Our California catastrophic injury attorneys help those people who have suffered from severe injuries as a result of someone else’s negligence. Examples of catastrophic injuries include spinal cord injuries, paralysis, and traumatic brain injuries. Victims and their family members in these cases deserve fair compensation for their pain and losses.
Victims can normally file a personal injury lawsuit against:
- people who negligently caused their injuries,
- product manufacturers (in product liability cases),
- private landowners (in premises liability cases),
- dog owners, and
- parent corporations, partners, and other legal entities.
Personal injury attorneys can help file a suit against any of the above parties. They can also help an injured person:
- manage his/her ongoing medical treatment,
- investigate an injury to identify all liable parties, and
- file catastrophic injury claims with the insurance companies of all liable parties.
The Shouse Law Group is a California-based personal injury law firm that represents people in catastrophic injury cases. Attorney Neil Shouse is a Harvard Law School graduate and former prosecutor with 25 years of experience fighting for accident victims.
What is a catastrophic injury in California?
The law states that a catastrophic injury is any injury that permanently prevents someone from performing any gainful work.1
Examples of types of catastrophic injuries include:
- spinal cord injuries,
- injuries causing blindness or deafness,
- amputations or other losses of a limb,
- injuries involving permanent disability,
- severe burn injuries,
- chronic lung damage (for example, from asbestos),
- traumatic brain injury (TBI), or
- other brain injuries that result in permanent cognitive impairment, physical disability, or mood imbalance.
Catastrophic injuries commonly arise out of:
- motorcycle accidents,
- truck accidents,
- construction accidents,
- auto accidents or car accidents, and
- cases involving defective products.
Injury victims who suffer from a catastrophic or serious injury typically undergo extensive medical care and a life-changing experience that often involves a diminished quality of life.
Who is liable in the State of California for catastrophic injuries?
Defendants in these cases normally include:
- negligent parties,
- product manufacturers,
- property owners,
- employers, and
- animal owners.
Note that someone acts “negligently” when he/she fails to act the way a reasonably careful person would in the same situation.2
If victims are successful in filing lawsuits or personal injury claims, they can receive compensation for:
- medical bills and medical expenses,
- lost wages,
- lost earning capacity,
- property damage, and
- pain and suffering.
If a person was killed because of a catastrophic injury, his/her family can likely file a wrongful death lawsuit against the party responsible for causing the accident. Damages can include (but are not limited to):
- burial and funeral expenses,
- amounts the deceased would have earned as income, and
- compensation for the loss of the deceased’s companionship and support.
What is the role of personal injury lawyers in catastrophic accident cases?
Attorneys play an enormous role in personal injury cases involving catastrophic injuries.
They interview accident victims, or their surviving family members, to learn all the important facts of a case.
Injury attorneys help victims receive immediate medical attention and manage their ongoing medical care.
Catastrophic injury lawyers also assist victims gather critical evidence in a case. If necessary, they will appoint experts to assist in interpreting evidence and explaining a case to a judge or jury.
When a party has an insurance policy that will reimburse a victim, a lawyer can file a demand letter on the victim’s behalf. A demand letter is a document that informs parties that the accident victim intends to file a personal injury claim with their insurer.
Injury lawyers can also file a lawsuit on their clients’ behalf and work to get them favorable verdicts.
What is the benefit of a catastrophic injury attorney?
Catastrophic injury attorneys help clients receive the maximum compensation for their injuries.
They know the value of these cases, and therefore, will hold liable parties to pay their fair share of an accident.
Attorneys also know where to uncover hidden value in a case to help boost a victim’s payout.
They also know how to negotiate with insurance adjusters and won’t backdown from insurance companies.
Personal injury lawyers take care of all of the complexities within a case so that injury victims can focus on healing.
Note that most catastrophic injury lawyers provide free case reviews. A free case evaluation means people can get their legal questions answered without spending a dime.
Note, too, that the communications between an attorney and his/her clients are protected by the attorney-client relationship. Lawyers cannot disclose these communications unless the client agrees.
For additional help…
If you or a loved one suffered an accident that caused catastrophic injuries, we invite you to contact our law firm at the Shouse Law Group. Our California personal injury attorneys provide both free consultations and legal advice you can trust.
We work tirelessly to get you the maximum compensation available for your case. Our lawyers represent clients throughout California state, including those in Los Angeles, San Francisco, and southern California.
- 42 U.S.C. 3796b.
- See, for example, California Civil Jury Instructions (“CACI”) 400. See also California Civil Code section 1714(a).