Some acts of negligence or recklessness have lifetime consequences for accident victims. A catastrophic injury from a car or pedestrian accident, a slip and fall accident, or elder abuse and neglect is typically a disabling injury that requires ongoing medical care and limits the victim’s daily activities and abilities.

It is important after a serious injury that you understand your legal rights. Catastrophic injuries can lead to losses that leave individuals and families facing financial stress and unmanageable medical debt. If someone else caused your injury, you may pursue full compensation from those who are at fault.

If you or a loved one has suffered a catastrophic injury in an accident in Nevada, Sam & Ash Injury Law can help you seek full compensation for your losses. We can help you obtain the best medical care available for the injuries, handle your insurance claims and act as a liaison between you and care providers and other creditors.

We won’t let the insurance company or others take advantage of you as you work to put your life back together. We fight for What’s Right for you.

We are available 24 hours a day to talk and answer your questions. Contact us now to talk for free.

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What Is Considered a Catastrophic Injury?

Catastrophic injuries are characterized by a lengthy recovery process or the lack of full recovery. A catastrophic injury causes debilitating and usually permanent physical and/or mental harm to the individual. Catastrophic injuries may include the loss of a limb, loss of mobility, or loss of one of the major senses such as sight, or hearing.

A victim of catastrophic injury typically suffers some loss of ability among the major life functions and/or bodily functions:

  • Caring for oneself
  • Performing manual tasks
  • Seeing
  • Hearing
  • Standing
  • Walking
  • Bending
  • Lifting
  • Speaking
  • Breathing
  • Thinking
  • Concentrating
  • Communicating
  • Working (gainful employment)
  • Brain function
  • Neurological function
  • Respiration
  • Circulation
  • Digestion
  • Bowel and bladder control
  • Endocrine system functions
  • Immune system functions
  • Reproductive functions

Examples of Catastrophic Injuries

Injuries are considered catastrophic due to the enormous impact they have on the lives of the individuals who experience them. Sometimes the term catastrophic is applied in anticipation of a medical outcome that will severely change the way that the injured person works or lives.

Specific injuries often described as catastrophic include:

  • Traumatic Brain Injuries (TBI) that result in significant physical and cognitive loss
  • Paralysis caused by spinal cord injuries
  • Amputation of a limb, hand, or foot, including traumatic or surgical amputation
  • Internal organ injuries, such as to the heart, lungs, liver, kidneys, or bowels
  • Serious burns such as widespread third-degree burns or fourth-degree burns
  • Facial disfigurement or scarring
  • Multiple bone fractures or crushing injuries
  • Loss of vision
  • Loss of hearing

Some catastrophic injuries can cause multi-system failures, such as major burns leading to respiratory failure. An accident that causes a catastrophic injury may lead to traumatic shock, a drastic drop in blood pressure that can lead to permanent organ damage or death.

A catastrophic injury suffered in an accident will require emergency medical care and typically surgery followed by lengthy hospitalization and rehab. Some cases require multiple surgeries and are attended by teams of medical specialists. If the patient is discharged from the hospital, he or she is likely to be prescribed lengthy courses of rehabilitation.

Some survivors of catastrophic injury require adaptive devices to resume daily functions, such as wheelchairs or prosthetics. Some are bedridden, either at home or in long-term residential care.

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Proving Negligence in a Catastrophic Injury Case

The objective of a personal injury claim after a catastrophic injury accident is for the injured person to recover compensation for the extensive financial losses incurred because of someone else’s negligence or recklessness. In addition, Nevada personal injury law allows the injured party to seek compensation for their pain and suffering.

To recover compensation in a catastrophic injury case, the injured person must show:

  • The defendant had a legal duty to act in a reasonably prudent manner to avoid jeopardizing the person’s safety
  • The defendant breached that duty of care by acting with negligence or recklessness
  • The defendant’s breach was the cause of the person’s catastrophic injury
  • The plaintiff’s injury can be made better with compensation

Depending on the facts of the case, you may seek compensation for:

  • Medical expenses related to the accident, including emergency response, surgery, hospitalization, rehab, and projected future medical costs
  • Lost wages during hospitalization and recovery
  • Lost earning capacity due to permanently disabling injuries
  • Property damage, such as damage to a car
  • Incidental expenses related to injuries, such as the cost of hiring help at home
  • Physical pain and suffering endured as a result of injuries
  • Mental anguish suffered as a result of injuries
  • Diminished quality of life from disabling injuries
  • Loss of financial and/or emotional support from a family member who has suffered disabling injuries

In a catastrophic injury case, a majority of compensation sought is for medical expenses. The cost of medical care to save the life of a catastrophic injury victim is only the start. In many catastrophic injury cases, compensation for medical expenses includes the cost of ongoing needs.

To calculate the total compensation that a permanently disabled client will need to live independently, we consult rehabilitation professionals to develop a life care plan. This detailed report is a plan for the current and future needs of individuals who have experienced catastrophic injury and their associated costs. It provides a way to plan for the lifetime needs of an individual who has suffered a disabling injury.

A life care plan spells out detailed yearly costs for:

  • Medical care, including routine testing, treatment, counseling
  • Medications
  • Medical equipment
  • Therapy and medical treatments
  • Adaptive equipment and aids for independent functioning
  • Facility or home care
  • Transportation
  • Home renovations to accommodate a wheelchair

We will investigate to identify each individual or business that has liability for the accident. At the same time, we will calculate all your losses associated with the catastrophic injury. We will present our evidence and demands for compensation to insurers who have extended coverage to the parties who injured you. Our attorneys negotiate aggressively for full compensation to you.

Most claims are settled through negotiations. We will present any settlement offer to you with our advice as to its acceptability. If we are unable to obtain a settlement offer acceptable to you, we will be prepared to file a catastrophic injury lawsuit in your name and present a persuasive case in court.

Comparative Negligence in a Las Vegas, NV Injury Claim

Nevada courts follow a doctrine of modified comparative negligence when juries consider personal injury claims. If a jury decides a plaintiff should be awarded compensation, the jury must then decide the comparative negligence of each party in the accident, which is expressed as a percentage.

If a plaintiff is judged to be more than 50% at fault, the plaintiff is not eligible to receive damages. If the plaintiff’s share of fault is 50% or less, the plaintiff may receive compensation. But any amount of compensation awarded will be reduced in proportion to the share of fault assigned to the plaintiff.

For example, if you fell and were injured because of a hazard a store owner in Las Vegas neglected to correct, you may be awarded damages. But if there was evidence that you were looking at your phone when you fell, the jury could decide you were partly to blame for your injury. If the jury said you were 25% to blame, the judge would reduce a $100,000 award to $75,000.

Nevada does not apply comparative fault rules to:

Comparative fault is not strictly applied during settlement negotiations for a catastrophic injury claim. But evidence of your negligence in an accident would have an impact on discussions. In negotiations or in court, our attorneys at Sam & Ash Injury Law would seek to mitigate the impact of any evidence that could damage your claim.

At every turn, we would seek to recover maximum compensation for you.

Talk to a Las Vegas Catastrophic Injury Lawyer Now

If you or a loved one has suffered a catastrophic injury in an accident in Nevada, contact Sam & Ash Injury Law today. Our experienced Las Vegas catastrophic injury attorneys are ready to answer your questions and help you understand your legal options for recovering compensation for your losses. We will provide the compassionate care and advocacy you need during this difficult time.

You deserve What’s Right. For a free case consultation, call us or contact us online today. There is no charge for us to start work on your case. You will only owe a legal fee if we recover money for you.

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