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Asheville Catastrophic Injury Lawyer

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Asheville Catastrophic Injury Attorney

No sudden injury is easy to deal with, especially when it may have been preventable if reasonable care and caution were taken. Some injuries can be more significant than others and result in debilitating pain, life-long disability, and medical complications that impact someone for years to come. For the greatest chance of attaining compensation for these devastating losses, you should consider hiring an Asheville catastrophic injury lawyer.

Catastrophic injuries can alter how a person lives their daily life, and when these injuries are due to another party’s negligence, the injured party should receive full compensation for their losses. Filing a claim to receive this compensation can be overwhelming for many individuals and may be easier and more successful with an Asheville catastrophic injury lawyer.

Fight for the Compensation You Deserve After a Catastrophic Injury

When you or a loved one has suffered from a catastrophic injury, it isn’t easy to deal with. When the injury was caused because of a company or individual’s negligence, it can be even more frustrating and feel more unfair.

A catastrophic injury can change the course of your and your loved ones’ entire lives. Claims for these personal injuries are especially important to do right. If damages are not completely and accurately calculated, your family could end up with significant costs that you are not equipped to handle. An experienced catastrophic injury attorney is essential to get the most benefits from a personal injury claim.

At Bridgman Gantt Law Offices, we want to help. We understand personal injury cases and know how to calculate the extent of your damages, including current and future medical care, potential medical complications, physical pain and suffering, home mobility modifications, lost income, lost earning capacity, disability income, and other damages.

We can investigate the accident and cause of your injury, determine the at-fault party or parties, and work to present your claim in the ideal light. This improves the claim’s chances of succeeding.

We know that a catastrophic injury is an incredibly difficult time for you and your loved ones, and we want to use our knowledge and experience to make this as easy as possible. We manage legal deadlines, investigations, and negotiations so that you can recover. Our attorneys listen to your situation so we understand how to represent you more effectively. We use our resources and skills to advocate for your rights and aim to improve your quality of life.

Understanding a Catastrophic Injury in Asheville, NC

A catastrophic injury claim is a form of personal injury claim where an injured party holds another party legally liable. These claims can only be made if the injury was the fault of another party and the other party acted negligently, recklessly, and maliciously, and their actions directly led to the injured party’s injuries and damages.

A personal injury claim is filed to obtain compensation for economic and non-economic damages like medical bills, rehabilitative care, physical and mental therapy, lost income, lost earning capacity, pain and suffering, and loss of quality of life.

A catastrophic injury claim occurs when the personal injury is severe, long-term, disabling, or otherwise life-altering. The injuries prevent the individual from leading a normal life, managing daily tasks, and/or returning to work at full capacity or at all. The damages in a catastrophic injury are much more severe, and compensation must be much higher to cover medical procedures and substantial time off of work.

There are also additional costs, such as continued at-home care or home modifications for mobility, that do not need to be factored into other personal injury cases. Insurance providers do not want to provide high payouts in catastrophic injury claims, which can add to the difficulties.

Those suffering from catastrophic injuries will often require the compensation of a claim to survive and provide for any of their financial needs. It is necessary to negotiate a fair settlement and get the essential coverage needed to ensure the injured individual can be financially cared for. For these reasons, these claims often require more resources and work than typical personal injury claims.

Injuries That Are Considered Catastrophic Injuries

Every personal injury claim and accident is unique, and a catastrophic injury can be any injury that results in life-altering consequences. Some injuries that could be severe and considered catastrophic include:

  • Traumatic brain injuries
  • Permanent brain damage
  • Other head injuries
  • Spinal cord injuries and paralysis
  • Amputation and dismemberment injuries
  • Serious burn injuries
  • Severe internal injuries and organ damage
  • Severe or multiple fractures or broken bones
  • Loss of hearing
  • Loss of sight
  • Permanent nerve damage
  • Any other injuries that cause permanent disability or disfigurement

There are many other injuries that may be considered catastrophic if they impact an injured person’s life significantly. An attorney can review a personal injury case and determine if the claim should be categorized as a catastrophic injury claim. A catastrophic injury claim will require significantly higher compensation to equal the damages and losses.

Common Causes of Catastrophic Injuries in Asheville, NC

Unfortunately, catastrophic injuries can result from even minor acts of carelessness. Common accidents that may cause catastrophic injuries include:

  • Car, truck, motorcycle, and other motor vehicle accidents
  • Pedestrian and bicyclist accidents
  • Boat accidents
  • Accidents when drivers are under the influence of drugs or alcohol
  • Slip and fall accidents and other premises liability accidents
  • Falls from significant heights
  • Dog bites and other animal attacks
  • Defective products and other product liability issues
  • Defective drugs or medication
  • Medical malpractice injuries or illnesses
  • Elder abuse
  • Construction site, industrial accidents, and other workplace accidents
  • Railroad accidents

Each of these accidents can cause any level of injury but frequently result in catastrophic and debilitating injuries that require lengthy medical treatment and care. Some accidents, like premises liability injuries and slip and fall accidents, may sound like resulting injuries would not be serious. However, slip and falls can result in multiple fractures, spinal cord injuries, or traumatic brain injuries, especially if they result from a high fall.

