(520) 355-1161
Tucson Catastrophic Injury Attorney
Securing Maximum Compensation for Catastrophic Injuries
No one ever imagines that they or a loved one may suffer life-changing injuries. Yet, Tucson area residents suffer catastrophic injuries every day and are often left wondering where to turn to for help. Spinal cord or traumatic brain injuries can leave victims permanently disabled and can quickly lead to a financial crisis for their family members.
If another person’s negligence has injured you or a loved one, you must seek legal representation immediately. Doug Newborn Law Firm, PLLC, is a law firm dedicated to helping clients and their families recover maximum compensation for their injuries. For more information about our legal services, contact our law office today to schedule a free initial consultation.
What is Considered a Catastrophic Injury?
In Arizona, a catastrophic injury is a life-altering injury that leaves the victim with a permanent disability, impairments, or the inability to return to work or perform daily tasks. In some instances, a catastrophic injury requires the accident victim to need ongoing skilled nursing care, which can quickly lead to a financial crisis.
The most common examples of catastrophic injuries include:
- Traumatic brain injuries
- Spinal cord injury
- Amputations
- Organ loss that leads to hearing loss or permanent blindness
- Internal organ damage
- Severe third and fourth-degree burns that cause significant scarring or disfigurement
If you have suffered an injury, the first step is to seek medical attention immediately. Insurance companies frequently attempt to shift blame onto victims, arguing that the severity of their injuries is their own fault for failing to seek prompt and proper medical treatment.
What are the Most Common Causes of Catastrophic Injuries?
While many catastrophic injuries occur on someone else’s property, such as fall-related accidents or being struck by objects on a construction site, a leading cause is those sustained from motor vehicle accidents.
Other causes originate from medical malpractice, including a brain injury caused by oxygen deprivation during surgery or anesthesia.
In cases involving workplace, motor vehicle accidents, or medical malpractice, you must seek legal representation. Employers, healthcare professionals, and their insurance companies face countless lawsuits each year from those injured by others’ carelessness and are dedicated to protecting their bottom lines.
Why Should I Hire a Catastrophic Injury Lawyer to Help Me File a Claim?
Suffering a catastrophic injury is frightening, and not knowing if the responsible party will be held accountable can be overwhelming for you and your family members. Protecting your legal rights should be your priority, but most insurance providers are looking for ways to avoid paying what claims are actually worth. Studies show that catastrophic injury victims who seek legal assistance generally recover greater compensation than those who do not have representation.
The most effective solution is to hire a catastrophic injury lawyer without delay. Your legal representative understands the legal complexities involved with filing a catastrophic injury claim and what it takes for you to recover fair compensation.
Your attorney will professionally assess the facts involved in the case, along with your medical records, to calculate current and future costs and pain and suffering damages. A lawyer will also investigate to gather additional evidence, such as witness reports, photos, and videos of the accident, to build a solid case that establishes fault and withstands legal scrutiny.
Even so, one of the most critical roles that your lawyer will play is to act as your legal advocate with the insurance company. Allowing your lawyer to act as your representative can spare you the stress of worrying that you may inadvertently say something to the provider that may jeopardize your case.
Why Should My Lawyer Deal With the Insurance Company?
Although insurance companies like to use advertising to portray how much they care and how ready they are to help injury victims, that is often far from the truth. Insurance providers are usually more focused on protecting their stockholders than paying claimants.
Insurers frequently use two common tactics when dealing with catastrophic injury cases: fast settlements or trying to deny a claim by blaming the victim for causing their injuries. Catastrophic injuries can result in large medical bills and ongoing expenses, leading to significant payouts that insurance companies try to avoid.
Fast Settlements
A frequent strategy used by insurance companies is to present quick settlement offers to accident victims before the full extent of their injuries is known. Although a fast settlement may seem tempting, especially if you are already feeling the effects of not being able to work, it most likely is not in your best interest. For example, in a traumatic brain injury case, the full impact of the injuries is often unknown. A quick settlement will not account for future medical expenses or worsening symptoms that can occur over time.
Recorded Statements
Insurance adjusters often ask injury victims to agree to make recorded statements after being involved in a catastrophic accident. Although the adjuster may seem friendly and sympathetic to your case, they are trained to look for ways to save their company money. You should never agree to provide a recorded statement unless you have an attorney present when doing so. Insurers have the legal right to use your statement against you to try to deny or devalue your claim.
Once you have a lawyer, they will handle all communication with the insurance provider so you can focus on rest and recovery.
What Kind of Compensation Can I Recover After Suffering a Catastrophic Injury?
The most common question injured clients ask concerns what kind of compensation they can recover after suffering a catastrophic injury. Although every case is different, catastrophic injury victims can generally recover both economic and non-economic damages to cover their losses. Depending on the circumstances involved, you may also be able to recover punitive damages, although they are only awarded in a small percentage of civil cases in Arizona.
Economic Damages
Economic damages are intended to compensate accident victims for the financial losses they have suffered, including:
- Past and future medical expenses
- Lost wages
- Loss of earning capacity
- Property damage, if applicable
Most individuals who hire an attorney can also recover compensation to cover the cost of rehabilitation, physical therapy, and modifications to their home or vehicle.
Non-Economic Damages
Non-economic damages are intended to make catastrophic injury victims “whole” and are subjective, based on the facts of the case. Some of the most commonly awarded non-economic damages in personal injury claims include:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Permanent disfigurement and scarring
Punitive Damages
Punitive damages are awarded to punish the wrongdoer and send a warning to others not to repeat the same behavior. In Arizona, a catastrophic injury victim may receive punitive damages only if there is clear and convincing evidence that the defendant’s conduct was not merely reckless but intended to cause harm, knowing it was likely to result in serious injury. Punitive damages, if awarded, are only awarded at the discretion of a judge or jury.
Will My Case Have to Go to Court to Be Resolved?
A common fear for many injury victims is that their case will have to go to court before they can recover compensation. No one likes the idea of having to go through costly, time-consuming litigation to try to recover the compensation they are owed because of someone else’s negligence.
Most personal injury claims are settled out of court with the help of a skilled injury lawyer. One of the most significant advantages of hiring an attorney is that they will act as your legal liaison and handle all interactions with the insurance provider. When most insurance companies realize that you have an attorney, they are more willing to offer a greater settlement than if you did not have legal representation.
If, for some reason, the insurance company is unwilling to offer compensation that adequately covers your medical bills and pain and suffering damages, our law firm is prepared to file a personal injury suit. Our attorney and legal team have extensive courtroom experience and know what it takes to get our client the maximum compensation they legally deserve.
Contact Doug Newborn Law Firm, PLLC, Today So We Can Get Started Getting You the Justice You Deserve
At Doug Newborn Law Firm, PLLC, we realize that clients who have suffered a catastrophic injury are dealing with physical pain, uncertainty, and wondering what tomorrow will bring. If your catastrophic injury was someone else’s fault, you want to see the liable party held accountable for their negligence.
Our Tucson area law firm is committed to helping you and your family members at a time when you need it most. Time is of the essence in personal injury claims, so it is best that you seek qualified legal assistance immediately.
Contact our law firm today at 520-355-1161 to schedule a free initial consultation and discuss which legal options best suit your needs.