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SEVERE & CATASTROPHIC INJURIES

In 2017, more than 28 million Americans sought medical care at an emergency room after sustaining an injury, according to the Centers for Disease Control, and almost 3 million of them were injured severely enough to require hospitalization. Most of them were injured in car, slip and fall, truck and motorcycle accidents, but others were pedestrians or were injured in bicycle or ATV accidents. Some also received their injuries from a defective product. Regardless of how they were injured, many of them suffered catastrophic injuries, including traumatic brain injuries, severe burns and spinal cord injuries. Unfortunately, a significant percentage of those injured found that their lives would never be the same.

A severe injury can have a catastrophic impact on your life, your finances, your dreams, and the lives of your family. You may find that you are unable to do the things that you need to do, much less the things that you want to do. You may be dealing with severe pain and numerous visits to doctors and/or therapists. You are unable to work, but the bills for your medical care keep piling up. You may be having trouble just paying your normal living expenses during this difficult time. You worry that you may not be able to resume your career or continue your education. Your dream of taking your family on a lovely vacation or buying a new home may seem impossible to achieve.

Speaking of your family, how has your injury affected their lives? Perhaps you were always the one who cared for others, but you now need help to care for yourself. If money is tight, you may have to rely on your parents, spouse or children for financial support. You may have witnessed a glimmer of disappointment when your spouse or child realized that a promised gift was now beyond your financial means. Most of all, though, you may realize that they are worried about you. You are very aware of how much it hurts you when someone you love is suffering. You would like to alleviate their concerns and take away the pain that they are feeling.

At times, however, you feel that there is nothing you can do. You are beginning to lose hope that you will ever be able to enjoy even the small things in life. You may suffer from depression, or you may have nightmares in which you relive your accident.

You may feel that it is unfair that you and your loved ones are suffering because someone else was careless. You are correct — it is not fair. In a perfect world, every driver would be alert, unimpaired and cautious. Every property owner or manager would ensure that their premises were safe and well-maintained. Every manufacturer, including automakers, would ensure that every product was flawless and safe. Every trucking company would make sure that their drivers were sober, careful operators who followed every law meticulously.

Unfortunately, the world and the people inhabiting it are not perfect. That is why societies have always been forced to create legal codes. Some laws exist to punish wrongdoers, but other laws exist to protect those who have been injured due to the negligence of others. The area of personal injury law is a wide one, covering everything from dog bites and defective products to premises liability and vehicle accidents. By securing the services of an experienced personal injury attorney, you might be able to receive financial compensation for all or some of the following.

  1. Medical expenses are often a major part of a settlement or judgment. You could receive compensation for your past medical expenses as well as those for your future care.
  2. Lost wages and/or diminished earnings can be another important category. Again, you might be eligible for both past and future losses.
  3. If your car, motorcycle, bicycle or other vehicle suffered damage, you could receive the cost of repairing or replacing it.
  4. If your injury required you to hire someone to help with your care or to perform tasks you normally handled yourself, you might be able to receive reimbursement.
  5. You may be eligible to receive compensation for your pain and suffering. Furthermore, if the defendant was guilty of gross negligence, you might also be awarded punitive damages.
Even if you were partially to blame for the incident, if you were injured in Arizona or Nevada, you may still be able to recover a portion of your losses. Lloyd Baker Injury Attorneys would be happy to provide you with a free case consultation. We have offices in Phoenix and Las Vegas, and our entire practice is focused on personal injury law. We are experienced attorneys who recognize that every client’s situation is unique. We will take the time to get to know you so that we can determine the best course to follow. We do not make idle promises, but we do promise to fight hard to see that you are justly compensated. You can contact us through our website, or you can call our Phoenix office at 602-265-5555 or our Las Vegas office at 702-444-2222.

PERSONAL INJURY ATTORNEYS

It is extremely important to go to the hospital immediately after the accident; at the very least, you should be seen by your physician. You may not notice symptoms immediately, especially if you have suffered a concussion or an injury to the soft tissue. A delay in seeking medical help can weaken your case. The insurance company may use your delay to argue that your injuries are not serious enough to justify compensation, that your injuries were not a result of the accident, or that you are attempting to secure as much compensation as possible without having a meaningful claim.

If you have health insurance, the hospital or your doctor can bill your insurance company. The company can then seek to recover the cost of your care from the driver who was at fault. Depending on your policy, you may still be liable for copays or deductibles, but those amounts can be included in your suit.

Certain hospitals and doctors will treat people injured in car accidents on a credit basis. It depends on the liability issues involved in your case and the provider’s policies. Furthermore, if your automobile insurance includes personal injury protection or medical payments coverage, you are probably covered. Your policy may have limitations, and your insurance company may be entitled to seek recovery from the other driver’s insurance company.

It is possible, but it is neither likely nor wise. First, your attorney would need to be admitted to practice law in Nevada. Second, a local attorney is much more familiar with the Nevada court system, the judges, and the resources that you or your case may need.

If the owner of the vehicle gave the driver either implied or express permission to use the vehicle, the owner’s liability coverage extends to the driver. Express permission means that the owner gave explicit approval to the driver. Implied permission could be a history of the driver using the vehicle regularly. Furthermore, according to Nevada law, the vehicle’s owner is jointly liable for injuries caused by any member of his immediate family who resides in the home and who drives the vehicle.

The driver’s insurance or the insurance he obtained from the rental agency will include liability coverage. If the rental agency failed to properly maintain the vehicle, rented to a minor, or was otherwise negligent in its duty, the agency may also be included in your lawsuit.

If you are injured in an auto accident, you need to call the police. The police report will be a critical piece of evidence in your case. If you are mobile, you can take pictures of the scene and the damages, exchange information with the other driver, or ask witnesses for their contact information. Do not make any statements about your fault or speculate about what happened. As soon as possible, report the accident to your insurance agent or company.

It is advisable to consult an experienced attorney and follow his recommendations. The defendant’s insurance company will work hard to find evidence to undermine your claim, so the company’s representatives will want to know about your prior injuries or ask you to make a statement, hoping that you will offer something that can be used against you. It is best if you simply refer them to your attorney.

The first offer from the other insurance company is almost certain to be less than you deserve. However, after negotiating with the company, your attorney may recommend that you settle. It depends on your case.

You may be eligible for a variety of economic damages as well as noneconomic damages. In some cases, punitive damages can also be awarded.
  • Economic damages are those that can be assigned a fixed monetary value. They include the repair or replacement of your vehicle, your medical expenses that are related to the accident, and your future and past earnings.
  • Noneconomic damages are meant to compensate you for damages that cannot be assigned a fixed monetary value. They include your mental anguish if you suffer a mental or physical impairment, your pain and suffering, and your loss of the ability to enjoy life.
  • Punitive damages can be assessed to punish someone where that was an intent to inflict harm, the driver was guilty of reckless endangerment, or the driver was driving under the influence or guilty of another type of criminal misconduct.
    • An attorney who has extensive experience in the area of auto accident law can be an extremely valuable member of your team.
At Lloyd Baker Injury Attorneys, we will work hard to help you during this trying time. We have the experience and resources you need. We offer free case consultations, so schedule yours today!

There is no simple way to determine whether you have a case unless you consult an experienced attorney. In general, however, your fault should be 51 percent or less. You must also have suffered financial loss or an injury as a direct result of the accident.