Catastrophic personal injury litigation may put your organization at a significantly greater risk than standard personal injury claims, in that the damages may be extremely speculative and open to debate. The plaintiff will often attempt to establish enormous damages by presenting the worst case scenario in terms of lifetime care expenses. In addition, victims of catastrophic injury typically make sympathetic plaintiffs, in that the extent of their injuries give rise to great sympathy.
Successful defense of such claims requires not just a seasoned catastrophic injury defense lawyer, but also access to skilled experts with the right credentials to establish a more realistic projection.
A catastrophic personal injury can arise from nearly any type of accident or incident. Some common examples include construction accidents, bus crashes, and toxic chemical exposures. There is no specific legal definition of “catastrophic injury,” but the term is generally accepted to refer to significant injuries resulting in long-term or permanent disability or disfigurement. For example:
Traumatic brain injury
Quadriplegia or paraplegia
Generally, these injuries result in ongoing needs, such as:
Multiple or recurring surgeries
Long-term reliance on medical devices
The need for live-in or frequent caregiver assistance
Adaptation of living environments
The plaintiff in a catastrophic injury case will often be unable to return to his or her prior line of work, or may be unable to work at all, further increasing the claimed economic damages. Determining the likelihood that the plaintiff will be able to return to work, any limitations on that ability, and the need for rehabilitation or accommodation to make gainful employment possible is another matter for qualified experts. Typically, the medical and economic assessments are more complex and require more specialized experts than the average personal injury case.
We are equipped to take control of your catastrophic injury defense from the very beginning. We can help with:
Assessing the case and the likelihood that you would be held liable
Identifying other possible defendants or negligence on the part of the plaintiff
Gathering and preserving physical evidence
Interviewing employees and taking witness statements
Retaining and working with medical experts, economists, and others
Negotiating with the plaintiff’s counsel
Managing the technical and procedural elements of the case
Preparing your employees and other witnesses for trial
Arguing your case at trial
Our goal is always to use our extensive skills and experience to achieve the best possible outcome for your organization.