While most injuries that Arizona residents sustain in accidents will heal completely given time and proper medical treatment, some injuries are unfortunately so severe that they will result in permanent and debilitating harm. When this sort of injury occurs specifically due to another person’s negligence, the process of demanding civil compensation from them becomes less about restoring the injured person to their pre-accident condition and more about minimizing the impact their disability or disfigurement will have on the entire rest of their life.
Put simply, catastrophic injury claims are exceptionally complex and have especially high stakes even by the usual standards of personal injury litigation, and anyone who wants a favorable result from a claim of this nature will almost certainly need help from a personal injury attorney uniquely experienced with handling them. Fortunately, there is assistance available from a Tolleson catastrophic injury lawyer at Phillips Law Group, a law firm with more than 30 years helping community members just like you through situations like this.
What Makes a Personal Injury “Catastrophic?”
The term “catastrophic injury” does not have a formal legal definition in Arizona, but legal professionals and court authorities generally understand it to mean an injury that results in significant physical or cognitive disability and that will last for the rest of the injured person’s life or directly result in their premature death. Common examples of injuries that meet these criteria include:
- Severe brain damage
- Severe internal organ trauma
- Spinal cord damage resulting in paralysis
- Any injury resulting in blindness or deafness
- Any injury resulting in the loss or amputation of a limb
- High-degree burns resulting in permanent scarring or nerve damage
The value of defining an injury as “catastrophic” has less to do with simplifying the process of filing suit over it and more to do with emphasizing to a civil court or parties involved in private settlement negotiations what kinds of losses the injured person must recover for. For example, someone who becomes paralyzed below the neck in an auto accident will certainly have expensive medical bills to deal with, but they may also be rendered permanently unable to return to their pre-accident job or hold any gainful employment whatsoever, meaning they would need to recover for loss of future earnings and earning ability.
Other damages that may factor into a claim like this range from long-term medical and physical therapy bills, to the costs of home modifications and assistive equipment like wheelchairs, to various forms of physical pain and psychological suffering. A Tolleson catastrophic injury attorney can provide vital assistance with building a strong and comprehensive claim tailored to an injured person’s unique needs and circumstances.
Navigating Obstacles to Successful Civil Recovery
Legal counsel can also play a key role in avoiding common procedural stumbling blocks that could otherwise impede the civil litigation process over a catastrophic injury. Perhaps most notably, those who experience catastrophic injuries are still subject to the two-year filing deadline applicable to almost all other personal injury claims, and constructing a winning case within that time period can be virtually impossible without professional legal support.
Additionally, it may be necessary to fight back against allegations of “comparative fault” — in other words, accusations that an injured person holds part of the blame for causing their own injuries through their own misconduct. As a seasoned Tolleson attorney can further explain, any amount of “comparative fault” assigned by the court to an injured person will generally result in that person’s damage award being reduced in proportion to their share of total responsibility for the catastrophic event.
Discuss Your Legal Options With a Tolleson Catastrophic Injury Attorney
Catastrophic injuries result in life-altering physical, financial, and personal losses. Anyone who causes such severe harm through careless action or inaction should be held legally accountable. However, injury claims can be difficult for anyone to manage alone.
Fortunately, you do not have to navigate the process on your own, and you will have much better odds of securing a positive case result if you seek help from a skilled Tolleson catastrophic injury lawyer. Please call Phillips Law Group today to schedule a meeting with a member of our team. We can offer a free consultation to discuss your situation, and you are under no obligation to work with our firm after this initial evaluation. Contact us today to learn more!
Available 24/7