No one ever expects to be critically injured or suffer terrible damages in a catastrophic accident. The injuries victims sustain can have a profound impact on their lives. It is not unusual for accident survivors to find their lives turned upside down by massive medical bills, debilitating injuries, and severe emotional distress.
If this sounds like what you are going through, you may feel overwhelmed, exhausted, and worried about what the future may bring. Fortunately, you do not need to go through this difficult time alone. With the legal support of a top-rated Garden Grove catastrophic injury lawyer from Text Kevin Accident Attorneys, you can fight for Justice and the fair compensation that is rightfully yours.
While you learn to cope with any permanent disabilities, figure out how to cover your outstanding expenses, and start to try and move forward with your life, our team can handle the legalities. Your Garden Grove personal injury attorney at our firm will work tirelessly to build the strongest case possible, identify the at-fault party, and make them pay. Contact our law office to schedule your free consultation today and learn more about what your next steps should be.
Which Injuries Are Considered “Catastrophic”?
Far too many injury victims do not get the legal help they need. This is often because they are worried that their cases will not be taken seriously or that their injuries will not be considered “serious enough” to warrant a personal injury claim.
On the contrary, any injury that makes it impossible for you to live your life normally could be considered catastrophic. If your injuries are so severe that you are unable to continue working, complete daily living activities unassisted, or develop severe emotional distress or clinical depression, your injuries may certainly be catastrophic. Our clients have suffered a wide array of catastrophic injuries, including:
- Burn injuries
- Traumatic brain injuries
- Loss of limbs
- Paralysis
- Hip and knee injuries
- Dental injuries and broken jaws
- Spinal cord injuries
- Whiplash and other soft tissue injuries
- Neck injuries
- Facial trauma
- Post-traumatic stress disorder (PTSD)
- Internal bleeding and organ damage
Keep in mind that it is the severity of your catastrophic injuries that will determine whether you have grounds for a legal claim and how much compensation you could be awarded. The severity of your injuries is subjective. Your catastrophic injury lawyer from Text Kevin Accident Attorneys can review the specific details of your case to determine which legal options are available to you and how much you should demand in your insurance claim and personal injury lawsuit.
Common Accidents That Cause Catastrophic Injuries
Nearly any type of accident could cause a catastrophic injury. However, in our experience, most catastrophic injuries occur in the following types of accidents:
- Motor vehicle accidents
- Premises liability accidents
- Work accidents
- Medical malpractice
Motor Vehicle Accidents
Motor vehicle wrecks can include nearly any type of vehicle. Some of the most common types of motor vehicle collisions our clients have reported include:
- Car accidents
- Cargo truck accidents
- Commercial truck accidents
- Motorcycle accidents
- Rideshare accidents
- Reckless driving accidents
- Bicycle accidents
- Pedestrian accidents
- Drunk driving accidents
- Distracted driving accidents
- Uber accidents
- Taxi accidents
- Bus accidents
- Electric scooter accidents
Many motor vehicle collisions are caused by negligent driving. This includes any type of unsafe driving behaviors, including distracted, drunk, drowsy, drugged, or aggressive driving. Irresponsible drivers, government agencies, dram shops in violation of California Business and Professions Code 25602.1, auto parts manufacturers, and other third parties could all share culpability.
Premises Liability Accidents
Premises liability accidents can include any type of injury that occurs on private or public property. When you suffer an injury on someone else’s property, and your injuries are caused by the property owner’s failure to maintain the premises or warn patrons of potential safety hazards, they can be held accountable for your damages. Some examples of premises liability accidents could include:
- Swimming pool accidents
- Dog bites and animal attacks
- Slip and fall accidents
- Negligent security incidents
- Stair and ladder accidents
- Construction site accidents
- Trampoline accidents
- Parking lot accidents
- Grocery store accidents
Work Accidents
Work-related accidents can occur no matter what industry you are in. However, some lines of work see more work injuries than others, including construction, logging, agricultural work, and transportation. If you are injured while working, you may be entitled to Workers’ Compensation benefits per California Department of Industrial Relations.
You may forfeit your right to file a personal injury claim against your employer if you are collecting workers’ comp. However, if another third party is responsible for causing your injuries, you can still sue them while receiving workers’ compensation benefits.
Medical Malpractice
If your healthcare provider’s medical mistake or error caused your catastrophic injuries, filing a medical malpractice lawsuit against them may be in your best interests. Medical mistakes and negligence can come in many forms, including:
- Birth injuries
- Failure to treat
- Misdiagnosis
- Failure to provide follow-up care
- Surgical mistakes
- Anesthesia errors
- Missed diagnosis
- Maternal birth injuries
- Prescription drug mistakes
- Medical device malfunctions
Can I Still File A Claim If I am Partly At Fault For The Accident?
You can, and you should. California is a pure comparative fault state, so sharing liability for the catastrophic injuries you have suffered will not prevent you from recovering compensation for your losses unless you are 100% responsible for causing the accident.
