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Charleston Catastrophic Injury Lawyer

Personal injuries can vary, resulting in a minor cut or scrape, or something as serious as a disability that can keep you from returning to work or carrying out basic activities. When a personal injury is that severe, it is considered a catastrophic injury.

If you incurred a catastrophic injury due to someone elseโ€™s negligence or reckless behavior, legal action is necessary. Trey Harrell Car Accident and Personal Injury Attorney will see to it that you are compensated for your damages. Call 843-701-8029 to find out how we can help.

What Actually Is a Catastrophic Injury?

A catastrophic injury is an injury thatโ€™s so severe, it keeps you from going back to your daily life. This can lead to a devastating reduction of income. It can also greatly reduce your quality of life.

Catastrophic injuries usually affect the bodyโ€™s central nervous system. The nervous system plays a major role in the bodyโ€™s command center, so it takes the helm in various functionalities. When damage occurs, it can cause a considerable decrease in movement and cognition.

Examples of catastrophic injuries include the following:

  • Spinal cord injuries: The spine is responsible for supporting the body. It is home to various nerves that travel to the rest of the body. If a spinal injury occurs, it can severely limit movement and it may even cause paralysis.
  • Brain injuries: Brain injuries come in the form of less severe concussions and more serious traumatic brain injuries (TBIs). A TBI can lead to ongoing issues like dizziness, headaches, and permanent cognitive damage.
  • Severe burns: Burns range in severity from first degree to third degree. A third-degree burn can do damage below the skinโ€™s surface. It can cause infection and disfigurement and it can require ongoing surgeries and care.
  • Serious breaks and fractures: While most broken bones heal in time, serious fractures may require several surgeries and may lead to ongoing pain.
  • Organ damage: Organ damage is not always apparent at first, but it is quite serious. It can even be fatal. If you are in a catastrophic accident, itโ€™s best to get medical attention immediately to ensure organ damage did not occur.
  • Amputated limbs: If the extremities are seriously injured, an amputation may be necessary. Amputations can seriously limit functionality.
  • Loss of sight and hearing: A loss of sight can occur in chemical related accidents. Hearing can be damaged by loud explosions. Either can be detrimental to your employment status.

What Are the Causes of Catastrophic Injuries?

Catastrophic injuries are caused by the same events that lead to any other kind of personal injury. The difference is that the nature of the event is more severe, so it results in extensive damages.

Common causes of catastrophic injuries include:

  • Road accidents: Accidents involving pedestrians, cars, bikes, trucks, or motorcycles can be particularly catastrophic if a vehicle hits an object that is much smaller than itself.
  • Slip and falls: Slip and falls can be catastrophic if a person falls from great heights and/or lands at an unfortunate angle.
  • Product defects: Products that are not dangerous and/or not properly labeled can do extensive damage. Products such as medications and household items, may contain chemicals that make you gravely ill. Heavy tools that pose a hazard can cause extensive injuries.
  • Medical malpractice: We expect doctors to take care of us. But sometimes they act in a negligent manner that can lead to a permanent injury. Medical malpractice is not easy to prove, but your Charleston catastrophic injury attorney will see to it that you get justice.
  • Fires and explosions: Fires and explosions can cause serious burns, a loss of hearing and they can negatively affect your respiratory system.
  • Animal bites: When dogs or other animals think they are being threatened, they can be quite vicious. A big enough animal can cause broken bones, amputations, and permanent disfigurement.

The Long-Term Impact of Catastrophic Injuries in Charleston

Life after a catastrophic injury looks completely different from life before. Many victims find themselves facing challenges they never imagined. Charleston’s warm climate and active lifestyle make these limitations even more difficult to accept. Simple activities like walking along the Battery or enjoying a day at Folly Beach become unattainable desires.

Recovery from catastrophic injuries often takes years. Some people never fully recover. The medical journey includes multiple surgeries, extensive rehabilitation, and ongoing treatments. Physical therapy becomes a regular part of life. Occupational therapy helps people learn new ways to complete daily tasks. Speech therapy may be necessary after brain injuries.

Families often become caregivers overnight. Spouses, children, and parents must learn medical care techniques. They help with basic needs like bathing, dressing, and eating. The emotional toll on family members can be enormous. Support systems become crucial for everyone involved.

Financial pressures mount quickly. Medical bills arrive daily. Lost wages create additional stress. Home modifications may be necessary to accommodate wheelchairs or other mobility aids. Specialized equipment costs thousands of dollars. Insurance often falls short of covering all expenses.

The Legal Process for Catastrophic Injury Claims in Charleston

Filing a catastrophic injury claim involves many complex steps. Evidence collection begins immediately after the accident. Police reports provide official documentation. Medical records show the extent of injuries. Witness statements help establish what happened.

Insurance companies often try to settle quickly after catastrophic accidents. These early offers are usually much lower than what victims deserve. They count on people being overwhelmed and accepting less money. Having legal representation helps ensure fair compensation.

Specific Challenges Faced by Charleston Catastrophic Injury Victims

Charleston’s historic architecture creates unique accessibility challenges. Many buildings predate disability access requirements.

Narrow doorways and steep stairs make navigation difficult for wheelchair users. Historic preservation rules can limit modification options.

The city’s cobblestone streets and uneven sidewalks present mobility challenges. These surfaces are difficult for wheelchairs and people using walking aids. Curb cuts may not exist in older parts of downtown. Getting around independently becomes much harder.

