Start your fast recovery journey and get compensation for your catastrophic injuries
In just a snap, catastrophic injuries can relatively change how you live. You will experience changes and difficulties in almost all of your daily activities. Talk to a catastrophic injury attorney in Wheeling, WV, when you suffer from serious bodily injuries due to someone else’s negligence that will take months to recover fully. If you need assistance after suffering from such, consult an experienced personal injury attorney.
When you are suffering financially and physically due to catastrophic injury, Ghaphery Law Offices, PLLC, is just one call away. Our catastrophic injury lawyer can help you learn about treatment options and understand what you can do to get the compensation you deserve. We focus on your specific needs by providing personalized legal services. Get a free initial consultation now!
What is a Catastrophic Injury?
A catastrophic injury is a severe and often permanent injury resulting in a long-term impact on a person’s life, such as a traumatic brain injury, spinal cord injury, amputation, severe burn injury, or other disabling conditions. These injuries often require extensive medical treatment, ongoing care, and rehabilitation and can significantly impact a person’s ability to work, perform daily activities, and maintain their quality of life.
What Determines a Catastrophic Injury?
Various accidents and events can cause catastrophic injuries. The injury’s severity is determined by the type of accident, the force of the impact, and the location of the injury.
Some common factors that can determine a catastrophic injury include:
- The type of accident: Certain accidents, such as car crashes, motorcycle accidents, and falls from great heights, can cause catastrophic injuries due to the high impact and force involved.
- The location of the injury: Catastrophic injuries affect the brain, spinal cord, or major organs. These injuries can cause permanent disability, paralysis, or death.
- The force of the impact: In accidents involving high velocity or force, such as a car crash or a fall from a height, the likelihood of catastrophic injury is much higher.
- The age and health of the victim: Older individuals or those with pre-existing medical conditions may be more susceptible to catastrophic injuries due to the increased risk of complications and slower healing times.
- The speed at which emergency medical care is received: Prompt and effective medical care can help prevent catastrophic injuries from becoming even more severe or life-threatening.
Types of Catastrophic Injuries
There are several types of catastrophic injuries, including:
- Traumatic brain injuries (TBI): This type of injury occurs when the brain suffers a blow or jolt to the head, leading to temporary or permanent damage to brain function.
- Spinal cord injuries (SCI): SCI happens when there is damage to the spinal cord, leading to partial or complete loss of function, sensation, or mobility below the level of injury.
- Amputations: This involves the loss of a limb or body part, either through surgical amputation or traumatic injury.
- Burn injuries: Severe burn injuries can cause extensive damage to the skin, muscles, and nerves, resulting in permanent disfigurement, scarring, and disability.
- Severe orthopedic injuries: This includes fractures, dislocations, and other injuries to the bones, joints, and connective tissues that can result in chronic pain, limited mobility, and long-term disability.
These injuries can be life-changing and require lengthy medical care, ongoing rehabilitation, and long-term support to manage their effects.
Common Causes of Catastrophic Injury Cases
Here are some common causes of catastrophic injury cases in Wheeling, West Virginia:
- Motor vehicle accidents: Motor vehicle accidents, including car, truck, and motorcycle accidents, are a common cause of catastrophic injuries. These injuries may include traumatic brain injuries, spinal cord injuries, and severe burns.
- Workplace accidents: Workplace accidents, such as construction accidents, industrial accidents, and slip and fall accidents, can cause catastrophic injuries such as amputations, head injuries, and paralysis.
- Medical malpractice: Medical malpractice, such as surgical errors, misdiagnosis, or medication errors, can result in catastrophic injuries such as brain damage, paralysis, or loss of limbs.
- Defective products: Defective products, such as faulty machinery or defective consumer products, can cause catastrophic injuries such as burns, amputations, or traumatic brain injuries.
- Recreational accidents: Recreational accidents, such as boating accidents, amusement park accidents, or sports injuries, can cause catastrophic injuries, such as spinal cord injuries or traumatic brain injuries.
