Are Future Medical Costs Recoverable in Catastrophic Injury Cases?
Yes, future medical costs are recoverable in a catastrophic injury case, and our firm pursues all of those damages. We would likely hire expert economists and or an expert vocational rehab expert that would help us put together the loss of earnings component to any of the serious catastrophic injury cases.What Steps do I Need to Take if a Loved One has Suffered Catastrophic Injuries due to Someone Else’s Negligence?
In catastrophic injury cases, it's very important to retain counsel sooner rather than later. An investigation should be conducted as soon as possible. I know in our firm we would immediately hire an investigator to go to the scene to gather any evidence and statements from any witnesses. The timing is more important in a catastrophic injury case, because the injuries are so severe, and there's a lot more at stake.Can a Family Member File a Lawsuit on Behalf of the Injured Party?
Sometimes a family member can file a lawsuit on behalf of the injured person. If an injured person has a power of attorney signed, the person designated as their agent can pursue a claim or a lawsuit on their behalf. If somehow as a result of the accident, the person has become incapacitated, and there is no power of attorney in place before the accident, we usually will get someone in the family appointed as guardian, so that we can at least take those initial steps to preserve evidence and protect the person's rights.How Does Compensation Differ Between Catastrophic and Other Personal Injury Claims?
In most catastrophic injury cases, the person who was harmed by someone else's negligent acts can no longer work, and has no real prospect of returning to work. In these cases, the proof of lost wages, and what the person was going to earn going forward, becomes a more important component of the damages that we can claim. Like I mentioned before, that's why it's important to get the vocational rehabilitation expert involved, as well as an economist to really solidify those numbers and present them to the other side, whether it be for settlement purposes or at trial.Will Catastrophic Injury Cases Also Contain Wrongful Death Damages or is That a Separate Case?
If the catastrophic injury ultimately results in the death of the person, we would likely claim all of the damages that we would claim in an injury case, and we would also add a claim for wrongful death. In New York, under the Wrongful Death statute, an injured person, or the descendants of the deceased person, can recover for any pecuniary loss to them as a result of the death.
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