Michigan Catastrophic Injury Lawyer
Southfield Catastrophic Injury Attorney
At Lipton Law, we understand that a sudden, serious injury can impact your life in major ways. That’s why our catastrophic injury attorneys are here to represent you. If you or a loved one has suffered terrible injuries due to someone else’s negligence, you may be entitled to financial compensation. To schedule a free consultation with a catastrophic injury lawyer in Michigan, please contact our Southfield law office today. Call 248-557-1688 to schedule your initial consultation with us.
What Is a Catastrophic Injury?
Catastrophic injuries are those that happen suddenly, without warning, and have a tremendous impact on the lives of the victims. In many catastrophic injury cases, a victim could be left with long-term consequences or even permanent disability.
A catastrophic injury can occur as a result of many different types of personal injury claims, including car accidents and others.
If you were severely injured in a personal injury accident, you need a catastrophic injury attorney on your side. While you focus on rest and recovery, we’ll focus on handling your personal injury claim.
What Is Considered a Catastrophic Injury?
When many people think about catastrophic injuries, they tend to envision fatal injuries, disability, paralysis, and other severe injuries. However, there are many other injuries that can be considered catastrophic due to the impact they have on victims.
These include but aren’t limited to:
- Spinal cord injuries
- Traumatic brain injuries
- Birth injuries
- Hearing or sight loss
- Facial injuries
- Nerve damage
- Paralysis
- Amputations
- Crushing injuries
- Degloving injuries
The types of catastrophic injuries include many other specific injuries. Nearly any serious injury can be considered catastrophic as long as it heavily impacts the victim’s life. We recommend speaking with a skilled catastrophic injury lawyer to determine the severity of your case.
Catastrophic Injury Examples
Neck and Spinal Cord Injury
Spinal cord and neck injuries are among the most common types of catastrophic injuries. This is because many different accidents can cause these injuries. Unfortunately, these injuries are also highly debilitating for many people. Some victims will experience paraplegia or quadriplegia from a spinal injury.
Additionally, many victims require special medical care or physical therapy. They may even have severe emotional distress related to the accident. These are just a few of the reasons why it’s important to fight for maximum compensation by speaking with a Michigan back injury attorney in these cases.
Catastrophic Brain Injury
A traumatic brain injury is one of the other common types of catastrophic injury. Traumatic brain injuries (TBIs) can happen as a result of many different personal injury cases. They are particularly prominent in pedestrian accidents, motor vehicle accidents, construction accidents, sports accidents, and bicycle accidents.
TBI victims may face serious cognitive impairment, emotional issues, and other life-altering events. Some victims may even require memory care, or they may need to relearn skills they once had. Regardless, TBIs can be very difficult for both victims and their family members to deal with. This is why working with a Michigan brain injury attorney is so important.
Loss of Sight or Hearing
Loss of sight or hearing specifically represents a subset of catastrophic injuries that fundamentally alter an individual’s interaction with the world around them. Blindness or significant vision loss can result from direct trauma to the eyes, brain injuries, or exposure to harmful substances or conditions.
Similarly, total or profound hearing loss can occur due to severe head injuries, loud explosions, or prolonged exposure to high decibel levels without adequate ear protection. These sensory losses not only challenge the individual’s ability to navigate and interact with their environment but also deeply affect their social interactions, communication, and mental health.
Adapting to life without sight or hearing requires significant rehabilitation and learning of new skills, including Braille or sign language, to maintain independence and quality of life. Catastrophic injury lawyers often see injuries like these and fight to ensure that the victims are properly compensated for the impact that their injuries have on their lives.
What Causes Catastrophic Injuries?
Just as there are many different types of catastrophic injuries, there are also a nearly limitless number of causes for these injuries. Many people picture a bad car accident. However, nearly any situation can result in severe injury if someone acts negligently.
Below, we list some of the most common causes of catastrophic injury:
- Car accidents
- Truck accidents
- Commercial vehicle accidents
- Pedestrian accidents
- Motorcycle accidents
- Workplace accidents
- Sports injuries
- Explosions and burn injuries
- Medical malpractice
- Slip and fall accidents
- Product liability cases
What Are the Long-Term Effects of Catastrophic Injuries?
