catastrophic injury claims and what you can do to maximize the amount of money you recover through settlement or trial. I hope this information helps you obtain a fair catastrophic injury settlement that provides financial security for you and your family.
If you have any questions, or are looking for a top-rated car accident attorney or workers compensation lawyer with experience resolving catastrophic injury claims in Richmond, Roanoke, Fairfax, Newport News, Virginia Beach, and throughout Virginia, call me: 804-251-1620 or 757-810-5614. Your consultation is free.
“A minor injury is one that happens to somebody else” is an old saying.
And it’s true. There is no such thing as a minor injury when you are the one hurt.
But for insurance adjusters and plaintiff attorneys, catastrophic injury claims are considered separate types of claims.
There is no established definition for the phrase “catastrophic injury” within the legal field or insurance industry. But for me a catastrophic injury is one that will:
In short, a catastrophic injury claim is one where the defendant has significant financial exposure that exhausts available insurance policy limits and threatens bankruptcy. And that qualifies you for Social Security Disability benefits.
The insurance company in your case may have a different definition of catastrophic injury that is based on criteria from the reinsurance company. Reinsurance is insurance purchased by automobile liability insurers and workers comp insurance carriers to protect them from excessive loss.
Common types of catastrophic injuries include:
Catastrophic injury claims are unlike other negligence, tort, and workers compensation claims. They require a different type of preparation and handling.
When you suffer catastrophic injuries, either because of a work accident, someone else’s negligence, or medical malpractice, you can expect the following from the insurance company:
I have negotiated numerous auto accident insurance settlements and workers compensation settlements for persons with catastrophic injuries. And while my advice on calculating the value of your personal injury case is a good starting point, there are other items to consider before you settle your catastrophic injury claim.
For example:
These are just some of the items to consider when evaluating a catastrophic injury claim. I recommend talking with a lawyer before making a settlement demand or accepting a settlement offer from the insurance company.
As a catastrophic injury lawyer, I have one job: to get you and your family as much money as possible.
Here are some of the ways I help you get a top-dollar catastrophic injury settlement in your workers comp or personal injury case:
1. Spend time with you to see how you live and how the catastrophic injuries have changed your life. More than any other type of case, catastrophic injury claims are about telling a story to the insurance adjuster, judge, or jury. I will spend time with you so that I understand your physical and mental struggles. The closer our relationship, the more effectively I can communicate your struggles to the insurance company or jury and motivate them to award appropriate compensation for damages.
2. Interview family members and friends to determine which of them can help you tell your story. We spend a lot of time with friends, family members, and co-workers. And these are the people who are best able to explain what you were like before the injury. I will ask people close to you what you were like before the injury, what activities you enjoyed, how you spent your time, how well you performed at work, and what your plans were. Family photographs, diaries and journals, and home video can help me understand what you were like before the catastrophic injury.
Comparing life before the accident with life after the accident is a powerful tool in catastrophic injury cases. These things are not easy to talk about, but can help make sure you are awarded damages that are appropriate based on the severity of what you’ve been through.
3. Interview other witnesses to establish negligence, causation, and damages. I will interview all witnesses, including: police, fire fighters, emergency medical technicians (EMTs). I attorney will also obtain 911 call transcripts, video footage, and photographic evidence related to your case.
Witness observations are powerful tools to educate the jury on what you went through. I understand that it can be difficult to hear about the accident, but it is important that the jury understand what it was like to be in your shoes when you were injured. If the insurance company thinks you can present an effective case, it is more likely to offer a reasonable catastrophic injury settlement.
4. Hire the right expert witnesses for negligence and causation. No matter how serious your injury, you will not win at trial unless you prove that another’s negligence caused your injury. I will investigate and reconstruct the accident if you were hurt on the job or in a motorcycle, car, or truck accident to persuade the jury not only that the defendant was negligent but also that the defendant’s negligence calls for an award of damages equal to the severity of your injury.
A thorough catastrophic injury accident investigation may involve hiring investigators, liability experts, standard of care experts, and engineering experts.
By investigating and recreating the events leading up to the accident, I can show the terror and panic you experienced. It is important to walk jurors through a second by second account of the accident and injury so that they are motivated to award appropriate damages
5. Fight for your right to the highest quality medical care available. Though money is the only way to resolve your catastrophic injury claim, I know that it is a means to help make you whole physically, mentally, and emotionally. And top-notch medical care gives you the best chance of recovering maximum functionality and regaining a decent quality of life.
6. Meet with your medical providers. I will speak and meet with your health care providers, including nurses, physicians, home health aides, surgeons, and therapists, throughout the course of treatment. These providers can help me understand what type of day-to-day care you need, as well as how difficult your recovery has been. Areas of testimony include the activities of daily living you need help with, such as bathing, dressing, grooming, wound care, and transportation. The better I understand these factors the better job I can do educating the insurance company and jury and getting you more money for your catastrophic injuries.
7. Pursue your case aggressively. There is an old saying: “Justice delayed is justice denied.” I will manage your case and act with a sense of urgency so that you get either a fair settlement offer or your day in court as soon as possible.
8. Manage medical bills. The last thing you should have to worry about when trying to recover from your catastrophic injuries is who and when to pay for medical care received. I will help you manage this process throughout the course of your claim.
9. Answer all of your questions. The personal injury and workers comp claims processes are complicated and difficult to understand. But I am here to answer you and your family’s questions from start to finish.
10. Find all available defendants. My goal is to put as much money in your pocket as possible, no matter the source. My team and I will search for all possible defendants and approach them about offering fair compensation for your injuries.
From the moment you contact us, my team will work with you to develop a customized plan for gathering facts and resolving your catastrophic injury case as efficiently as possible for the most money possible.
Often this means settlement. But sometimes it means trial.
No matter what it takes, I will help you resolve your catastrophic injury claim in Virginia. Call 804-251-1620 or 757-810-5614 to get started.