Catastrophic Injuries

A catastrophic injury is a severe injury that leads to disfigurement or a permanent disability or restriction on performing work. Examples of catastrophic injuries include a traumatic brain injury (TBI), spinal injury, or burn injury. The survivor of an incident can have multiple catastrophic injuries. 

The survivor of a catastrophic injury may be compensated for medical bills and related expenses, such as co-pays for prescription medicine and transportation to and from the hospital. They may also be compensated for lost wages, lost earning capacity, property damage, and pain and suffering. If a responsible party acted in an intentional or reckless manner, the injured party may be able to recover punitive damages. If the person who was catastrophically injured does not survive the incident, their family may be able to file a wrongful death lawsuit against the responsible parties. Damages may include burial and funeral expenses, the amount the person who passed would have earned as income, and compensation for the loss of companionship and support.  

A survivor of a catastrophic injury should determine who may be at fault for the injury. They should file a personal injury lawsuit in civil court against these parties. The incident that led to the injury may also be the subject of a criminal lawsuit. A victim does not have to wait for the criminal lawsuit to be resolved before filing a civil suit. If any of the parties are convicted in criminal court for the incident, this will help the civil suit. The court can hold an entity such as a corporation legally responsible for a catastrophic injury 

Alabama follows the pure contributory negligence rule. A survivor may not collect damages if they are even 1 percent at fault for the incident. Since a survivor’s success and amount of damages depends on how the accident occurred, a survivor or their family should not talk to anyone about how the accident occurred before talking to a personal injury attorney in Anniston, or wherever you live.

The survivor or family of an individual who has experienced a catastrophic injury should follow these steps: 

1. Seek medical care and follow the advice of the healthcare professional.
2. Speak to a personal injury attorney about the incident. Also consult a workers comp attorney if the incident occurred at work. 
3. File a workers compensation claim if the incident occurred at work. 
4. Refrain from posting any information about the incident on social media. Also refrain from speaking to the media about the incident without an attorney first okaying the communication. 
5. Do not post information about the survivor or deceased person’s medical prognosis or progress on social media. 
6. Provide the personal injury attorney with all relevant documents relating to the incident, including medical bills and documents showing lost wages. 
7. Visit the scene of the incident with the personal injury attorney as soon as possible, if feasible. The idea is to see the scene of the incident before any substantial changes to the setting occur. If the survivor cannot go, a close family member of the survivor should accompany the personal injury attorney.
8. Identify all responsible parties for the incident. These may include the employer, contractor, subcontractor, coworker, property owner, and manufacturer of any defective products involved in the accident. For example, in a slip and fall case, a laborer’s employer, their coworkers, the subcontractor, the subcontractor’s employees, and the property owner can all be at fault for the incident. 

A personal injury attorney can help a survivor or their family determine the statute of limitations for the claim, or how long the survivor has to file a civil suit. They can also evaluate the likelihood of success, estimate the amount of a settlement, negotiate a settlement, and represent the survivor in court. A personal injury attorney in Jefferson County, or anywhere else in Alabama, can also act as a consultant for a survivor or a party who may be sued in such a case.