10 Tips for Filing a Catastrophic Injury Lawsuit

People who have suffered a catastrophic injury after a major accident may seek legal action to hold the responsible party accountable with a catastrophic injury claim. When filing a catastrophic injury lawsuit, there are tips you should keep in mind to make sure everything is covered. Appropriate planning and organization can help you and your catastrophic injury attorney build a strong case for your personal injury claim.

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Kyle Bachus is one of the founding partners of the Colorado law firm, Bachus & Schanker, LLC. He provides exceptional advocacy and support to clients throughout the state and across the country who have serious, pressing, and complex legal issues. Kyle has also been recognized as an AV-rated attorney and “pre-eminent lawyer,” the highest rating assigned to individual attorneys by Martindal...

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UPDATED: Jun 30, 2021

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Overview

  • Victims of catastrophic injuries from an accident may file a catastrophic injury lawsuit to get compensation for their injuries
  • When filing a lawsuit, it’s important to preserve evidence and fully value your claim
  • A catastrophic injury attorney can help you through the lawsuit process and make sure to build a strong case on your behalf

Suffering a catastrophic injury due to an accident can be devastating for victims and their loved ones. It can change the way a person is able to function, earn a living, and provide for their family.

A brain injury, spinal cord injury, traumatic birth injury, and permanent disfigurement are all considered catastrophic injuries. With everything that comes after a major accident and life-changing injury, it’s almost impossible to deal with legal issues on your own when filing a catastrophic injury lawsuit.

Victims of catastrophic injuries deserve compensation for their damages and to hold the responsible party accountable for their negligence. Personal injury law and claiming financial compensation in a lawsuit can be overwhelming to those who do not have any experience.

When you need compensation after a tragic accident, you should consider working with a specialized catastrophic injury attorney to help you get justice.

Before you read about the steps you need to take to file a catastrophic injury lawsuit, enter your ZIP code into our free tool to find an auto accident injury lawyer near you.

Read on to see expert tips for filing an injury claim after your major accident.

Things to Do Before Filing a Catastrophic Injury Lawsuit

There are a lot of things that need to happen before you even file your catastrophic injury claim. You want to make sure you have everything in order before you start the legal process to give you the best chance of recovering all you can for your damages after an accident.

With catastrophic injuries, in particular, you may need long-term medical care or ongoing rehabilitation to treat permanent injuries. To claim compensation for this, you’ll need solid evidence and a strong case.

Things you’ll need to do as you prepare to file your catastrophic injury lawsuit include:

  • Organize your case documents
  • Collect evidence to support your case
  • Connect with witnesses for statements
  • Contact expert witnesses who can support your claim
  • Create a calendar system and plan in advance for a realistic timeline
  • Build up your support network

It’s also important that you understand your legal rights after suffering a personal injury.

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Tips to File a Catastrophic Injury Claim

To help make the legal filing process less hectic and overwhelming for you, follow these expert tips to use when you have to file a catastrophic injury lawsuit:

#1 – Preserve Evidence

After a catastrophic injury, your legal team will immediately get to work to investigate your claim, identify the responsible party, and, most importantly, preserve evidence. In order to support your claim for compensation, you must be able to provide a clear description of what happened, when and where it happened, and why the accident took place.

These things are all based on evidence, which may include expert witness statements, images from the accident scene, documents, or more. You’ll also need to produce medical bills and letters from the insurance companies if you plan to include these in your claim.

#2 – Get Medical Treatment

It’s essential that you seek medical treatment after a catastrophic injury. Not only is it necessary for your health and future wellbeing, but it’s also needed to prove your injuries were a result of the accident.

In order to connect the accident with your injuries, you’ll need medical assistance right away. Even if you feel fine or don’t believe you need to see a medical professional immediately following an accident, you should always seek treatment.

#3 – Fully Value Your Legal Claim

When claiming compensation for your injuries and suffering, it’s vital that you look at all the damages that occurred as a result of the accident. It’s easy to overlook things if you don’t have a legal background or experience filing a claim.

Also, it can be overwhelming to thoroughly value your claim on your own when you’re still recovering from a catastrophic injury. Remember, catastrophic injury claims can be substantial when you add up all the damages a victim has suffered.

You won’t have another chance to add more to your claim after it is settled, so be sure to value your injury claim carefully. If you are not sure, make sure to ask your lawyer what your injury claim is worth.

#4 – Don’t Get Ahead of Yourself

A catastrophic injury is life-changing. However, the long-term effects of the injury may not be known right away. With brain injuries or other debilitating injuries, it may take some time to understand the full extent of the damage. Don’t try to rush through the claims process in order to get some financial relief. It’s always better to present a complete case to claim compensation for all your damages—present and future.

#5 – Be Prepared to Combat a Low Settlement

It might be tempting to accept a settlement offer simply because you think you need financial relief. However, many insurance companies or at-fault parties try to offer less than you truly deserve and hope you’ll take the bait.

If you know the value of your case, you’ll know what you deserve based on evidence. That way, you can easily reject a settlement by knowing you are owed more. A catastrophic injury attorney can help you through this process.

#6 – Always Factor In Future Damages

Again, it’s crucial that you don’t sell yourself short when filing a catastrophic injury claim. Victims often need long-term or permanent medical care as a result of their injuries.

Working with an experienced lawyer and trusted medical experts will help you understand what kind of care may be needed in the future.

You should always include these costs in your claim for compensation to help you and your family get the support you need.

#7 – Build Your Case the Right Way

Starting from the beginning, your lawyer will gather evidence and investigate leads to build a strong case on your behalf. The stronger your case, the more likely you’ll receive the maximum amount for your damages. Whether your case goes to trial or not, it’s essential to build your case the right way for a successful outcome.

#8 – Don’t Wait Too Long to File Your Claim

Although you want to take your time to prepare and file your claim in the proper way, you also don’t want to wait too long. A statute of limitation applies to all legal claims. If you are not sure, ask your lawyer “How long can I wait before I file a lawsuit?

Once the statute of limitation expires, you will no longer be able to bring your claim for compensation. Consult with an attorney to find out what time limits apply to your case.

#9 – Stay Off Social Media

After suffering a catastrophic injury, the last thing you want to do is have your social media profiles tell a different story. If you’re trying to claim compensation for devastating injuries, pain, and suffering, it’s best to stay off social media so you don’t risk ruining your case completely.

#10 – Make a Good Impression

You should always put your best foot forward when filing a legal claim. Have all your documents completed, signed, and ready to go. If your case does go to trial, take into account that there may be a jury who will decide the outcome. Working with a personal injury attorney will help you make a good impression on the people that matter most throughout the case.

Work With a Catastrophic Injury Attorney

As you can see, there are a lot of things to think about when filing a catastrophic injury lawsuit settlement. Working with an experienced attorney will ensure you get through all the necessary steps and claim the full compensation you deserve.

A lawyer can help build a solid case based on evidence and facts to put you in the best position to receive the maximum settlement for your damages, which may include medical bills, rehabilitation costs, transportation, lost wages, and pain and suffering.

Now that you’ve learned about what steps you need to take in filing a catastrophic lawsuit, use our free tool below to find a lawyer in your area to help you with your major injury lawsuit.

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