A catastrophic injury is a serious, life-altering physical or psychological injury that results in long-term disability and/or disfigurement. These injuries are often caused by motor vehicle accidents, medical malpractice, workplace accidents, defective products, or acts of violence. Catastrophic injuries can include traumatic brain injuries (TBIs), spinal cord damage, burns, amputations and organ failure. Victims of catastrophic injuries may experience severe pain and suffering as well as financial loss due to the inability to work or participate in activities they once enjoyed. Winston-Salem catastrophic injury attorneys help victims get the compensation they need for their losses and assist them on their journey towards recovery.
Catastrophic injuries may include, but are not limited to:
- Traumatic Brain Injuries (TBIs): TBIs can range from mild to severe and are often caused by car accidents, medical malpractice or physical assaults. Symptoms include headaches, memory loss, seizures, hearing impairment, or vision problems.
- Spinal Cord Damage: The spinal cord is essential for the functioning of our limbs and vital organs; any damage to it can lead to partial paralysis or damaging nerve pain that may never heal completely without proper treatment. Common causes of spinal cord injuries include automobile accidents, sports-related activities and construction site mishaps.
- Burns: Thermal burns occur when skin comes into contact with extreme heat sources such as open flames or hot liquids. Chemical burns happen when harsh substances come into contact with your skin resulting in serious scarring and permanent disability in some cases.
- Amputations: Loss of a limb due to an accident can cause serious psychological trauma in addition to physical challenges. People living with a missing limb often face deep financial burdens such as rehabilitation needs, prosthetics expenses and long-term care costs. These types of catastrophic injuries are commonly caused by workplace accidents involving heavy machinery like factory equipment or agricultural tools/vehicles like tractors/bulldozers.
- Organ Failure: Organ failure can be caused by physical trauma or medical negligence. Such damage often results in long-term disability or even death. Recovery times can be extensive and in some cases, the catastrophic injury victim may never fully recover.
FAQs About Catastrophic Injury Claims in NC
How is fault determined in a catastrophic injury case?
North Carolina follows a strict contributory negligence rule, which means that if the injured party is found to be even 1% at fault for the accident, they may be barred from recovering any compensation. This makes it crucial to gather strong evidence and present a clear case proving that another party was entirely responsible. This could involve police reports, witness statements, surveillance footage, and expert testimony to establish liability and support the claim.
What compensation is available for catastrophic injury victims?
Victims of catastrophic injuries in North Carolina may be entitled to several types of compensation, including medical expenses (past and future), lost wages, loss of earning capacity, pain and suffering, emotional distress, and costs related to long-term care or home modifications. In some cases, if the defendant’s behavior was particularly reckless or intentional, punitive damages may also be awarded. The severity and permanency of the injury typically result in much higher compensation than standard personal injury claims.
How long do I have to file a catastrophic injury claim in North Carolina?
In North Carolina, the statute of limitations for personal injury claims, including catastrophic injuries, is typically three years from the date of the injury. However, there are exceptions—such as cases involving medical malpractice or injuries to minors—where the timeframe can differ. It’s important to consult with a personal injury attorney as soon as possible to ensure your rights are protected and evidence is preserved.
Can family members receive compensation in catastrophic injury cases?
Yes, in many cases, family members of a catastrophic injury victim may also be entitled to compensation. For example, spouses may pursue damages for loss of consortium, which covers the loss of companionship, emotional support, and intimacy. If the injury leads to wrongful death, surviving family members may be eligible to file a wrongful death lawsuit, seeking compensation for funeral expenses, loss of income, and emotional distress.
Do I need an attorney to file a catastrophic injury claim?
While it’s legally possible to file a catastrophic injury claim on your own, it’s highly advisable to work with an experienced personal injury attorney. Catastrophic injury cases are often complex and involve high stakes, both financially and emotionally. An attorney can handle negotiations with insurance companies, gather expert witnesses, and build a strong legal strategy to maximize compensation. Additionally, because of North Carolina's contributory negligence law, having skilled legal representation can be the difference between winning and losing your case.
How Can an Attorney Help Your Catastrophic Injury Claim?
Catastrophic injuries often result in permanent disability and physical or mental impairment for the victim, which may require them to need long-term medical care or prevent them holding a job. In order to get the maximum of compensation they deserve to cover all the losses they have sustained, victims of catastrophic injuries should contact an attorney as soon as possible.
Our catastrophic injury attorneys in Winston-Salem can help victims:
- Investigate the incident that caused the catastrophic injury: Catastrophic injury attorneys will thoroughly investigate the circumstances surrounding an accident or incident, including speaking with witnesses, obtaining relevant records and documents, and gathering evidence to build a strong case.
- Determine liable parties: Catastrophic injury attorneys can help determine who may be responsible for causing or contributing to your injuries and seek compensation from them on your behalf.
- Calculate damages: They calculate all of the losses you have suffered due to the catastrophic injury such as medical bills, lost wages, emotional distress etc. This will allow your attorney to develop an appropriate claim value for settlement negotiations or litigation at trial if necessary.
- Negotiate settlements: Attorneys experienced in handling catastrophic injury cases can often negotiate settlements without going through a long court battle, which saves time and money while still providing financial relief for their clients' injuries/losses.
- Go to trial: In some instances it may be necessary to take a case all the way through trial. A serious injury lawyer will represent you effectively before juries, judges and other decision makers in both state courts & federal courts throughout North Carolina.
At Comerford Chilson & Moser, L.L.P., we understand how devastating catastrophic injuries are for victims and their families, and we are dedicated to helping injured individuals get the compensation they need. We will fight to help you get the compensation to cover medical expenses, lost wages, pain and suffering, and other damages associated with your life-altering injuries. Our North Carolina catastrophic injury attorneys have decades of experience handling cases involving serious injury claims and strive for maximum recovery.
We Aggressively Pursue Each Claim to Get Maximum Compensation
Insurance companies, product manufacturers, government agencies and other responsible parties may deny reasonable claims for compensation, hoping to take advantage of your grief, confusion, and the impact medical treatments have on your life.
Our attorneys have the experience and the resources to pursue complex catastrophic injury litigation, challenging large corporations and government agencies in both state and federal courts.
Representative cases include those where victims suffered from:
- Serious burns
- Chemical spills
- Amputations
- Nerve damage
- Paraplegia
- Quadriplegia
We also represent families in claims for wrongful death.
Schedule Your Initial Consultation Today
Not every case will result in a settlement or judgment for the plaintiff. No attorney fees are charged unless there is a recovery.
Speak with our attorneys by contacting us directly at (336) 568-8779 or through our online form.
