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Frequently Asked Questions
Regarding Catastrophic Injury Claims

Category: Generally

What is a Catastrophic Injury?
A catastrophic injury is an injury that results in death or major bodily injury, such as occurs when a victim is left with a permanent, disabling injury. An injury that has required an extended hospital stay and/or a number of surgeries may also be a catastrophic injury. Catastrophic injuries usually result in the inability of the accident victim to work for an extended period. In choosing an attorney, the accident victim or the victim's family should take great care to ensure that the attorneys they choose is willing to devote the necessary and sometimes substantial time and financial resources at their disposal.

How is the claim different?
Because catastrophic injuries may involve the future payment of significant money damages if others were at fault in causing a catastrophic injury, the catastrophic injury case differs in two significant ways. First, it is essential that the victim or the victim's family act promptly to secure competent legal representation. This is particularly important because time is of the essence in many of these cases given the gravity of the injuries involved. Second, it is also important that the attorney handling the catastrophic injury case shows a willingness to devote the significant resources that may be necessary to properly build the case. The bigger the case, the more time and financial resources that the attorney must devote to that case. In choosing an attorney, great care should be taken to insure that the attorney is one capable of handling the catastrophic injury case.

How to Choose the Right Attorney
First and foremost, you should look for an attorney that truly wants the catastrophic injury case. Every attorney will tell you that he is ready to go to work for you on your catastrophic injury case. But is he ready to devote the substantial time and financial resources that may be necessary? There is nothing wrong with interviewing the catastrophic injury lawyer to make sure he is right for you and is ready to work hard on your case.

Category: Types of catastrophic accidents

Collisions with Trucks
There are over 400,000 truck-related collisions in the United States annually, causing approximately 100,000 injuries and 5,000 deaths. This is not at all surprising when you consider that the average tractor-trailer is 60 to 75 feet long and weighs up to 80,000 lbs. The operations of trucking companies are highly regulated by the Federal Motor Carrier Safety Regulations. These regulations require them to maintain detailed records of their trucking operations, records which may show violations of Federal and State law, violations that may have even contributed to cause your accident. For example, trucking companies must ensure 1) the weight and length of their trucks meet Federal Regulations; 2) their truck brakes are properly maintained; and that 3) their truck drivers do not exceed work hour limitations. The trucking company's records may show that the vehicle was too heavy, the braking system had not been recently inspected, or the truck driver had been driving for too long that day. However, the trucking company must maintain these records for only so long, and thus, it is important that the investigation of a collision with a truck begin promptly.

Motorcycle Accidents
By law, automobile drivers are obligated to see that which is present to be seen. Nevertheless, automobile drivers often fail to see motorcycles. For that reason, statistics show that 7 out of 10 accidents that involve a collision between a motorcycle and an automobile are the fault of the automobile driver. Because motorcyclists sometimes receive serious injury as a result of collisions with automobiles, it is very important that every motorcyclist obtain uninsured motorist coverage, obtaining the highest possible limits.

Uninsured motorist insurance coverage allows the injured person to make a claim against his or her own policy for the value of the claim when the person driving the other vehicle is uninsured. Furthermore, underinsured motorist coverage allows the motorcycle operator to make a claim against the policy when the other driver's liability insurance coverage is inadequate to cover the claim.

Motorcyclists sometime receive injuries that demand compensation in the hundreds of thousands of dollars. Automobile operators rarely carry liability coverage in that amount. In fact, most automobile operators carry liability coverage of $25,000.00 to $50,000.00. This is why it is so important that all motorcycle operators obtain uninsured and underinsured motorist coverage. It is not that expensive and it provides a lot of financial protection for the motorcycle operator.

Defective Products
The manufacturers and distributors of the products that we purchase for use in our lives are required to ensure that their products are safe. When products are distributed in a defective condition, the manufacturer or distributor of the product may be liable to pay money damages for injuries caused as a result of that defective condition in the product.

Manufacturers and distributors are responsible for the injuries that they cause as a result of the distribution of a defective product. A product can be defective in one of three ways. The first and perhaps most common defect is a defect in the labeling and packaging of a product, where the manufacturer has failed to appropriately warn the user as to the potential dangers of the product. The second type of defective product that we see quite often is a product that has a defective design. In a defective design case, the product has reached the purchaser in its normal and expected condition, but is unreasonably dangerous because the manufacturer failed to design a sufficiently safe product. With regard to appropriate designs, Indiana Law requires a manufacturer to utilize the safest design that is technologically feasible under the circumstances. Finally, the third type of defect in a product, and indeed one that is not seen all too often, is a manufacturing defect. This occurs when the product was not manufactured consistent with the design, and is indeed unique in its condition. In other words, the product that reached the consumer was not in its expected or intended condition.