Even a minor accident can cause severe and catastrophic injuries. These injuries can require years or decades of medical care, which creates an additional financial burden on individuals and families if they do not get compensation for those damages.

Common Damages in a Catastrophic Injury Claim in Asheville, NC

Catastrophic injuries are different from other personal injury cases because of the immensely high cost of damages and injuries to an individual. There are also more damages that are difficult to calculate, especially for an individual unfamiliar with the personal injury claim system. This includes high pain and suffering, life-long medical treatment and at-home care, future expenses, and an inability to continue completing daily tasks.

These are losses that rarely have an exact amount and require professional determination to know what reasonable compensation may cover those damages.

The damages available in a catastrophic injury claim will depend on the unique factors of the injury and incident and how the injury impacted the individual. An individual filing a personal injury claim is able to request compensation for any legally recognized damages. Factors that may influence the amount and type of damages include:

  • The type of injury and how severe it is
  • The expected length of recovery time
  • How much medical care is needed
  • Whether rehabilitative care is necessary and how long it is needed for
  • If the individual is temporarily or permanently disabled
  • Whether the individual can return to work or return at a limited capacity
  • The impact on quality of life, such as an individual’s daily pain, and their ability to complete tasks such as care for themselves or their family or travel easily
  • Whether the individual is their family’s main source of income

A personal injury claim for a catastrophic injury should address both past losses and expenses and damages that are expected in the future. There are two main types of damages in personal injury cases: economic and non-economic damages.

Economic damages are damages with straightforward and calculable costs. This includes damages such as:

  • Medical bills. This includes transportation to the hospital, surgeries, reconstructive and surgical procedures, emergency care, prescriptions, doctor’s visits, and rehabilitative costs.
  • Future medical costs. This includes potential medical complications, the cost of necessary medical devices and mobility devices, future surgery costs, accommodation devices, physical and mental therapy costs, and assistive care or daily medical care.
  • Lost wages. This includes the injured individual’s lost income during recovery or missing work for medical care. This also includes the lost income of family members who need to care for their injured family member.
  • Lost future earning capacity. These damages are for when an injured individual is unable to return to their prior job, return to any job, or return and complete the same job duties as before their injury. These changes impact their future income and earning capacity and should be compensated.
  • Property damage. Depending on the type of accident, there may have been additional damages beyond an injury, such as damage to personal belongings or vehicles.
  • Out-of-pocket expenses. Other costs directly associated with the accident and injury may also be compensable.

Non-economic damages are more difficult to assign exact monetary values, as they are emotional or physical damages that do not have a monetary value. Although most medical malpractice claims have a cap on non-economic damages in North Carolina, most types of personal injury claims do not. Non-economic damages include losses such as:

  • Emotional suffering and mental anguish
  • Loss of quality of life
  • Physical pain and suffering
  • Impairment, scarring, and disfigurement
  • Permanent disability
  • Loss of care, companionship, and consortium by loved ones

Non-economic and economic damages are forms of compensatory damages. These damages compensate for recognizable losses.

There is another form of damages available in some personal injury cases: punitive damages. Punitive damages are given by the judge on the case to punish the at-fault party for their actions. These damages are generally only used when the at-fault party was criminally negligent or acted maliciously. In North Carolina, punitive damages in personal injury claims have a cap of $250,000 or three times the compensatory damages awarded, whichever amount is higher.

What Is the Time Limit to File a Personal Injury Claim in Asheville, NC?

Personal injury claims, including catastrophic injury claims, have a legal time limit called a statute of limitations. In Asheville, North Carolina, the statute of limitations for most personal injury claims is three years from the date the injury occurred. If the claim isn’t filed within this time limit, the injured party forfeits all compensation for their damages.

There are some exceptions. If the injury, illness, or other condition was not discovered on the date it occurred, the statute of limitations begins on the date the condition was discovered or reasonably should have been discovered. However, even under the discovery rule, there are limits. A claim cannot be made more than ten years after the initial date of injury or incident.

Although this statute may seem like significant time, it’s important that you contact an attorney and file the claim as soon as possible. The closer to the end of the statute, the more difficult it will be to find an attorney who will represent you.

After several years, important evidence will likely have vanished, and there may not be enough time to build and advocate for a successful claim. Evidence such as eyewitnesses will be hard to find, and their memory may not be reliable. Evidence such as CCTV may have been deleted.

When you begin working with an attorney soon after an accident, the attorney will have sufficient time to begin creating a strong case and will be able to investigate the scene of the accident or incident right away. This increases your claim’s chances of success and gives you plenty of time to properly negotiate or litigate the claim.

Do I Need an Asheville Catastrophic Injury Attorney for My Claim?

It isn’t required that you work with a personal injury attorney for your claim. However, it is incredibly beneficial, especially for catastrophic injury claims. These claims are more complicated than other personal injury claims because the amount of compensation necessary to cover damages is significantly greater.

