A catastrophic injury can occur instantaneously, in any type of accident, and transform your life forever. Whether you’re hurt in a car accident or suffer a slip and fall injury at work, you may be left with permanent or long-lasting injuries and unexpected mounting costs.
If you endure pain and suffering as a result of someone else’s negligence, you deserve justice. Financial compensation can’t make up for the losses you’ve incurred, but it can help alleviate your stress and allow you to focus on your recovery.
Insurance giants may be reluctant to pay out a just claim for your injuries, and could even deny your claim. However, a catastrophic injury lawyer in Bloomington, Indiana can help you navigate the legal system and find the justice you’re owed.
You shouldn’t have to walk this path alone. If you experience catastrophic injury in Indiana, Yosha Law can help.
What is a catastrophic injury?
Legally, catastrophic injury is considered any injury that has a direct, permanent or long-lasting impact on a person’s ability to work and live a full life. Catastrophic injuries are often the result of sudden accidents and the result of gross negligence from another party.
As the costs of catastrophic injury are ongoing and could last a lifetime, it’s tough to determine compensation on your own. Insurance companies may offer an immediate compensatory amount to quickly close your claim, and it may be tempting to accept a lowball offer.
However, it’s important to factor in ongoing and future costs you may incur as the direct result of your injury before accepting an offer of compensation. If you accept a settlement from an insurance company, you might not have further legal recourse to pursue future compensation.
Gross negligence may also prove tough to prove on your own — a catastrophic injury lawyer in Bloomington can help to strengthen your case and manage the nuances of the legal system for you.
Examples of catastrophic injury
Although there are many different types of catastrophic injury that can become chronically painful and debilitating, at Yosha Law, our attorneys see some frequent examples of these injuries.
Here are some of the most common examples of catastrophic injury:
- Disfigurement
- Birth injury
- Chronic pain
- Facial scarring
- Head injury
- Loss of hearing
- Loss of limb
- Loss of vision
- Occupational illness
- Paralysis
- Spinal cord injury
- Third-degree burns
- Traumatic brain injury
Common causes of catastrophic injury
If you’ve sustained a catastrophic injury, you may be eligible to file a personal injury lawsuit in Bloomington if your injuries resulted from any of the following:
- Car accident
- Defective products
- Explosions
- Hit and run
- Medical malpractice
- Motorcycle accident
- Premises liability
- Slip and fall on another party’s property
- Truck accident
- Workplace accident
What you need to know about catastrophic injury legal claims
A catastrophic injury can forever alter your life, and many people experience these types of injuries every year. According to the CDC, in 2022, 25.8 million people visited ERs for unintentional injuries. Many of these injuries were catastrophic injuries caused by the negligence of another party.
The lifetime costs you can incur as a result of this type of injury can be astronomical. For example, the costs of someone who suffers from paraplegia due to the actions or inaction of another can exceed $2 million. In fact, in some case results, victims have secured significant compensation to cover these immense expenses. In the U.S. alone, unintentional injuries cost a collective $448 billion in hospital and medical treatment costs annually.
Although you can file a catastrophic injury lawsuit on your own, you may not be able to deal with the complexities of the legal system alone. In Indiana, catastrophic injury lawsuits fall under tort (personal injury) law, and the right lawyer in Bloomington can help you fight for the compensation you may be owed.
Why you may need a lawyer to file your lawsuit
A catastrophic injury lawyer in Bloomington has experience and legal knowledge that could be crucial to proving your case. The right attorney will manage all court filing deadlines and handle negotiations with the defendants in your case.
A lawyer can advise you on the compensation you should seek and help you to calculate estimated damages, and a legal team can research any verdicts in similar cases that may impact the validity of your lawsuit.
Take steps to prove your case before you contact a lawyer in Bloomington
Before you file a personal injury lawsuit or contact a catastrophic injury lawyer in Bloomington, it’s important that you ensure you’ve filed a police report or a workplace accident report. You should also seek medical attention immediately, as official diagnosis and treatment is vital to your legal claim
Document the scene of your accident with photo and video evidence, and make sure you have recorded eyewitness statements and contact information.
Differences between a personal injury and catastrophic injury lawsuit
Although catastrophic injury falls under personal injury law, there are differences between a catastrophic injury lawsuit and a general personal injury lawsuit, including:
- Complexity of the case
- Duration of the court case
- Higher compensatory stakes
- Possibility of punitive damages
- Probability of a trial
How Yosha Law can help
At Yosha Law, we understand how trauma can upend your life, and know that every individual experiences a catastrophic injury differently. A Yosha Law catastrophic injury lawyer in Bloomington can walk beside you through every step of your case, provide support, and help you fight in the pursuit of justice.
We battle against insurance giants to help our clients and fight to change laws if your case merits new legislation. If you choose to retain a catastrophic injury lawyer in Bloomington, our attorneys can do the following:
- Advise you on the merits of your case:
We’re here to help you legally process through your trauma and listen to your story. We’ll transparently advise you on the merits of your case and help you to make an informed choice about whether or not to file a lawsuit.
- Calculate damages:
The compensatory damages sought in a catastrophic injury case aren’t set in stone. We’ll collaborate with you to discern both the immeasurable and quantifiable pain and suffering you’ve endured, estimate future costs directly related to your injury, and help calculate the monetary amount you should seek in your lawsuit.
