A catastrophic injury can be just that, catastrophic. Suffering this type of injury tends to turn your whole life upside down, as these injuries leave a lifelong impact. Between medical bills and adjusting to a new way of living, catastrophic injuries can be incredibly expensive. Recovering compensation from the liable party can be a critical step toward retaking control after an injury.
At Pacific West Injury Law, we are dedicated to helping catastrophic injury victims recover the money they need to rebuild their lives after an accident. Contact us by phone or through our online contact form today to learn more about how we can help you after a catastrophic injury.
Establishing Liability for a Catastrophic Injury
Before you can begin attempting to recover compensation for a catastrophic injury, you must first establish liability. Determining who is at fault is sometimes very simple. However, in many cases doing so can be incredibly challenging.
Fortunately, an experienced catastrophic injury lawyer can help you get to the bottom of things and figure out who is responsible for your damages.
The Process of Filing a Catastrophic Injury Lawsuit
When filing a catastrophic injury lawsuit, there are several steps to the process before you can recover compensation. Once you hire a catastrophic injury attorney, they will launch an independent investigation into your case to determine who is liable and gather evidence to support your claim.
Your attorney will then assess your damages, calculate the full value of your claim, and file the necessary paperwork with the court. After that, the pretrial process begins. The steps of the pretrial process include:
- Discovery
- Depositions
- Mediation
Discovery
During discovery, the two parties will share the evidence they have gathered. Doing so helps to create a fair trial where both sides are able to establish a response to all evidence presented without any surprises.
Depositions
At the end of the discovery phase, depositions will be given. Depositions are sworn testimony given by witnesses and parties in the accident. This testimony takes place outside of court and is recorded by a court stenographer. Legal counsel from both sides will be able to ask questions of the deponent, and the testimony can be used in court in specific situations.
Mediation
The last step before your case goes to trial will be mediation. During mediation, an independent third party will attempt to facilitate negotiations with the hope of finding common ground between the two parties and reaching a settlement deal.
Throughout every step of the pretrial process, your attorney will be in negotiations with opposing counsel, attempting to come to terms on a fair settlement agreement. If a deal is not reached by the end of mediation, your case will go to court, and your attorney will fight to get you the money you deserve at trial.
Damages You Can Recover After a Catastrophic Accident
After suffering a catastrophic injury, there are a wide variety of damages you will likely be eligible to recover. These damages are divided into three overarching categories.
Economic Damages
All of your losses that have a direct impact on your financial situation are considered economic damages. Common economic damages include:
- Property damage
- Home or vehicle modifications needed to accommodate a disability
- Lost wages
- Diminished earning ability
- Medical expenses
- Future medical bills
Non-Economic Damages
All other losses you suffer as a result of your injury are grouped together under the broad category of non-economic damages. Common non-economic damages include:
- Permanent disability
- Scarring and other disfigurements
- Loss of consortium
- Mental anguish
- Decreased quality of life
- Pain and suffering
Punitive Damages
While you will almost always be able to recover economic and non-economic damages after suffering a catastrophic injury, securing punitive damages is far less common. Punitive damages are a form of punishment for the at-fault party rather than a means of replacing any losses suffered by the victim.
Punitive damages are only awarded when the actions of the liable party are deemed to have been criminally negligent.
Catastrophic Injury Lawyers Charge a Results-Based Fee
Many people are hesitant to hire an attorney because they worry that doing so will be too expensive. However, this should not be a concern when it comes to hiring a catastrophic injury lawyer. Unlike many other types of lawyers who charge their clients a high hourly rate, you will only pay your attorney if they are able to get you compensation for your damages.
Upon hiring a catastrophic injury lawyer, you will agree to pay them a fixed percentage of the money you recover from the liable party. This is the only fee your attorney will collect, which means that if you don’t recover compensation, your lawyer doesn’t get paid.
This setup makes it so that anyone can afford to hire a catastrophic injury lawyer because you will never have to pay them out of pocket, as their fee will be taken directly from your compensation.
File Your Catastrophic Injury Lawsuit Before Time Runs Out
The statute of limitations for filing a catastrophic injury lawsuit in Nevada is generally two years. However, it may be possible to file after the two years have passed under certain circumstances. Alternatively, your particular situation may put you in a position where you have far less than two years to file a lawsuit.
The best way to ensure your lawsuit is filed on time is to hire a catastrophic injury lawyer as soon as possible after you get hurt. An experienced attorney will be able to identify if any special circumstances apply to your case and ensure that your lawsuit is filed before the deadline.
Contact a Catastrophic Injury Lawyer for a Free Case Review Today
At Pacific West Injury Law, we know just how essential recovering fair compensation can be after a catastrophic injury. Our team of Winchester catastrophic injury lawyers will work diligently to ensure you get the money you need to put your life back together. Give us a call or use our online contact form to schedule a free case review with a member of our team today.
