Often, insurance will only cover a small part of the total cost of a catastrophic injury. It is often necessary to look for all available avenues of compensation. This is an important reason to hire an attorney who has experience with catastrophic injury cases. For example, car accidents often involve drivers with poor records and little or no insurance. While large jury awards do exist in personal injury claims, they are relatively rare and most accident victims do not receive the full amount they require for recovery. These and other reasons make it vital to consult with an attorney who has experience in catastrophic injury law, in order to protect your rights and find all possible sources of legal recovery or benefits. These scenarios help to demonstrate how an experienced attorney can help to protect your rights:
Severe burns. Burn victims rarely have sufficient insurance coverage. For example, if two drivers suffer burns in a car accident, an experienced attorney will be able to investigate the accident and fire and discover defects in the vehicle or road, hidden assets, or insurances that can greatly increase the amount of damages recovered. Further, an experienced trial lawyer will have a better chance of locating all available insurance benefits.
Brain injury. Accidents causing brain injury can occur in a number of different environments and ways. While an inexperienced attorney might simply seek workers' compensation after a workplace accident, an experienced attorney can explore other options for recovery, such as investigating whether equipment involved in the accident was defective. In addition, an experienced attorney will better be able to examine medical records for possible malpractice and determine liability in areas like a construction site, where multiple parties have varying degrees of control over an area and therefore varying degrees of legal responsibility for an accident.
Childhood injuries. Childhood injuries, especially fractures, can require difficult medical procedures even after the fractures heal. An improperly cared-for limb can be permanently impaired. A lawyer with experience in catastrophic injury can anticipate problems like these and make certain that damages cover this possible outcome.
Drunk-driving accidents. If you are struck by a driver without liability insurance, your attorney may advise you that you can only recover your own uninsured driver benefit. However, a more experienced attorney can help to build a case against other responsible parties, such as the bar or restaurant that served the drunk driver. Also, a possible defect in your car or the other driver's car may serve to justify a product liability claim against one or both car manufacturers. Additionally, defects in the maintenance of the road may have also contributed to causing the accident. The potential claim against the additional party may be overlooked by an inexperienced attorney.
Some states maintain a fund for victims of catastrophic injuries. An experienced attorney can explore this possibility for you.