When someone suffers a catastrophic injury, it is understandable for the injured person and their family to want the legal process resolved as quickly as possible. Medical bills may be accumulating, the injured person may be unable to return to work, and the family may be facing an uncertain financial future. Yet cases involving traumatic brain injuries, spinal cord damage, permanent disability, amputations, and other life-altering injuries can take considerably longer to resolve than less severe personal injury claims.
The additional time does not necessarily mean that something has gone wrong with the case. Catastrophic injury litigation often involves complicated medical evidence, significant future damages, multiple potentially responsible parties, expert testimony, and substantial disputes over liability and causation. Before a case can be properly evaluated, attorneys may need to develop a detailed picture of how the accident occurred and how the injury will affect the individual for years to come.
The Full Extent of an Injury May Take Time to Become Clear
Immediately following a serious accident, doctors may not be able to predict exactly how much a patient will recover.
A person with a traumatic brain injury, for example, may undergo months of treatment and rehabilitation before physicians can better understand the extent of any permanent cognitive or physical limitations. Someone with a spinal injury may require surgery followed by extensive rehabilitation, with additional procedures potentially necessary in the future.
Resolving a claim before the medical picture becomes clearer can make it difficult to understand the person’s long-term needs.
Catastrophic injury cases therefore frequently require extensive medical documentation and testimony concerning the person’s diagnosis, treatment, prognosis, limitations, and anticipated future care.
Future Medical Needs Can Be Significant
A catastrophic injury can create medical needs that continue for years or even for the remainder of a person’s life.
Depending on the injury, those needs could include future surgeries, rehabilitation, medications, medical equipment, attendant care, or modifications to a home or vehicle. Some individuals may require assistance performing everyday activities that they previously handled independently.
Determining the potential cost of that care requires more than simply adding up the medical bills that have already been incurred. Medical professionals and other experts may be needed to evaluate what treatment and assistance will likely be necessary in the future.
The younger the injured person is, the longer those potential needs may continue.
Lost Earning Capacity Must Be Evaluated
Catastrophic injuries can also permanently change someone’s ability to work.
An individual may be unable to return to a physically demanding career, may only be capable of working in a more limited capacity, or may be unable to return to employment at all. Determining the financial impact can involve examining the person’s employment history, earnings, education, skills, physical restrictions, and expected career trajectory.
This is different from calculating a few weeks or months of lost wages.
When an injury affects decades of potential employment, economists, vocational specialists, physicians, and other professionals may become involved in evaluating the long-term consequences.
Multiple Defendants Can Make Litigation More Complicated
Serious accidents frequently involve more than one potentially responsible party.
A construction accident might involve contractors, subcontractors, property owners, equipment companies, and manufacturers. A commercial trucking accident could raise questions involving the driver, trucking company, maintenance providers, or other businesses. Maritime cases can involve employers, vessel interests, contractors, equipment manufacturers, and additional entities.
Each defendant may dispute responsibility or argue that another party caused the accident. Attorneys may need to examine contracts, company records, maintenance documents, safety procedures, witness testimony, and other evidence to determine the role each party played.
When numerous defendants are involved, discovery and litigation can become significantly more extensive.
Defendants May Strongly Contest Causation and Damages
The financial stakes in catastrophic injury cases can be substantial. As a result, defendants and their insurers may closely scrutinize both how the accident occurred and whether all of the claimed medical conditions resulted from it.
Questions may arise about pre-existing medical conditions, the progression of symptoms, whether particular treatments are necessary, and whether future limitations are attributable to the accident.
Depositions of physicians, examinations by medical professionals, expert reports, and detailed reviews of medical records may all become part of resolving these disputes.
Complex Cases May Require Numerous Experts
Expert testimony can play a significant role in catastrophic injury litigation.
Depending on the circumstances, accident reconstruction specialists may analyze a collision, engineers may examine failed equipment or unsafe structures, physicians may testify about permanent injuries, and vocational or economic experts may evaluate future employment and financial losses.
Each expert needs sufficient information to evaluate the relevant issues and develop an opinion. Their conclusions may then be challenged by experts retained by opposing parties.
This process takes time, but it can be essential when complicated technical or medical issues must ultimately be explained to a judge or jury.
Building a Catastrophic Injury Case Takes Time
There is no single timeline for resolving a catastrophic injury claim. Some cases may settle without trial, while others require years of litigation because of disputed liability, complicated injuries, multiple defendants, or difficult legal issues.
The goal should not simply be to resolve a serious injury case as quickly as possible. It is important to understand the evidence, the extent of the injuries, the person’s anticipated future needs, and the parties that may bear responsibility before reaching a resolution.
BRILL & RINALDI, The Law Firm represents individuals and families in complex catastrophic injury cases. If you or a loved one has suffered a life-altering injury, schedule a consultation today by calling (954) 876-4344 or filling out the online form. We have offices in Weston, Coral Gables, and Daytona Beach.
Disclaimer: The information above is for general informational purposes only and does not constitute legal advice. Every case is different, and results are not guaranteed.