As personal injury cases go, few are as significant as those for catastrophic injuries. However, knowing what qualifies as a catastrophic injury isn't always easy. If you have suffered an injury that has permanently altered your life, one that is likely to keep you from working in your career, potentially seeking a new career or living the life that you have previously enjoyed, it may qualify as a catastrophic injury. However, to file a case like this, you have to prove that the injury and damages are, in fact, catastrophic. Here's what you need to know.
Proving The Physical Damages
Proving the physical damages will be easier than proving the emotional ones. Physical damages can easily be documented by your medical records. Some catastrophic injuries are easy enough to prove. Things like severed limbs, for example, are obvious and require little in the way of documentation.
However, brain injuries, spinal injuries and other difficult-to-observe injuries are much harder to prove. You have to have solid medical documentation, including test results and your doctor's prognosis for your recovery.
In most cases, to be deemed a catastrophic injury, the effects of your injury must be permanent, and the medical records must show this.
Proving The Emotional Damages
If you are trying to claim any form of pain and suffering as part of your catastrophic injury, that may be harder to prove. You'll have to document the effects that the adjustment will have on your emotional and mental well-being.
Things such as emotional effects on your marriage, the upheaval of your lifestyle adjustment, and even any counseling that you may have to attend all can qualify as documentation of the emotional damages that you are seeking compensation for.
You will need the testimony of a medical professional that qualifies as an expert in the eyes of the court. He or she will have to be able to prove that your emotional distress is legitimate and affecting your way of life.
Catastrophic injury cases are far different than traditional personal injury cases because of the magnitude of the injury as well as the lack of hope for a full recovery. That makes it important that you pursue the case the right way, as that ensures that you get the compensation that you deserve. Talk with a catastrophic injuries lawyer right away to find out what your case looks like and see if you may be able to get catastrophic injury compensation from the other party.Share