- Assault or violence: Assault or violence can result in catastrophic injuries such as traumatic brain injuries, spinal cord injuries, or disfigurement.
Understanding the common causes of catastrophic injury cases can help individuals take steps to prevent such injuries from occurring and get prepared to take legal action if necessary.
Compensation for Catastrophic Injuries
In Wheeling, WV, compensation for catastrophic injuries is determined by state law and can vary depending on the injury’s nature and severity. Victims of catastrophic injuries in West Virginia may be entitled to compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Future medical expenses
- Punitive damages
Working with a competent Wheeling catastrophic injury attorney is crucial to help you navigate the legal system, determine the full extent of damages and compensation available for your specific case, and help you recover the compensation you deserve.
Why Are Catastrophic Injury Claims Complex?
Catastrophic injury claims are complex for several reasons, including:
- High damages: Catastrophic injuries often result in great damages, such as medical expenses, lost wages, and long-term care needs. Calculating these damages requires a detailed analysis of the plaintiff’s current and future needs and the potential impact of the injury on their quality of life.
- Multiple parties involved: Catastrophic injury claims often involve different parties, such as insurance companies, healthcare providers, and government agencies. Each party may have its legal representation, making it more challenging to negotiate a settlement or litigate a case.
- Complex medical issues: Catastrophic injuries often involve complex medical concerns, such as traumatic brain injuries or spinal cord injuries. These injuries require specialized medical care and may have long-term effects that are difficult to predict.
- Emotional trauma: Catastrophic injuries can cause significant emotional trauma to the plaintiff and their family members. This emotional trauma may impact the plaintiff’s ability to participate in legal proceedings, such as depositions or court appearances.
- Legal complexity: Catastrophic injury claims involve complex legal issues, such as negligence, causation, and liability. These issues require a thorough understanding of the law and may require proficient witnesses to help prove the plaintiff’s case.
Catastrophic Injury Claim Filing Process
The catastrophic injury claim filing process in Wheeling, WV, is similar to the personal injury claim filing process but with some additional considerations due to the severity and complexity of catastrophic injuries. The process generally follows these steps:
- Seek immediate medical attention: The priority should be to obtain the necessary medical treatment and stabilize the victim’s condition.
- Contact an experienced catastrophic injury attorney
- Investigation: The attorney will thoroughly investigate the accident’s cause and identify all potentially liable parties.
- Preservation of evidence: The attorney will work to preserve and gather all available evidence related to the accident, including witness statements, medical records, and expert opinions.
- Filing a claim: The attorney will file a claim with the responsible party’s insurance company or companies.
- Settlement negotiation: The attorney will negotiate a settlement with the insurance company or companies to obtain the maximum compensation possible for the victim’s losses.
- Litigation: The attorney may file a lawsuit on behalf of the victim and litigate the case in court if a settlement cannot be reached.
- Trial and verdict: If the case goes to trial, a judge or jury will hear the evidence and decide on liability and damages.
- Appeals: Either party may appeal the verdict to a higher court.
The catastrophic injury claim filing process can be complicated and time-consuming. Working with a skilled attorney is essential to guide you through the process and ensure your rights are protected.
Basic Rules of Legal Responsibility in Catastrophic Injury Cases
In Wheeling, WV, the basic rules of legal responsibility in catastrophic injury cases are governed by the legal concept of negligence. To establish negligence, the plaintiff must prove the following elements:
- Duty of care: The defendant owed a duty of care to the plaintiff. This duty of care means that the defendant had a legal obligation to act reasonably and avoid causing harm to others.
- Breach of duty: The defendant breached the duty of care by failing to act reasonably or acting in a way that was likely to cause harm.
- Causation: The defendant’s breach of duty caused the plaintiff’s catastrophic injury. The plaintiff must show that the injury would not have occurred if the defendant had acted reasonably.
