Five Things You Need to Know to Pursue a Catastrophic Injury Claim

Unfortunately, accidents are a common occurrence in everyone’s lives. We trip on our own shoelaces when they have come undone, we drop things on our feet, and sometimes accidentally walk into walls when we’re distracted. These are simple errors that generally cause more harm to our dignity than anything else.

However, severe accidents such as car collisions, burns, or head injuries can result in both catastrophic personal injuries but monumental financial harm as well. Therefore, if you have suffered a permanent injury due to someone else’s negligence, errors, or mistakes, and if you are finding it hard to pay your medical expenses, a catastrophic personal injury lawsuit may be worth pursuing.

When deciding whether you should file a catastrophic injury claim in Virginia, you should first ask yourself the following questions:

  • Was my injury caused by negligence, or the fault of someone (or something) out of my control?
  • Is my injury minor or catastrophic?
  • Am I prepared to justify the claim in court?
  • Is the potential compensation worth the emotional cost of a lawsuit?
  • What kind of lawyer should I have handle my case?
     

Negligence and the extent of harm

Sometimes it’s difficult to admit to yourself that you may have caused an accident, especially if that accident led to yourself or someone else getting harmed. However, in order for an injury claim to have merit, you must be 100 perfect sure that you were not at fault. In other words, you’re positive that there was no way you could have prevented your own injuries. For example, if you suffered third-degree burns because your stove spontaneously caught fire while you were cooking, a claim could be filed. However, if you suffered the burns because you attempted to light your stove with a handful of firecrackers, your insurance company (as well as a jury) may find it difficult to award compensation.

The extent of your injury is also important when filing a claim. Minor injuries, such as cuts, fractures, sprains or bruises, generally aren’t worth a claim, as they are easily treated and don’t permanently affect your quality of life. On the other hand, more severe injuries—such as amputations, third-degree burns, brain injuries, or sexual assaults—can cause permanent, irreversible, and costly pain and suffering. Therefore, with catastrophic, or permanent injuries, a claim would be justified and perhaps required in order to receive financial compensation.

Demanding your fair and full compensation

Although most injury claims are settled out of court, you must still be prepared to discuss the accident in detail and justify your claim in front of a jury. This may prove to be emotionally difficult and cause additional grief. However, as long as the possible compensation awarded will indeed stabilize the financial burden of your injury, the personal testimony may also prove to be advantageous in the outcome of the suit—and many of our clients find that telling their stories brings emotional healing.

In order to help you determine the validity of your claim, the possible compensation for your injury, as well as how to further proceed with the lawsuit, you’ll need the right catastrophic personal injury lawyer. The right lawyer will be able to break down your case and provide valuable advice and insight into the legal ramifications of your accident. To see if the lawyers at Shevlin Smith are the right fit for you, contact us at 703.591.0067 for a free consultation. We know how difficult it can be to pursue an injury claim; let us make it easier for you. Call us today to get started.