When you are involved in an accident that causes catastrophic injuries, your entire life could be affected. Not only will you have expensive medical bills, out-of-pocket costs, and likely need to take time off work while you recuperate, but you may also experience severe emotional distress that takes over your life. Any type of injury that has a profound and lasting impact on your life could be considered catastrophic. When someone else is responsible for causing these injuries, they should also be compelled to cover the full value of your damages. Unfortunately, far too many at-fault parties are unwilling to accept responsibility for their negligence.
You may need to enlist the service of a high-powered San Clemente catastrophic injury lawyer from Text Kevin Accident Attorneys. With nearly a decade of trial experience and millions of dollars recovered in trial verdicts and insurance settlements, you can rely on our team to fight tirelessly on your behalf. Your San Clemente personal injury attorney firm will safeguard your rights so you can get the most out of your claim. Contact our legal team to schedule a free consultation today and learn more about what your next steps should be.
When is an Injury Considered Catastrophic?
It is more common than you might think for injury victims to be unsure how severe their injuries are. Though your injuries may seem catastrophic, you may worry that others may accuse you of pursuing a frivolous lawsuit. However, per United States Code Section 3796b, as long as your injuries permanently prevent you from being able to take care of yourself or earn a living, they could be considered catastrophic.
It is not uncommon for individuals suffering from catastrophic injuries to experience a wide range of symptoms, including loss of hearing or eyesight, amputation, extreme loss of functionality or strength, and more. There are countless types of injuries that could be considered catastrophic, including:
- Third-degree burns
- Traumatic brain injuries (TBI)
- Loss of limbs
- Spinal cord injuries
- Paralysis
- Certain types of bone breaks or fractures
- Organ failure and internal bleeding
- Post-traumatic stress disorder (PTSD)
Notable Catastrophic Injury Statistics
Understanding the types of accidents known for causing traumatic brain injuries (TBI), paralysis, amputation, and other catastrophic injuries may help reduce the number of devastating injuries and damages. The Centers for Disease Control and Prevention (CDC) recently noted the following:
- There are more than 500,000 burn injuries annually
- There are over 2.5 million TBIs each year
- There are approximately 17,000 spinal cord injuries annually
- There are approximately 500 amputations every day across the United States
The Long-Term Effects of a Catastrophic Injury in San Clemente
If you are not sure whether your injuries are catastrophic, it is important to consider the various ways your injuries have and may continue to affect your life. Here are some of the most commonly reported long-term effects of San Clemente catastrophic injuries:
Money Problems
If you suffer a catastrophic injury, it may be impossible for you to earn a living and cover your regular monthly expenses. Furthermore, with catastrophic injuries comes an excess of medical expenses, including:
- Home healthcare
- An extended hospital stay
- Advanced medical treatments
- Ongoing mental health counseling
- Physical and occupational therapy
- Diagnostic testing
- Prescription medications and over-the-counter drugs
- Medical devices
- Home updates to accommodate needed medical equipment
Difficulty Taking Care of Yourself
With catastrophic injuries, your ability to take care of yourself may be extremely limited. If you need to depend on your loved ones or a home healthcare provider to help you complete your daily living tasks, your injuries may be deemed catastrophic.
Pro Tip
Do not put on a brave face when talking about the way your life has been affected by your injuries. The amount of compensation you are awarded will be based on how impactful your damages are. When your catastrophic injuries limit your mobility, reduce functionality, and make it impossible for you to provide for yourself, it is important to be open and honest in your personal injury demand letter and victim impact statement.
When to Sue for a Catastrophic Injury
The elements of negligence must be present for your catastrophic injury lawsuit to be successful. On Page 230 – CACI No. 400. Negligence, the elements of negligence are as follows:
- Duty of care
- Breach of duty
- Causation
- Damages
Note
The burden of proof in catastrophic injury claims and civil lawsuits is based on a preponderance of the evidence per Civil Jury Instructions Resource Centerās Civil Plain English Comparison underĀ BAJI 2.60. The evidence we present must be clear and convincing. We do not need to prove liability beyond a reasonable doubt, but the evidence must suggest the defendant is likely at fault for your catastrophic injuries.
You Need a Lawyer for Your Catastrophic Injury Claim
Working with a catastrophic injury attorney may be the best way to show the insurance company and at-fault parties you mean business. You do not want to risk being taken advantage of or tricked into settling for less than your damages are worth. Text Kevin Accident Attorneys can guide you through the claims process by:
- Establishing liability
- Identifying the liable party
- Calculating the value of your economic and non-economic damages
- Negotiating an insurance settlement
- Advocating for your right to maximum compensation at trial
Avoid social media while you are moving through the claims process. Do not risk your settlement by posting anything about the accident or your resulting injuries. While you are still negotiating with the insurance company and preparing to go to court, do not post anything online that could be misinterpreted or used against you.