- Damages: The plaintiff suffered damages from the defendant’s breach of duty. In catastrophic injury cases, damages may include medical expenses, lost wages, pain and suffering, and future medical expenses.
In addition to negligence, some catastrophic injury cases may involve strict liability. Strict liability means the defendant is responsible for the plaintiff’s injuries regardless of fault or intent. Strict liability may apply in cases involving defective products, for example.
How Can Carelessness Affect My Claim?
If you were partially at fault for the catastrophic injury, your carelessness could affect your claim in several ways:
- Contributory negligence: In some states, if you are found to have contributed to the accident that caused your injury, you may not be able to recover any damages. However, in West Virginia, the legal doctrine of comparative negligence applies, which means your compensation may be reduced in proportion to your degree of fault.
- Reduction of damages: Your compensation may be reduced based on the degree of your fault. For example, if you were 50% at fault for the accident, your compensation may be reduced by 50%.
- Difficulty proving your case: It may be more galling to prove the defendant was also at fault if your carelessness contributed to the accident. The defendant may argue that their actions were the sole cause of the accident.
- Insurance coverage: If you were partially at fault, the defendant’s insurance company may argue that their policy only covers damages caused by their insured, not damages caused by the plaintiff’s negligence.
What is the Statute of Limitations for Personal Injury in West Virginia?
In West Virginia, the statute of limitations for personal injury cases is two years from the date of the injury or accident. This means you have two years from the date of your injury to file a lawsuit in civil court seeking compensation for your damages, such as medical bills, lost wages, and pain and suffering.
Remember that the statute of limitations can vary depending on the type of personal injury claim you are filing. For example, if you are filing a claim against a government entity, you may have a shorter period to take legal action. The statute of limitations may also be extended if the injury was not discovered until later.
Consult with a personal injury lawyer in West Virginia as soon as possible after an accident or injury to ensure you know your legal rights and options and file any necessary claims within the appropriate time frame.
Why Do I Need a Catastrophic Injury Attorney in Wheeling, WV?
Hiring a catastrophic injury attorney is not required when filing a claim indeed. However, it can increase your chances of maximizing the compensation that you will obtain. Whether your claim is too complicated to handle or not, you should not take on this rough journey alone.
At the very least, you should consult with a competent catastrophic injury lawyer who possesses the following qualities:
- Personalized Approach – When building a claim, remember that your situation is unique and your case deserves careful attention and diligence. Choose someone highly committed to looking at the specifics of your case to provide a personalized approach.
- Prioritizes You – Choose a catastrophic injury attorney who will prioritize your needs. When dealing with a catastrophic injury, you will inevitably be unsure of the other steps you need to take. Look for someone willing to guide you through the complex process step by step.
- Strongly- Dedicated – It is valuable to find a skilled catastrophic injury lawyer who will thoroughly investigate and hold the responsible party accountable for the harm they caused you. Look for an attorney committed to helping people obtain the fair compensation they are entitled to.
Choosing Ghaphery Law Offices, PLLC will help you save time, money, and effort when suffering from catastrophic injury. You need an attorney who can provide a personalized approach to performing legal services. Our legal team has helped hundreds of individuals over the years. If you need assistance, begin your journey with us today.
Call our Catastrophic Injury Attorney in Wheeling, WV, Now!
Hiring a catastrophic injury attorney is necessary due to the legal complexities involved. It is usually challenging for an individual to navigate the entire process alone because the laws and procedures are not easy to deal with. Do not face this problem alone. Our skilled personal injury attorney is the one that you can rely on.
We personalize our approach to meet your specific needs. With their knowledge, experience, and competence, our legal team has assisted thousands of individuals in West Virginia in obtaining rightful compensation.
Aside from catastrophic injury, our personal injury law firm can help you with car accidents, dog bites, product liability, wrongful death, and more! If you need assistance, call our personal injury attorney now.