This depends mostly on the type of injury that you suffer. When victims suffer catastrophic injuries, they often face a long road to recovery, if it is possible to recover. This is why it is so important for those who suffered catastrophic injuries to secure fair compensation. Maybe they lost a limb, were paralyzed, or simply could not return to work.
Catastrophic accidents have a significant impact on victims’ lives. If you suffered a catastrophic injury that came with chronic pain, disfigurement, or another serious consequence, you might be entitled to monetary compensation.
Can You Recover from a Catastrophic Injury?
Unfortunately, an injured party in a catastrophic personal injury case will likely face a very long and painful recovery. While it is possible to make a full recovery, it is very unusual for catastrophic injury victims. However, pursuing medical attention as soon as possible is crucial to achieving the best possible recovery.
Common diagnostic and treatment options for catastrophic injury victims include the following:
- Blood transfusion
- Imaging tests, such as X-rays, MRIs, or CT scans
- Physical therapy
- Prosthetic limb practice
- Cognitive therapies and treatments
- Speech therapy
- Occupational therapy
The physical, emotional, and financial impact that these cases have on victims can be devastating. They may even deprive victims of cherished personal relationships. In essence, financial compensation is often essential for victims and their families. Our law firm prioritizes the needs of our clients above all else. To speak with a qualified personal injury attorney, please contact Lipton Law today.
Catastrophic Injury Statute of Limitations Michigan
According to the Michigan Compiled Laws section 600.5805, “the period of limitations is 3 years after the time of the death or injury for all actions to recover damages for the death of a person or for injury to a person or property.” But what exactly does this mean?
Basically, it means that catastrophic injury victims have three years to file a complaint against the at-fault party in court.
The three-year clock begins counting down on the date of your injury unless any specific exceptions apply. Speak with a Michigan personal injury lawyer to determine if you still have time to file your claim.
How Long Does It Take to File a Catastrophic Injury Claim?
This is a difficult question to answer. The more complicated your case is, the longer it will likely take to either settle or receive a final judgment. It also depends on the specific facts of your case. We cannot predict how long your case may take unless we understand the full extent of your injuries and losses.
It also depends on whether you decide to settle or go to trial. However, car accident cases usually do not take as long as commercial vehicle accident cases, generally. If you’re wondering about how long your case might take, we recommend speaking with our catastrophic injury attorneys.
Who Is Liable for a Catastrophic Injury?
Again, this depends on the facts of your case. However, it is possible for multiple parties to share liability for your pain and suffering. It is essential to assign liability in order to recover compensation in your case.
Potentially responsible parties in these cases can include but aren’t limited to:
- Impaired or drunk drivers
- Employers of negligent employees
- Property owners
- Manufacturers of dangerous products
- Negligent healthcare providers
It is crucial that you speak with qualified legal professionals as soon as possible after your injury. This way, we can help you gather evidence to both support your case and assign blame for your injuries. You shouldn’t have to pay for outrageous medical bills due to someone else’s carelessness.
As an example, many people who are injured in commercial vehicle accidents suffer very serious medical problems. However, many large companies would rather sweep the situation under the rug than do what is best for you. In this case, you need a skilled commercial vehicle accident attorney on your side.
How to Prove Liability in a Catastrophic Injury Case
Proving liability in personal injury cases is extremely important in order to pursue compensation.
You and your catastrophic injury attorney must prove the following four elements in order to have a valid claim:
- The negligent party owed you a duty of care to not cause you harm.
- They breached that duty in a negligent manner.
- That breach directly caused the injuries that you would not have otherwise suffered.
- You suffered actual damages as a result of the injury.
If you can prove these four elements in your case, you might be entitled to compensation.
What If a Loved One Passes Away After Sustaining a Catastrophic Injury?
Unfortunately, treating catastrophic injuries does not always result in the victims achieving a full recovery. When a loved one passes away as a result of a catastrophic injury, family members may have legal recourse through a wrongful death lawsuit. This type of legal action is designed to provide compensation for the survivors who have suffered monetary and emotional losses due to the death of their family member.