Pro Tip
Avoid social media while you are moving through the claims process. Do not risk your settlement by posting anything about the accident or your resulting injuries. While you are still negotiating with the insurance company and preparing to go to court, do not post anything online that could be misinterpreted or used against you.
Life is better now!
Its going to be tough to thank Kevin enough! His guidance, support and optimism from day one helped me get thru the arduous process of appointments and treatments required to recover from my injuries and pay the bills.
My calls were returned promptly, I always felt he “truly” cared about me, my case and the outcome. I know he fought hard and brought my case to a very successful conclusion (the Max).
“OH” and can’t forget, His support team gets 5 stars as well.
Thank you Kevin, Thank you!
Rob Peltier
San Clemente, CA Accident
San Clemente Catastrophic Injury FAQs
Catastrophic injury claims are similar to traditional personal injury lawsuits when it comes to the statute of limitations deadlines. Your catastrophic injury lawsuit must be filed within the two-year statute of limitations per California Code of Civil Procedure Ā§ 335.1. If your civil claim is not filed before the statute of limitations expires, the court system may simply refuse to hear your case.
It is difficult to say how long it might be before you are awarded the compensation you deserve. If we are dealing with an insurance company alone, we may be able to get your settlement in a few short weeks. If your catastrophic injury case needs to go to trial, it could be months or even years before you receive the compensation you are entitled to.
There are several ways you may be able to get the most out of your claim. Most at-fault parties have insurance coverage in place. You may be able to file a claim against their insurance policy since California is a fault insurance state per California Insurance Code – INS Ā§ 11580.1. However, it is not uncommon for insurance settlements to be significantly less than the value of an injury victim’s losses.
It is also not unusual for liable parties to be uninsured. In either case, you may need to consider moving forward with a personal injury lawsuit. In civil court, there are no restrictions. The amount of compensation you can recover is based entirely on the severity of your injuries and their impact on your life, not on how much insurance coverage the liable party has purchased.
You can hire a catastrophic injury lawyer in San Clemente from Text Kevin Accident Attorneys on contingency. You will not have to pay anything out of your own pocket for our law firm to start working on your case. When expenses arise, our team will cover the costs on your behalf.
Our contingency fees are written in accordance with Rule 1.5 Fees for Legal Services by the State Bar of California, so we will only get paid if we are successful in recovering compensation for your damages. Depending on the specific circumstances of your case, your contingency fee percentage could be as low as 20% or as high as 40%.
Pure comparative negligence is a legal statute under California Civil Code 1714 that determines how shared fault claims will be handled. Blaming the victim is one of the most common ways liable parties attempt to avoid being financially responsible for the victim’s damages. If you share the blame, you will not receive the total value of your settlement.
Let’s say you were awarded $1 million after a catastrophic motorcycle accident. If you were not wearing your helmet when the collision occurred, the judge might determine that you are 35% at fault for the injuries you sustained. If this happened, instead of receiving a $1 million settlement, you would only be awarded $650,000.
Get Help From a Highly Experienced San Clemente Catastrophic Injury Lawyer Today
The personal injury claims process can be overwhelming when you are struggling with a catastrophic injury. Injuries of this nature can be all-consuming and strip you of your independence, self-worth, and financial freedom. Do not let the liable party get away with it. You can make them pay and demand maximum compensation for your damages and suffering when you have a top-rated San Clemente catastrophic injury attorney at your side.
Text Kevin Accident Attorneys is here to help you get through some of your most difficult times and adapt to the lasting consequences of your catastrophic injuries. When you are ready to hold the at-fault party accountable to the fullest extent of the law but are unsure of where to begin, do not hesitate to contact our office to request a no-cost, risk-free consultation. Reach us by phone or through our convenient contact form to get started on your claims as soon as today.
San Clemente FAQs
If you suffer a catastrophic injury, head to the nearest emergency room by ambulance if possible. You can also visit any of the following urgent care facilities or medical centers:
San Clemente Medi-Center
910 S El Camino Real suite a-100
MEDHERO Advanced Urgent Care and Wellness Center
Located in the Pacific Pointe Corporate Centre
South County Urgent Care
1300 Avenida Vista Hermosa Suite 100
Located in Talega Business Park
Yes, here are some of the top-rated mental health counselors in San Clemente, CA:
1. San Clemente Psychological Services
629 Camino De Los Mares Ste 207
Located in Plaza De Los Meres
2. Balanced Growth Counseling
Located in LA PLAZA
3. Holder Wellness
Located in the Kehoe Plaza
San Clemente is located approximately 26 miles south of Irvine. If you follow I-5 South for 26.3 miles, you can get there in less than 30 minutes if traffic conditions are right.