Car accidents can have life-altering consequences—especially when catastrophic injuries are involved. Injuries of this nature can require extensive medical care and long-term rehabilitation, dramatically affecting the lives of victims.
This guide aims to explore the key information victims need to know about catastrophic injuries, the challenges they may face, and the importance of finding an experienced catastrophic injury attorney in Kansas City to help navigate the path forward.
Leading Causes of Catastrophic Injuries in Car Accidents
A catastrophic injury is a severe injury that results in a significant long-term disability. This can often affect a person’s ability to work and perform normal, everyday tasks. Some common examples of injuries that can be considered catastrophic include:
- Extensive burns
- Severe brain trauma
- Broken bones and amputations
- Spinal cord injuries
These are not the only injuries that can be considered catastrophic. A catastrophic injury refers to injuries that significantly affect the victim’s life, necessitating extensive medical treatment and ongoing support.
Car accidents can involve catastrophic injuries, especially when they involve a high-impact collision. Potential scenarios include:
- High-speed collisions
- Drunk driving
- Collisions involving semi-trucks and large vehicles
- Inattentive driving
- Operating a vehicle with defective components
- Pedestrian or cyclist accidents involving vehicles
Navigating the Complexities of Catastrophic Injury Law
Catastrophic injury claims are often complex, especially when victims are already facing the healing process and the life-altering consequences of their injuries. Understanding this type of claim includes understanding the steps taken throughout the claims process:
Proving liability or negligence
Calculating damages and compensation
Negotiating with insurance companies
Each of these steps plays a crucial role in building a strong claim, all of which a catastrophic injury attorney in Kansas City will use to protect the victim’s health, rights, and future.
1. Proving Negligence
The foundation of a catastrophic injury claim is establishing negligence. Establishing negligence involves identifying the negligent parties determining why the accident occurred.
A catastrophic injury attorney in Kansas City will help a victim navigate the legal challenges of proving negligence. This process can require substantial evidence, which may include medical records, witness accounts, and testimony.
To build a strong case, an attorney will work to prove the four key elements of negligence—each of which must be demonstrated to establish liability and pursue compensation through litigation.
The Elements of Negligence
Establishing negligence is critical for determining liability and working to obtain compensation for damages through the litigation process. Negligence typically has four key elements:
- Duty of care: The “duty of care” revolves around the obligation people have not to cause harm or injury to others through reckless or careless actions and/or omissions. This extends to the drivers of vehicles and how they must operate their vehicles safely to avoid accidents.
- Breach of duty: After the duty of care is established, it must be determined whether the at-fault party breached this duty. When an individual fails to uphold the standard of care expected in a situation – meaning failed to act as another similar driver would under the circumstances – they breach this duty. Examples of this include distracted driving, impaired driving, or reckless behavior behind the wheel of a vehicle.
- Causation: Causation establishes the link between the breach of duty and the injuries or harm that the victim suffers as a result of this breach. Establishing causation is critical for linking the at-fault party’s actions and negligence directly to the victim’s damages.
- Damages: A victim must prove that they suffered compensable damages due to the at-fault party’s negligence. These damages can be economic, such as expenses from medical treatment and lost wages, or non-economic, like pain and suffering.
2. Calculating Damages and Compensation
The catastrophic injuries sustained after a car accident can place an enormous financial burden on the victim. A catastrophic injury attorney in Kansas City will work alongside a victim to identify the damages caused by the accident, both in the immediate aftermath and the long term.
Qualifying economic and non-economic damages after a catastrophic injury can include compensation for:
- Medical expenses: This includes current and future hospital stays, surgeries, rehabilitations, specialized assistive devices, in-home care, and future expenses related to the injuries sustained.
- Lost wages: A catastrophic injury may force a victim to miss work for a prolonged period. This damage may include compensation for the lost income and loss of benefits during that time.
- Pain and suffering: Pain and suffering damages address the physical and emotional anguish as it pertains to pain and trauma caused by the injuries sustained.