In summary, a product may be defective if it has been insufficiently labeled and packaged in terms of warning, or if it has been improperly manufactured, or if it has been defectively designed.

Fires
Property owners are obligated to take reasonable measures to prevent fires from occurring, spreading and causing injury. For example, owners of commercial apartment complexes are obligated to provide tenants with fire extinguishers, and to equip the apartment buildings with fire alarms and sprinkler systems if it was reasonably necessary to do so. Fires can sometimes cause horrible burn injuries and of course death. If you or someone you know has sustained severe or debilitating burn injuries, counsel them to seek competent legal representation promptly so that an appropriate investigation of the occurrence can be initiated

Category: Types of Catastrophic Injury

Wrongful Death
Wrongful death claims are governed by the Indiana Wrongful Death statute. In Indiana, we operate under what is called a survivor statute under which the decedent's spouse or dependants can recover money damages for the loss of a loved one. There is no cap or maximum amount that would otherwise limit this recovery. Additionally, if the decedent did not leave behind a spouse or dependant child, certain other next-of-kin may maintain a claim for the loss of a loved one, and may generally recover up to $300,000.00. The elements of damage that may be recovered in a wrongful death claim include the loss of the decedent's income, the loss of the decedent's love and affection, marital relationship, companionship, and particularly for children, the decedent's care and attention, training, guidance and support. Though the pain and anguish that the survivors always experience after such an event is not technically recoverable, often times juries do not understand the distinction, and award it anyway. Because wrongful death claims usually involve the potential for substantial recovery, the family of a person who has died as a result of accidental injury should promptly obtain competent legal representation.

Paralysis
Paralysis is probably the most devastating and most catastrophic type of personal injury. A personal injury case that involves a catastrophic injury of this nature demands the utmost of perseverance and dedication from the attorney. Paralysis demands significant compensation for the future loss of earnings, permanent inability to function as a whole person and the significant pain and emotional suffering that results from the occurrence and the catastrophic injury. A claim that involves paralysis of any nature is always a very, very significant claim that demands the utmost of the attorney's time and financial resources. In choosing an attorney, the accident victim or the victim's family should take great care to ensure that the attorney that they interview for their case is willing to put his time and financial resources at their disposal

Amputations
Amputations and paralysis are perhaps the most traumatic injuries that one can suffer because it will affect the victim for the rest of their life in the most profound of ways. Victims of accidental amputation are likely to experience dramatic future medical care costs, and these ongoing expenses can be enormous. If an amputation is the result of someone else's negligence, you have the right to seek damages for the loss of your limb. These damages may include payment for the substantial physical pain and emotional suffering that you have experienced, your medical expenses both in the past, present and the future, lost wages and loss of earnings capacity, as well as significant compensation for the loss of ability to function as a whole person; in other words, the permanent injury itself. Once it has been established that the defendant is responsible for your injury, how much you will receive will depend to a great extent upon not only the specific aspects of your case, but also the defendant's ability to pay. Sometimes, fault is directly linked to the actions of some corporate entity that is responsible for your injuries. Furthermore, juries typically feel great compassion for the victim of a burn injury, and for that reason, these cases are often settled short of litigation.

Burns & Disfigurement
Burns and Disfigurement can result from a number of different kinds of accidental injury. Defective products can cause burns. Property owner's failure to equip their property with fire extinguishers, fire alarms and water sprinklers can result in unnecessary fires and serious burn injuries. Disfigurement itself can result from almost any kind of accidental injury. Victims of burns and disfigurement are entitled to recovery for physical pain and emotional suffering as well as the medical expenses incurred as a result of the injury. More importantly, such victims are also entitled to compensation for future medical expenses that may be necessary to cosmetically attempt to restore the burned or disfigured body part to its natural state. This may involve expensive skin grafts, laser surgeries, dermabrasions and other hospitalized treatment modalities. Such victims are entitled not only to the future cost of such treatment but also, all the attendant physical pain and emotional anguish that he or she is likely to suffer. Perhaps most significantly, the victim of burn injuries and disfigurement is entitled to proper compensation for the permanent and lasting effect of the condition. Burns or disfigurement to the face or limbs often result in a loss of self-esteem and confidence.

Other Injuries Causing Permanent Disability
When the accident victim sustains a permanent injury or disability, he or she is entitled to appropriate compensation. This requires the placement of a monetary value on the loss of the ability to perform daily activities or job related duties, and often requires the personal injury attorney to retain the services of a vocational expert and/or economic expert to place a definitive value upon this loss. When the accident has resulted in permanent impairment or disability, it is important that the accident victim act promptly to obtain competent legal representation.