Catastrophic Injury FAQs
If a loved one or myself has suffered massive injuries due to someone elses negligence, what should I do?
Immediately consult a lawyer! Never, ever will the negligent party or the insurance company provide adequate compensation. Most people do not understand that recovering for a massive injury requires a lot of projected estimates for future care and treatment as well as compensation for loss of quality of life and economic loss. Life Care Planners, Economic Experts, and Medical Experts are needed to show the loss to the injured person. During recovery, it is crucial that all aspects of the treatment and recovery are documented.
Our firm immediately investigates the liability portion of the claim. This means a thorough investigation by investigators and our firm to make sure there is no question of liability. In North Carolina, because we are a “contributory negligence” state, if you are even 1% at fault you cannot recover.
Experience has taught us that insurance companies are not going to voluntarily pay large sums of money so we know that someone with massive injuries will more than likely end up going to Court. However, we wait until the person has recovered as much as possible before we file the lawsuit. In North Carolina, you have two years from the incident date if someone dies and three years if someone is injured only.
Someone with massive injuries or when it involves a death case can expect to have the claim take two to four years from start to finish. Our experience tells us that if there is no dispute as to liability, then at some time during the lawsuit, usually at mediation, the claim can settle. However, if the defendant believes a jury may question liability the insurance company is likely going to go to trial.
Because of the large amount of out-of-pocket expenses, most law firms think twice about handling a large claim. That is why you need to have a firm who has the financial resources to fund the case. You would then be required to pay these costs back to the firm if you obtain a recovery. If you do not obtain a recovery, then you owe the firm no fee but would be responsible for the costs. Costs in cases such as these easily run $25,000.00 or more.
Frankly, a good law firm experienced in these type of claims will give you an opinion as to whether or not you should proceed. If your chances of recovery are slim then the advice will be not to proceed. You need to make sure you are consulting with a lawyer who has the experience to know when you should go forward.