- Diminished future earnings: Catastrophic injuries may prevent a victim from returning to their job. A victim may be entitled to compensation based on how this impacts their future earnings.
- Loss of consortium: When a loved one suffers a catastrophic injury, the emotional and relational impact on those around them can be immense. Damages may include the loss of companionship, affection, and support.
An experienced catastrophic injury attorney in Kansas City will work tirelessly to secure the recovery of these damages and others not listed above. Catastrophic injuries may warrant additional compensation due to the extensive suffering involved and the significant impact they can have on a victim’s life.
3. Negotiating With Insurance Companies
Though insurance companies are designed to provide financial protection and relief in the aftermath of a catastrophic injury, negotiating with these companies can be a complex challenge.
Insurance policies are often built around industry jargon that makes it difficult for those covered by the policy to fully understand their coverage and what they are entitled to after an accident. Additionally, insurance companies may employ tactics in an attempt to minimize a victim’s settlement, including:
- Disputing the severity of injuries, the cost of medical expenses, or the physical and emotional pain suffered
- Offering quick settlements for less than what the victim deserves
- Delaying or denying claims
Insurance claims involving catastrophic injuries require extensive evidence, and gathering this evidence alone is extremely difficult without the proper guidance and experience.
Contacting a catastrophic injury attorney in Kansas City when facing insurance companies is vital, as an experienced attorney can help victims navigate a path through the claims process, as well as any litigation that may be necessary when attempting to obtain fair compensation.
Living With a Catastrophic Injury: Challenges and Realities
Suffering a catastrophic injury can do more than just disrupt someone’s life; it can completely redefine it. The injuries sustained during these types of accidents can bring intense physical pain, emotional trauma, and financial difficulties.
These challenges often require extensive medical treatment and long-term care, and victims and their loved ones can quickly become overwhelmed by mounting expenses and uncertainty about the future. Seeking guidance from an experienced catastrophic injury attorney in Kansas City can be crucial during this time.
An attorney can help protect the victim’s rights, pursue full compensation, and provide the legal support victims need to focus on healing and rebuilding their lives after a devastating injury.
Physical Impacts of Catastrophic Injuries
Catastrophic injuries can lead to an array of physical challenges that directly impact a person’s daily life. Understanding these impacts can help victims and their families navigate a clear path to recovery.
Some common long-term effects of catastrophic injuries include the following.
Chronic Pain
Chronic pain is one of the most prevalent long-term effects of catastrophic injuries. This persistent pain and discomfort can be debilitating and may require specialized long-term management therapies and strategies.
In addition to the physical toll, chronic pain can also have a significant impact on a victim’s mental health, as it can be emotionally distressing and frustrating to deal with consistent pain.
Physical Limitations
After a catastrophic injury, a victim may have to make drastic adjustments to their daily routines. Tasks that were simple before, like dressing or bathing, may become difficult or impossible without assistance.
Modifications may need to be made to a victim’s home to accommodate their reduced mobility, which can be financially burdensome.
Permanent Mobility Issues and Disability
It is not uncommon for victims of a catastrophic injury to suffer permanent disabilities following their accident. This can include partial or complete paralysis, severely limiting their mobility.
Regaining a semblance of mobility often requires the use of medical devices, like prosthetics or wheelchairs. This dramatically changes the way victims engage in their daily activities, potentially preventing them from enjoying their favorite activities at all.
Ongoing Medical Care
Catastrophic injuries can lead to secondary health complications, which may require ongoing medical care and attention. These complications, like infections or respiratory issues, could require regular check-ups, specialized rehabilitation, or even surgeries to manage properly.
Victims will need to stay vigilant and aware of their health after an accident to prevent further complications.
Emotional Impacts of Catastrophic Injuries
Just like the physical effects, a catastrophic injury can also bring profound emotional and psychological challenges. After an accident, victims may experience a range of mental health struggles, each uniquely impacting their overall well-being and quality of life.
