A catastrophic injury can change your life in a heartbeat. Paradoxically, the process of recovering from a severe accident, pursuing a claim for compensation, and finding your “new normal” can feel endless. This sense of interminable waiting and uncertainty can be exacerbated by the unfamiliarity of the legal processes often involved in negotiating for a settlement or filing a legal action to pursue justice through the court system. While no attorney can guarantee outcomes in any particular case, there are a number of reasons why individuals who have suffered catastrophic injuries, especially those resulting in life-altering loss of limbs or mobility, may find it helpful to work with a paralysis lawyer used to handling complex cases as they navigate their path forward. The personal injury team at Steelman Gaunt Crowley brings decades of experience to our cases, and we are familiar with the deep trauma that is often present in cases with life-altering injuries. We offer initial consultations to paralysis victims at no cost or obligation, to give you a chance to explore your options. Call our team in Rolla, Missouri today at (573) 341.8336 to book your appointment.
Why Are Cases Involving Catastrophic Injury Different?
Any injury claim can present its twists and turns. However, there are a few reasons why the most severe injuries – which result in what are sometimes called catastrophic injury cases – may pose special challenges. Many of these challenges arise from the particular way that paralysis recovery often intersects with the demands of a legal timeline.
Purpose of Personal Injury Lawsuits
Accidents of all kinds can vary in the severity of the damage they cause. Some of the most tragic cases result in loss of life, and in that instance the victim’s grieving family may be able to seek compensation for the loss of their loved one’s contributions to the family welfare, as well as for expenses arising from the individual’s final medical treatments and funeral costs.
When the victim of an accident survives, often he or she will pursue a personal injury claim. The legal logic behind compensation in personal injury cases is usually to restore the wronged party as nearly as possible to the condition of physical and financial health they would reasonably have continued to enjoy, had the incident in which they were injured never occurred. With a catastrophic injury that results in paralysis, it usually becomes obvious to all involved that “as nearly as possible” will not be near at all; much will depend on the prognosis offered by medical professionals, but in many cases the determination of an appropriate payment is complicated, even when the at-fault party (or their insurer) is willing to negotiate, simply by the fact that the usual goal sought under the law is out of practical reach.
Maximum Medical Improvement
One of the most frustrating aspects of a paralysis case may be the need to wait for what is known as “maximum medical improvement.” Maximum medical improvement, or MMI, is a term doctors and other healthcare professionals use to describe the point at which a patient’s condition has improved to the greatest extent expected under current medical treatments. Once MMI has been reached, then continuing treatments may be needed to keep the patient’s condition from regressing (for instance, patients with some injuries may need regular physical therapy sessions in order to maintain the mobility gains they have made during recovery, while others may need periodic maintenance for medical devices, such as prostheses, that may need to adapt with the individual’s body over time). However, additional treatments are not expected to result in any further improvements, such as reduced pain levels or increased stamina or range of motion.
MMI can be important in any personal injury case in which an accident victim needs an extended recovery period, but determining MMI can often be more difficult in severe injury cases because the extent of the physical damage, and often the involvement of multiple systems throughout the body, can introduce a number of variables that make it challenging for healthcare providers to determine realistic timelines and expected outcomes. Spinal cord injuries in particular are known for being unpredictable in the early stages of a patient’s recovery, and often the only way to be sure MMI has been reached is to wait for a patient’s recovery to stall, and then to try all available methods for attempting to resume progress. Only after all of these attempts have failed can medical staff be sure the patient has reached their maximum medical improvement. An experienced personal injury attorney with Steelman Gaunt Crowley may be able to explain more about how MMI could affect your paralysis case in a personalized consultation.
Complex Calculations
The compensation sought by plaintiffs in personal injury cases is usually divided into two categories, according to Cornell Law School’s Legal Information Institute (LII): Economic damages and non-economic damages (a third category of damages, called punitive damages, may apply in some cases, but these payments are not generally considered to be part of a victim’s compensation). Economic damages include factors such as the cost of medical care needed to treat injuries, and potentially the value of wages lost due to work missed during recovery. Non-economic damages are intended to help make up, however imperfectly, for such intangibles as loss of enjoyment (for instance, of formerly pleasurable recreational activities the injured individual is no longer able to pursue) and sometimes pain and suffering (the requirements for this category vary by state).
The calculations for both economic and non-economic damages tend to be complicated in catastrophic injury cases. The overall amounts involved in these cases are often greater compared to the totals in cases involving minor injuries, and when an individual’s bodily injuries are extensive it may be some time before their condition stabilizes sufficiently to allow for an accurate estimate of what the overall costs of even acute care may be. In paralysis cases, it may not be possible to estimate the economic damages brought about by lifelong physical disability until maximum medical improvement has been reached, particularly because evaluating the true extent of spinal cord damage, which the Mayo Clinic explains is a common cause of injury-related paralysis, can be difficult in the early stages of a victim’s recovery. The timeline for developing an accurate assessment of non-economic damages may be more flexible, but still often requires the individual to recover enough to achieve a sense of the activities they will and will not be able to resume, as well as how these outcomes may affect their quality of life.
Why Choose a Paralysis Lawyer?
Individuals injured through the wrongful actions of others (often but not always as a result of negligence) often choose to hire an attorney to pursue compensation on their behalf. Reasons for making this decision vary, but generally speaking time constraints for undertaking the many steps that may be needed to advance a claim and lack of familiarity with the legal processes necessary if the case must go to court are likely to play a role. Both of these reasons may also apply to severe injury cases, but there are two main practical reasons why individuals who have been paralyzed as a result of an incident precipitated by someone else’s wrongful conduct may particularly wish to seek out the services of an experienced paralysis lawyer.
Prioritizing Recovery
Anyone who has been paralyzed faces a daunting journey. The extent of that journey may depend to some extent on whether the paralysis is expected to be permanent and how many bodily systems are affected, but these considerations in themselves often present an uncertain timeline at a moment when mounting medical expenses make moving forward with a claim increasingly urgent. A paralysis lawyer is often in a position to get the claim process under way, while the patient continues to focus on their own recovery.
Complexity and Sensitivity of Discussions
Personal injury attorneys handle complex calculations for economic and non-economic damages as a matter of course, so they can often be helpful in identifying long-term costs that an individual still recovering from their injuries might be apt to overlook. In cases involving paralysis, those calculations often involve sensitive details about the patient’s bodily functions and the impacts these injuries may have on the individual’s intimate relationships going forward – matters most people are not used to thinking of in terms of eligibility for compensation. While there is absolutely nothing to be embarrassed about in addressing these topics honestly, many individuals understandably find it uncomfortable to discuss the most personal details that show how their injury impacts every aspect of their quality of life. Working with an experienced paralysis lawyer who is familiar with the special considerations that often arise in these cases and knows how to handle the necessary statements and documentation in a sensitive yet professional manner can greatly lower the emotional and mental challenges involved in developing an account of the case that clearly and accurately reflects the losses resulting from catastrophic injuries.
Speak With an Attorney Experienced in Life-Altering Injury Cases
Not all personal injury firms have substantial experience in catastrophic injury cases, so you may wish to look for a firm that has a documented history of favorable outcomes for clients suffering from severe injuries. If you do choose to work with a paralysis lawyer, finding an attorney with whom you feel comfortable is of paramount importance. Steelman Gaunt Crowley offers initial consultations with no cost or obligation for precisely this reason. Call our Rolla office today at (573) 341.8336 to schedule yours.
