Catastrophic Injuries: How Attorneys Determine Value of Non-Economic Damages

Posted on November 9, 2021 in Personal Injury

Catastrophic injuries can suddenly turn your life upside down. You might not be able to work, you might have suffered a disability, or you might not be able to live without assistance. Life as you know it may be over.

A serious injury can result in you incurring millions of dollars in medical debt, in addition to the loss of employment opportunities. This type of injury can also negatively impact your relationship with loved ones because you are now dependent on them.

Catastrophic injuries can occur in a variety of ways. Some of the most common include auto accidents, truck accidents, workplace incidents, fires, violent attacks, and many other scenarios. It is vital that you distinguish a catastrophic injury from less severe injuries during a civil lawsuit.

You can file a lawsuit against the party responsible for your injuries to seek damages to recover some of the money you lost and to compensate you for ongoing care and expenses. It’s essential to work with a catastrophic injury attorney to ensure you are seeking all of the damages you are owed.

When to File your Lawsuit

Section 12-542 of the Arizona Statutes sets forth that in most personal injury cases:

there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward. . . [f]or injuries done to the person of another.

While two years may seem like a long time, you should not delay in getting your lawsuit started. Failure to timely file can lead to your claims to compensation being barred. You do not want to have any questions regarding the timeliness of your filing.

How to Determine Your Compensation

Every injury and every case is different, so it is important to confer with an expert to help determine the compensation you are entitled to for your damages suffered. When an attorney determines how much to seek in damages for your catastrophic injuries, he or she will look at the specifics of your case.

Some of the expenses you can seek compensation for include:

· Medical care that you received in the past.

· Medical care needed now and in the future.

· Loss of current income.

· Loss of potential earnings.

· Cost of personal care.

· Cost of therapy or counseling.

Your attorney will also try to seek compensation for emotional pain, including the loss of life enjoyment and pain and suffering.

While your attorney will include future expenses in the damages claim, he or she will also need to look at your past and current costs. It’s important to provide your lawyer with past medical bills, past earnings statements, and any other receipt or invoice from other expenses.

You should also provide your attorney with all of your medical records. This will help your lawyer prove your prognosis and what kind of care and treatment you will need in the future.

How Loss Is Calculated for Catastrophic Injuries

If you lost a limb, your eyesight, hearing, or suffered another type of loss, your attorney can seek additional compensation. These injuries can diminish your quality of life and can require additional care and equipment, both currently and in the future.

Your attorney will determine what types of care you will need for your recovery and will include these in your claim. These items can range from prosthetic limbs to larger items, like handicapped-accessible renovations for your home.

Contact Experienced Attorneys for Catastrophic Injuries

If you or a family member suffered a catastrophic injury, contact the attorneys at Gallagher & Kennedy at 602-530-8400. We care about our clients and are committed to using our skills, work ethic, and resources to help you or your family obtain compensation and justice.

If you or someone you love sustained a catastrophic injury because of another person’s carelessness or misconduct, Arizona’s civil justice system gives you the right to hold that party legally accountable for your damages. A successful claim with help from Gallagher & Kennedy could result in a payout for your lifelong medical bills, pain and suffering and many other losses.

Contact our Phoenix catastrophic injury lawyers today to discuss the possibility of a lawsuit. Initial consultations for serious injury lawsuits are free. Let us do what we do best – fight for your right to compensation for damages suffered!