Emotional Toll and Social Impacts
After a catastrophic injury, victims may experience depression, mood swings, or a sense of hopelessness. These emotional changes can strain relationships with loved ones and make social interactions challenging.
Psychological support is important for victims recovering after a catastrophic injury, providing proper access to care and recovery strategies, including therapy and counseling.
Mental Health Challenges
It is not uncommon for individuals who have sustained catastrophic injuries in an accident to develop post-traumatic stress disorder (PTSD). Symptoms may manifest as heightened anxiety, emotional distress, or recurring flashbacks related to the incident.
The effects of PTSD can be significant and far-reaching. It is often essential for those affected to seek appropriate mental health support following a catastrophic accident.
Financial Impacts of Catastrophic Injuries
Catastrophic injuries often require immediate medical care and significant medical expenses. These financial challenges can extend far beyond this initial care. Understanding these long-term effects can be important for navigating the recovery process.
A catastrophic injury attorney in Kansas City can provide essential legal guidance to help victims and their families receive fair compensation following a catastrophic injury and address the long-term financial impacts of the injury effectively.
Loss of Income
A catastrophic injury can severely limit a person’s ability to work. This can lead to a direct loss of income for the victim and even a loss of benefits. It is not uncommon for the victims of catastrophic injuries to be unable to return to their previous jobs or to have to transition to a different role within the company at a lower pay.
Ongoing Medical and Rehabilitation Expenses
Victims often need surgeries, medication, and therapy following a catastrophic injury. Rehabilitation services, like occupational and physical therapy, can be costly. Along with the therapy, victims may require specialized medical devices, which can further add to their financial burden.
Essential Steps to Take After Experiencing a Catastrophic Injury
After a car accident, there are several steps that should be taken to help ensure that all people remain safe and to hold the responsible parties accountable.
If you have specific legal questions on catastrophic injuries resulting from a car accident, you should contact a catastrophic injury attorney in Kansas City directly for guidance.
After the Accident
Immediately following an accident, call 911 and report the crash. Seek a medical evaluation as quickly as possible. Not all injuries are obvious, so examinations are necessary, even if an individual feels physically fine. If the accident results in a catastrophic injury, receiving prompt treatment is essential.
If possible, take steps to secure the scene. This can involve moving vehicles to a safe location to prevent further accidents. When circumstances allow, exchange information with other parties involved—collect insurance information, license plate numbers, and contact details. If it is safe to do so, take photos of the accident scene, damage to vehicles, and any visible injuries.
Contact a Catastrophic Injury Attorney
Catastrophic injury litigation is both complex and challenging, requiring the support of an experienced attorney to handle the case effectively. Just as doctors specialize in specific areas of medicine, attorneys also focus on particular fields of law.
It is crucial to seek guidance from a law firm with a proven track record in handling complex cases involving catastrophic injuries to ensure the litigation process is as effective as possible. An experienced accident attorney will be able to:
- Determine who is responsible for the accident
- Help calculate and prove damages
- Handle the nuances of dealing with insurance companies
- Pursuing the claim through complex litigation
If the other driver’s insurance company reaches out, avoid accepting any settlement offers, giving any statements, or signing anything before consulting with a lawyer.
Contact Bartimus Frickleton Robertson Rader for a Catastrophic Injury Attorney in Kansas City
Recovering from a catastrophic injury sustained in a car accident can be a long and challenging journey, and reaching out to a professional attorney can help to ensure you don’t have to face it alone.
Bartimus Frickleton Robertson Rader is a trusted leader in catastrophic injury law in the Kansas City area. Our team is dedicated to providing clear answers, ensuring accountability, and securing justice for car accident victims. To connect with an attorney, use our virtual case tool or call our office at (913) 266-2300 to speak with a member of our team today.
The above is not intended to be legal advice. Each individual case is different and must be analyzed on its own set of facts and circumstances. If you believe you may have a case, it is critically important that you timely contact a lawyer to ensure your rights are protected.
