Of all the accidental injuries one can suffer, catastrophic injuries are among the worst. This type of injury generally involves damage to the brain or spinal cord but can involve any type of injury that severely limits an individual’s ability to perform work or personal care tasks independently.
If you have suffered a catastrophic injury as a result of the reckless or careless actions of someone else, you can pursue compensation for your injury through a personal injury lawsuit. A Henderson catastrophic injury lawyer from Pacific West Injury Law can help you understand this process.
Catastrophic Accidents
There are a number of ways in which a catastrophic accident can occur. Many of these injuries are caused by traffic-related accidents, including those that involve passenger cars, rideshares, taxis, motorcycles, commercial trucks, bicycles, and pedestrians. The types of behaviors that lead to this sort of accident include:
- Drunk or drugged driving
- Driving too fast for conditions/Speeding
- Distracted driving
- Fatigued driving
- Wrong-way driving
- Aggressive driving or road rage
- Failure to yield
Damages You Can Recover
Following a catastrophic accident, Nevada allows victims to recover both economic and non-economic damages through the personal injury lawsuit process. These are known as compensatory damages, with the term “damage” meaning a payment made in compensation for harm done.
Common expenses recovered in economic damage claims include medical expenses, lost wages, loss of future earning capacity, and property damage. Non-economic damages are payments made in compensation for impacts to the sufferer’s quality of life, such as pain and suffering, or emotional distress.
In some cases, if the defendant’s actions that caused the accident were particularly reckless, punitive damages will also be available. There are caps on the amount of punitive damages that can be recovered through a personal injury claim, depending on the overall value of the claim.
Your Henderson catastrophic injury lawyer will advise you if there are punitive damages available in your case.
Establishing Liability
In order to have a successful outcome to your Henderson catastrophic injury case, you must prove that someone else is liable for the accident that caused your injury. Liability is a legal responsibility, and it is established by showing:
- The at-fault party owed you a duty of care. The duty of care is generally referred to as the way a reasonable person would react in similar circumstances. For example, for drivers, there is a duty of care owed to others on the roadway to operate the motor vehicle safely and legally.
- There was a breach in the duty of care. The breach refers to the actions the at-fault party took that were contrary to the duty of care that was owed.
- This breach caused the accident. This resulted in your catastrophic injury and associated expenses and impacts.
Work with an Experienced Catastrophic Injuries Attorney
Catastrophic injuries are tremendously complex and expensive. For example, a traumatic brain injury results in lifetime medical expenses alone of between $85,000 – $3 million, while impacting every facet of the sufferer’s life, including his or her ability to earn an income.
An experienced catastrophic injury attorney from Pacific West Injury Law understands not only the financial and emotional impacts that having a catastrophic injury causes, but that these impacts will last a lifetime.
For a free legal consultation with a catastrophic injury lawyer serving Henderson, call 702-602-HURT
What a Catastrophic Injury Lawyer Does
A catastrophic injury lawyer has education and experience both in the legal process of obtaining compensation as well as the complications that commonly face those who have suffered this type of injury.
There are a number of services that a catastrophic injury lawyer provides, all focused on helping a client to get the maximum amount of compensation available in their case.
Filing Your Claim
One of the important services your Henderson catastrophic injury lawyer will do is file your claim in the proper jurisdiction, within the statutory deadline for doing so. In Nevada, injured individuals must file a personal injury lawsuit within two years of the date on which the accident occurred.
However, in addition to filing your claim, there are a number of other services that your attorney will perform, such as:
- Determining all sources of liability and all insurance resources that can be accessed to compensate you.
- Establishing a value to your case based on the financial and quality-of-life impacts you have incurred as a result of your injury as well as those you will likely incur in the future.
- Gathering and organizing evidence and witness testimony pertaining to your case.
- Attempting to obtain a fair settlement offer from the at-fault party’s insurance company on your behalf.
- Attendance and representation at all pre-trial conferences and hearings in your case.
Maximizing Your Compensation
The vast majority of personal injury cases are resolved outside of the courtroom, many through settlements. While it is not unusual to receive a relatively quick settlement offer in a catastrophic injury case, receiving a fair settlement often takes time.
Your attorney will provide guidance throughout the process in order to help you make an informed decision as to whether the settlement offer you received is enough, negotiations should continue, or litigation is the best way to obtain fair compensation.
Whether your compensation is provided through a settlement or a court award, your catastrophic injury lawyer will assist you in collecting the funds.
Some of the issues that can impact the amount of money you can receive include:
- The amount of insurance the at-fault party has.
- The wages you were earning and your overall health at the time of your accident.
- Any liability that you had for the accident.
- Your patience in waiting for a fair settlement offer.
Henderson Catastrophic Injury Lawyer Near Me 702-602-HURT
Catastrophic Injury Lawyers in Henderson Are Here to Help
Let the experienced Henderson catastrophic injury attorneys from Pacific West Injury Law help you understand your legal options for obtaining compensation after a catastrophic injury. For a free case review, contact us online or by calling (702) 602-4878.
Call or text 702-602-HURT or complete a Free Case Evaluation form