It’s usually harder to negotiate high compensation claims, as insurance providers and at-fault parties will not want to provide you with a fair amount of compensation. Some parties may even try underhanded tactics such as denying your injuries or trying to reach a settlement before the true extent of your injuries and damages is made clear.

An attorney with experience in personal injury claims will recognize these tactics and know how to counter them. At-fault parties are also less likely to engage in these tactics when you have legal counsel present. Your attorney can handle many aspects of your claim for you, including:

  • Calculating your damages. Even in a typical personal injury claim, people filing tend to underestimate the damages owed to them. Future medical expenses, rehabilitative care, and expected complications can be hard to predict. Non-economic damages like emotional suffering or physical pain can be hard to reasonably calculate.

These issues are more extreme in catastrophic injury claims, where the damages are even higher and harder to determine. An attorney has experience with these damages and has the resources and professional connections to effectively determine a reasonable and fair amount of damages for your claim.

  • Investigating the incident or accident. In order for a personal injury claim to be successful, another party must be at fault for the damages you suffered. This may include a careless medical professional, a reckless driver, a negligent product manufacturer or designer, or a careless property owner.

These individuals and groups have a duty of care to certain individuals, and when they fail that duty of reasonable care, they can be held liable. An attorney can investigate the cause of your injury or illness to determine who was at fault and how to prove that for your claim.

  • Compiling evidence for your claim. An attorney can use their resources and knowledge to find evidence to support your claim. This includes evidence of the at-fault party, how they caused your injury, and the damages you suffered as a result. Evidence may include video and photographic evidence, police reports, eyewitness testimony, and medical documentation.
  • Negotiating a settlement. A majority of personal injury claims are settled through negotiations out of court. Your attorney can negotiate a settlement with the at-fault party, working to find a fair settlement that reasonably covers your damages. A settlement is typically faster and less expensive to obtain than going through court, but it can result in compromises. Your attorney will know what is a fair settlement and what is unreasonable.
  • Representing your claim in court. If a fair settlement isn’t possible, you need an attorney who is willing to enter litigation to obtain the compensation you need.

A catastrophic injury can be exceptionally frustrating, painful, and life-altering. It’s essential that you get the financial coverage you deserve. You need an attorney with the experience and understanding of your type of claim who will listen to your needs and develop an effective strategy for your legal representation.

How Do You Prove a Personal Injury Claim?

Most personal injury claims rest on the theory of negligent or reckless actions by the other party. In order to prove another party at fault for the injured party’s damages under negligence or recklessness, the following must be proven:

  1. Duty: The allegedly at-fault party owed the injured party a reasonable duty of care. A medical professional who agrees to care for a patient owes that patient a duty of care. Drivers owe others on the road a duty of care.
  2. Breach: The at-fault party breached this duty of care by acting carelessly, negligently, or recklessly or by not following a professional standard of care.
  3. Causation: The party’s action that breached their duty of care directly resulted in the injured party’s accident, illness, injury, or similar condition.
  4. Damages: The injured party suffered damages because of the accident or condition, and these damages are recognizable and compensable under law. These include financial and emotional damages.

Effective Evidence in a Catastrophic Injury Claim in Asheville, NC

Evidence is essential to have a successful personal injury claim and to obtain the maximum compensation possible for a party’s injuries. Each aspect of fault must be proven for a successful claim. In order to ensure full coverage of damages, lost income, medical costs, and any other costs related to the injury must be documented and proven. An attorney can investigate each of these aspects. Useful evidence may include:

  • Medical records and documentation
  • Incident, accident, and police reports
  • Witness reports and statements
  • Records of lost hours and wages
  • Photo evidence
  • Receipts, invoices, and estimates
  • Repair costs
  • Insurance policy information
  • Safety policy guidelines and requirements
  • Video surveillance and CCTV
  • Professional witness opinions

By bringing all this important evidence together, a catastrophic injury attorney can prove in negotiation or litigation that the at-fault party is responsible for damages. They can also show the true extent of those damages to achieve reasonable compensation for an injured party.

This evidence can be overwhelming to compile alone for the injured party. Most are recovering and do not have the resources to obtain the necessary information. An attorney has the time, understanding, and resources to manage this on the injured party’s behalf.

Bridgman Gantt: Your Asheville Catastrophic Personal Injury Lawyers

There is nothing easy about a life-altering injury or disability. As you recover and begin to determine how your life will move forward differently, it’s important that you are financially taken care of and that your needs are met. A catastrophic injury can harm you, or it can cause you to lose a loved one.

These circumstances are not easy, and if another party is responsible, they should be held liable. Money cannot make up for your loss or end your pain, but it can give you the time and recovery space you need. A personal injury claim can provide for your basic financial requirements, and the most effective way to obtain that compensation is with a skilled personal injury attorney.

The attorneys at Bridgman Gantt Law Offices wish to give you the compassionate and individualized legal care you need. If you have been in an accident or have developed an illness that has left you catastrophically injured due to another person’s negligence, we can help. The sooner you work with our firm, the sooner we can help you obtain financial coverage.Contact our team at Bridgman Gantt in Asheville today to see if you have a pursuable claim.

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