Under California Civil Code 1714, if you share partial blame for causing the accident or your subsequent injuries, your injury settlement will reflect a partial fault deduction. The exact amount that will be taken out of your settlement will be based on your percentage of blame. For example, if your catastrophic injuries were caused by a motorcycle accident, the defendant might accuse you of sharing fault for your injuries since you were not wearing a motorcycle helmet at the time of the accident.
California has a mandatory motorcycle helmet law, under California Vehicle Code Section 27803, where failure to wear a helmet could lead the judge to believe you had little regard for your own safety or well-being. They may determine that you are 25% at fault for your road rash and traumatic brain injuries.
This would mean you could only recover 75% of your settlement. Since sharing blame can have such a significant impact on the amount of compensation you recover, you need to be able to rely on your catastrophic injury lawyer’s investigation which will ensure the defendant’s culpability is established undeniably.
How do lump sum settlements work?
A lump sum settlement is the insurance company’s way of avoiding future financial liability. The insurance company may contact you and offer you a lump sum settlement, where they are essentially offering you a payout in exchange for absolving them from covering any future expenses that may arise as a result of your catastrophic injuries. Insurance companies will often do this when they see the actual value of your damages and want to protect their financial interests. The worst part is that you may be tempted to accept the settlement offer because you are struggling financially and in desperate need of support.
We strongly encourage our clients to review all potential settlement offers with our legal team before accepting. The insurance settlement offer may come with stipulations that are not in your best interests. If the insurance company is trying to take advantage of you during one of the most challenging times in your life, we are not afraid to show them you mean business.
We will be ready to challenge the lump sum settlement offer and renegotiate the terms so the insurer is held accountable to their contractual obligations.
Garden Grove Catastrophic Injury FAQs
The statute of limitations for California personal injury lawsuits, including catastrophic injury claims, is generally two years per California Code of Civil Procedure § 335.1. While taking legal action after you have suffered a traumatic injury may seem like the last thing you want to do, the sooner you get started, the greater your chances of maximizing your compensation.
If you wait too long to hire a catastrophic injury attorney, we may not have enough time to build the strongest case possible. You only have two years from the accident date to file your suit, and much of the most powerful evidence will only be available for a limited amount of time. We see this most often in cases where the accident itself was caught on video. We need to be able to collect that video data before it is overwritten or deleted.
If your lawsuit is not filed before the statute of limitations deadline, you can expect the judge to refuse to move your case forward to trial. However, if you have a minor child who suffered a catastrophic injury, you did not receive your catastrophic injury diagnosis until days or weeks after the accident, or the liable party is not in the state, the statute of limitations could be temporarily paused. This is known as tolling the statute of limitations. The countdown will only resume when you discover or should have discovered your injuries, your minor child reaches the age of 18, or the at-fault party comes back to California.
When you are struggling financially after enduring a catastrophic injury, you may not be able to afford to hire a lawyer on an hourly rate or put down thousands of dollars in retainer fees. Text Kevin Accident Attorneys recognizes how difficult this time in your life life is and is willing to work with you on contingency. When you hire a Garden Grove catastrophic injury lawyer from our firm on contingency, we will only be paid if we win. There are no legal fees if we do not recover compensation for your damages.
We will pay for all court filing expenses, investigation efforts, and other costs that come up as we build your case against the liable party. Then, when we win, our attorney’s fees will be deducted from your settlement award. The complexity of your case will determine your contingency fee rates. Since our contingency agreements are in line with Rule 1.5 Fees for Legal Services by the State Bar of California, you can expect your rate to be somewhere around 20% to 40% of whatever you win.
Getting medical attention immediately after your accident is essential. While many catastrophic injury victims require immediate transportation to the nearest emergency room, others may not realize the severity of the injuries they sustain until their condition rapidly worsens.
For this reason, we strongly encourage you to call an ambulance and go to the nearest ER, or urgent care facility, or schedule an emergency medical evaluation with your primary care physician. Here are some local healthcare providers who may be able to help near Garden Grove:
Garden Grove Hospital and Medical Center
12601 Garden Grove Blvd
Garden Grove, CA
Open 24 hours
Santa Ana Hospital Medical Center
1901 N Fairview St
Santa Ana, CA
92706
West Anaheim Medical Center
3033 W Orange Ave
Anaheim, CA
Emergency room open 24 hours
UCI Medical Center
101 The City Dr S
Orange, CA
92868
Providence St. Joseph Hospital Orange
1100 W Stewart Dr
Orange, CA
92868
Get Help From a Premier Catastrophic Injury Lawyer in Garden Grove Today
Virtually every aspect of your life may be affected by the trauma of your catastrophic injuries. The liable party should be compelled to compensate you for the total value of your damages so you have your best opportunity to put this traumatic experience behind you. If you get stuck covering the costs or find yourself in dire financial straits due to someone else’s negligence, It may be difficult or impossible for you to get back to your life.
A high-powered Garden Grove catastrophic injury attorney from Text Kevin Accident Attorneys is here to advocate for your right to maximum compensation and ensure all parties who share liability for your damages are brought to justice. When you are ready to fight for the settlement you deserve, do not hesitate to connect with our catastrophic injury lawyers. Our team offers 100% free consultations to injury victims and accident survivors across Garden Grove and nearby communities. Claim yours by completing our online contact form or calling our office today.