- Gather evidence:
If the defendant in your case has a history of negligence, such as similar accidents or OSHA violations, we’ll gather documented evidence to prove gross negligence in your claim. We’ll also investigate the scene of your accident, take video and photo documentation, collect your police report, and access any eyewitness testimony.
Evidence may also include medical records, a workplace injury report, and documentation of property repairs or lost income related to your catastrophic injury.
- Obtain expert and witness testimony:
We may retain forensic experts, including crash reconstructionists and medical experts, who can speak to the cause and impact of your injuries. We’ll also interview witnesses who can directly speak to the impact of your injury on your daily life, including employers, co-workers, loved ones, and neighbors.
- Represent you in negotiations:
Many catastrophic injury lawsuits are settled before they’re ever presented before a judge or a jury. Typically, settlement amounts are offered through negotiation meetings. A Yosha Law attorney will represent you in these negotiations and always act in your best interests.
- Stand up for you in court:
If a settlement cannot be reached, we will fight for you in court and ensure you have a voice and say in the proceedings.
Damages in a Bloomington catastrophic injury case
The compensation you might receive in a Bloomington catastrophic injury case is divided in three categories: Economic, non-economic, and punitive damages.
Economic damages refer to the quantifiable losses you’ve incurred and can prove. Non-economic damages compensate for your immeasurable losses — losses that don’t necessarily have monetary value, but are significant nonetheless.
Punitive damages are rarely sought in general personal injury lawsuits, but are often handed down by a judge or jury in a catastrophic injury case as a consequence of the defendant’s gross negligence.
Economic damages
Here are some examples of economic damages (also known as special damages):
- Assisted living
- Medical expenses, including doctor’s appointments, emergency room visits, hospital stays, prescriptions, surgeries, and other forms of medical treatment
- Lost wages (including bonuses, paid time off, and tips)
- Property repair or replacement costs
- Transportation costs
Non-economic damages
Non-economic damages (also known as general damages) include the following:
- Chronic pain
- Diminished earning capacity
- Disfigurement or scarring
- Emotional distress
- Loss of consortium
- Loss of quality of life
- Mental anguish
Punitive damages
Punitive damages are meted out as punishment for a defendant who is grossly negligent, and are often added onto an original compensatory award. In Indiana, a plaintiff receives 25% of punitive damages and 75% are automatically allocated to the state’s Violent Crimes Victim Compensation Fund.
Proving negligence in a catastrophic injury case
A catastrophic injury lawyer in Bloomington will work hard to prove negligence as the foundation for your legal claim. This proof involves three steps to determine the liability of an at-fault party:
- Breach of Duty of Care:
We all share a universal duty of care — responsibility to do everything in our power to avoid intentionally (or unintentionally) causing another person harm. Gross negligence begins when a premises or vehicle owner or employer fails to meet this duty of care.
- Causation:
Your attorney must then prove that the breach of duty of care directly or indirectly led to your catastrophic injury.
- Proof of Damages:
After the breach of duty of care and causation have been established, a catastrophic injury lawyer will then use evidence of the financial, emotional, mental, and physical impact of your injuries to prove your valid claim to damages.
What is gross negligence?
Gross negligence is an extreme departure from the standard of duty of care and a deliberate disregard of the safety of others that leads to severe injury. For example, if your doctor shows up to perform your surgery intoxicated and accidentally severs a crucial nerve or muscle, they’re potentially liable for gross negligence.
A catastrophic injury lawyer in Bloomington who can prove gross negligence can strengthen your damages claim and build a strong foundation for your lawsuit.
Indiana comparative fault laws
Indiana is one of over a dozen states with comparative fault laws on the books. Comparative fault (also known as modified negligence) can impact the compensatory amount you can validly seek in your catastrophic injury case.
For example, if you were running at work and fell over an uncovered hole in the floor, causing your injuries, your employer may be liable for failing to mark or repair the hole. However, you may legally hold some fault for your accident.
Comparative fault means that if you’re determined to hold liability at 50% or greater for your accident, you may no longer hold a valid legal claim. If you are over 0% at fault but lower than 50%, your compensation may decrease.
Statute of limitations in Indiana
Indiana’s statute of limitations law allows plaintiffs ample time to file a catastrophic injury lawsuit, but also protects defendants from facing frivolous claims. Indiana code § 34-11-2-4 requires plaintiffs in Bloomington to file a legal claim within two years from the date their injuries occurred. If you fail to meet this deadline, you may not have further legal recourse.
Exceptions to the statute of limitations can be made if the injured party is mentally incapacitated or under the age of 18 at the time of the injury’s onset.
Connect with Yosha Law
If you choose to retain a Yosha Law catastrophic injury lawyer in Bloomington, you’ll receive honest and transparent guidance and communication and the attention you deserve. At Yosha, your unique story doesn’t just become another case number to add to the pile — our clients remain an extension of our family.
You deserve justice for the life-altering injuries you’ve suffered as the result of another party’s negligence, and you need to be able to focus on your recovery. You don’t have to walk this path alone. We’ll fight for you and stand beside you on the road to justice.
Contact Yosha Law for a consultation today.