Employment opportunities may be limited for people with catastrophic injuries. Charleston’s economy relies heavily on tourism and hospitality. Many jobs in these industries require physical abilities that may be impaired after a catastrophic injury. Career changes often become necessary.

Housing modifications can be expensive in Charleston’s competitive real estate market. Many homes are older and require extensive renovations for accessibility. Rental options with disability features are limited. Some families must relocate to find suitable housing.

Building a Strong Catastrophic Injury Case

Documentation plays a crucial role in catastrophic injury cases. Every medical appointment should be recorded. All bills and receipts must be saved. A daily journal helps track pain levels and functional limitations. Photos of injuries and their progression provide visual evidence.

Expert witnesses often testify in catastrophic injury cases. Medical experts explain the extent of injuries and future needs. Vocational experts discuss how injuries affect earning capacity. Life care planners calculate the cost of future medical needs. These professionals help juries comprehend the true impact of catastrophic injuries.

Future damages require careful calculation. Current medical expenses are just the beginning. Ongoing care costs must be projected over a lifetime. Lost earning potential includes both current salary and future advancement opportunities. Quality of life damages account for the inability to enjoy activities once loved.

The discovery process allows personal injury attorneys to gather evidence from the other side. Depositions involve sworn testimony from witnesses and parties involved. Document requests reveal important information. Medical examinations by independent doctors may be required.

Types of Evidence That Strengthen Your Case

Medical records form the foundation of any catastrophic injury case. These documents must be complete and accurate. They should show:

  • The initial diagnosis and treatment immediately after the accident
  • All subsequent medical care, including surgeries and rehabilitation
  • Future medical needs as determined by treating physicians

Economic evidence demonstrates financial losses. Pay stubs show lost wages. Tax returns establish earning history. Employment records prove advancement potential. Bills and receipts document out-of-pocket expenses.

Physical evidence from the accident scene can be crucial. Photos show dangerous conditions. Video surveillance may capture the incident. Product defects require preservation of the item that caused injury. Expert analysis of this evidence often reveals important details.

The Emotional Journey After a Catastrophic Injury

Grief is a normal response to catastrophic injury. People mourn the loss of their former abilities. Anger often follows as the reality sets in. Depression is common as people adjust to their new limitations. Professional counseling helps many people work through these emotions.

Relationships change after catastrophic injuries. Some friends may not know how to act around someone with a disability. Dating can become more challenging. Marriage relationships face new stresses. Children may struggle to adapt to a parent’s changed abilities.

Independence takes on new meaning. Tasks that were once automatic now require planning. Simple errands may need assistance. Work schedules must accommodate medical appointments. Social activities may require accessibility considerations.

Hope remains important throughout the recovery process. Many people find new purposes after their injuries. Some become advocates for disability rights. Others mentor fellow survivors. Adaptive sports programs help people stay active. Technology continues to improve the quality of life options.

Working with Insurance Companies After a Catastrophic Injury

Insurance adjusters are trained to minimize claim payouts. They may seem helpful initially, but remember, they work for the insurance company. Their goal is to save money for their employer. Having a skilled legal representative levels the playing field.

Documentation is crucial when dealing with insurance companies. All communications should be in writing. Phone conversations should be followed up with written summaries. Deadlines must be met precisely. Missing deadlines can result in claim denials.

Multiple insurance policies may apply to catastrophic injury cases. The at-fault party’s liability insurance provides primary coverage. Your own insurance may provide additional benefits. The following policies might be involved:

  • Auto insurance for vehicle accidents
  • Homeowner’s or renter’s insurance for slip and fall accidents
  • Business insurance for workplace injuries

Insurance companies often request independent medical examinations. These doctors work for the insurance company, not for you. They may try to minimize your injuries or claim they are pre-existing conditions. Your attorney can help prepare you for these examinations

What Damages Can I Be Compensated for in a Catastrophic Injury Accident?

The damages you can collect in a catastrophic injury accident are similar to those you can collect in other types of personal injury accidents. However, the amount will be considerably higher due to the severity of the injuries. Here are some damages that may be covered in your lawsuit.

  • Loss of earning potential: After a catastrophic injury occurs, you may be unable to go back to your current position or you may not be able to return to work at all. The defendant will need to cover the discrepancy in wages.
  • Emotional pain and suffering: Many people deal with PTSD and trauma after being involved in a catastrophic accident. It can be a complex issue finding a monetary amount to cover these damages, but your Charleston catastrophic injury lawyer will be able to calculate fair compensation. Your mental healthcare expenses may be included in the damages.
  • Punitive damages: If the defendantโ€™s actions in causing your injuries are considered excessively reckless, punitive damages may be included in compensation. These are meant to discourage the defendant from exhibiting similar behavior in the future.
  • Medical expenses: After a catastrophic accident, you are likely to need extensive medical care immediately after the accident as well as ongoing care such as rehab, prescriptions, and the installation of any items needed to make your home disability-friendly.

A Charleston Catastrophic Injury Lawyer Can Help You Get the Compensation You Deserve

A catastrophic accident can greatly reduce quality of life. If you were seriously injured, you deserve compensation, and when you contact Trey Harrell Auto Accident and Personal Injury Attorney, we will fight for your compensation and the opportunity to rebuild your life.

Trey Harrell has extensive experience with personal injury law. Trey helps by ensuring we wonโ€™t see a dime unless we help you win your case.

If youโ€™ve suffered a catastrophic injury, donโ€™t delay. Call Trey today.

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