Generally, a wrongful death claim must prove that the death was caused by another party’s negligence, recklessness, or intentional actions. Common scenarios leading to such claims include motor vehicle accidents, medical malpractice, workplace accidents, and incidents involving defective products.
The plaintiffs in a wrongful death case may seek damages for a variety of losses. These can include funeral and burial expenses, lost income and benefits the deceased would have contributed to the survivors, loss of companionship, and emotional distress suffered by the family members. Working with a Michigan wrongful death attorney can help you navigate these claims with as little stress as possible.
What Damages Can Be Recovered for Catastrophic Injury?
You could potentially recover economic, non-economic, and punitive damages. Below, we outline the differences between each.
Economic Damages
These are your financial losses related to your catastrophic injury. They tend to be easier to prove than non-economic damages, as they have a paper trail in the form of medical bills and other documents. The following are some common examples of economic losses.
- Current and future medical expenses
- Lost wages or lost income
- Legal fees
- Loss of earning capacity
- Property damage
Non-Economic Damages
Non-economic damages are those which are more subjective. They are usually more difficult to measure. This is where an experienced catastrophic injury attorney can greatly help your case. We will help you assess and place a value on your non-economic losses. The following are common examples of these non-economic losses.
- Pain and suffering
- Mental and emotional anguish
- Loss of enjoyment of life
- Loss of consortium
- Temporary or permanent disability
- Scarring or disfigurement
Read our related blog about pain and suffering settlement examples to learn more about how we quantify non-economic damages such as these.
Punitive Damages
While punitive damages are rare to receive in personal injury cases, they are still a possibility. However, they are reserved for cases involving particularly harmful behavior from the defendant. Our Michigan injury attorneys are here to fight for full and fair compensation on your behalf. If we believe you are entitled to punitive damages, we will fight tooth and nail to ensure that you receive it.
What Is the Process of Filing a Catastrophic Injury Claim?
The first step in filing a catastrophic injury claim involves gathering detailed evidence, such as medical records, expert testimony on injuries and their long-term impact, income loss proof, and financial loss documentation. Photographs of injuries and accident scenes, plus witness statements, also bolster the claim’s validity.
Once evidence is collected, the next step is identifying liable parties, which could be individuals, corporations, government entities, or multiple parties. The claimant or their legal representative notifies these parties of the intent to pursue a claim, detailing injuries, compensation sought, and a response deadline.
Negotiations often follow, with many claims settling out of court through discussions between the claimant’s representatives and the defendant’s insurers or legal team. If agreed, terms are documented in a binding agreement, resolving the case without trial.
If negotiations fail, the claimant’s attorney may proceed to file a lawsuit, initiating formal legal proceedings. Throughout the process, experienced legal representation is crucial due to the complexity and high stakes involved in catastrophic injury claims.
How Can an Attorney Help in My Catastrophic Injury Lawsuit?
An attorney can be invaluable in serious personal injury cases such as these. One of the main benefits is case valuation. We will examine the facts of your case, your financial losses, and the severity of your injuries to determine the value of your case.
We also provide assistance to clients in the following ways:
- Handling the case while you focus on recovery
- Investigating the accident and gathering evidence to support your case
- Negotiating with the insurance companies
- Preparing you and your case for court
Do All Personal Injury Attorneys Handle Catastrophic Injury Claims?
Not all personal injury lawyers specialize in handling catastrophic injury claims. While many personal injury lawyers are equipped to manage a wide range of cases, from slip and fall incidents to automobile accidents, catastrophic injury claims often require a specialized set of skills and resources.
Due to the complex nature of these cases, which can include severe brain injuries, spinal cord injuries, and other life-altering conditions, an attorney must have specific knowledge of medical issues, rehabilitation processes, and long-term care needs.
Additionally, these cases frequently involve substantial financial claims to cover extensive medical treatments, loss of income, and long-term care, requiring an attorney who is experienced in negotiating and litigating for high-value compensation.
Experienced Southfield Catastrophic Injury Lawyers
If you suffered serious, life-altering injuries due to someone else’s negligence, you deserve compensation for that. At Lipton Law, we believe that injured victims deserve full and fair compensation. That’s why our catastrophic injury law firm works hard to ensure that you receive justice. To schedule a free case review with us, please call 248-557-1688 today.
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