What Qualifies as a Catastrophic Injury in Massachusetts?

Accidents can happen almost anywhere. Unfortunately, exercising caution throughout daily life doesn’t guarantee that one will never be harmed or injured due to someone else’s negligence. The following are just a few examples of how you could pay the price for someone else’s actions or carelessness:

You’re hurt in a collision when a speeding driver runs into your vehicle

Ownership at a retail store fails to install adequate outdoor lighting in the parking lot, causing you to trip over an unseen obstruction at night

You’re injured when a negligent surgeon makes an error during a procedure

The manner in which your injuries may impact your life (and livelihood) can depend on their severity. A sprain or similar relatively minor injury may require some basic medical treatment and could theoretically prevent you from doing your job until you make a full recovery. However, more serious injuries could permanently interfere with your quality of life.

If you’re injured because of another party’s negligence in Massachusetts, you can file an insurance claim or lawsuit to seek financial compensation for your medical bills, lost wages, and related losses. If your injuries are severe enough to qualify as catastrophic, the amount of compensation for which you’re eligible could also include damages for future losses.

What is a Catastrophic Injury in an MA Personal Injury Case?

Catastrophic injuries can take various forms. Typically, to qualify as a catastrophic injury, the harm a victim sustains must be significantly debilitating, to the point that they’re unable to work and enjoy their usual life activities.

Examples of injuries that might qualify as catastrophic include (but aren’t necessarily limited to):

Traumatic brain injuries, which may result in mood disorders, cognitive difficulties, memory problems, etc.

Spinal cord injuries, which may cause paralysis

Injuries resulting in or requiring the amputation of limbs

Severe, disfiguring burns

Injuries resulting in organ damage

You may not know whether your injuries qualify as catastrophic, and how this might affect your claim or lawsuit if they do. This is one of many reasons to strongly consider discussing your case with a Massachusetts personal injury attorney before taking legal action. An expert can evaluate your injuries and explain how you may proceed.

Seeking Compensation for a Catastrophic Injury in Massachusetts

The losses and damages you might incur if you sustain a catastrophic injury due to the negligence of another party may be quite significant. Examples include:

High medical bills, which may be ongoing if you find yourself in need of lifelong medical care

Lost earning potential

Pain and suffering, and other such non-economic losses

You deserve to receive proper compensation for these damages if you would not have been injured but for another party’s carelessness. Pursuing the compensation for which you’re eligible may involve these steps:

Thoroughly investigating the accident to properly identify any and all responsible parties

Interviewing witnesses and gathering other forms of evidence to demonstrate that your injuries directly resulted from the liable parties’ negligence

Gathering evidence and documentation to prove your injuries qualify as catastrophic because they are likely to permanently prevent you from returning to work

Filing a thorough claim with the insurance of the negligent parties who caused your injuries

Corresponding with insurance adjusters and entering into negotiations if their initial settlement offers are not fair

Additionally, it’s possible an insurer will never agree to a fair settlement. It may be necessary to file a lawsuit and pursue damages in court if this happens.

How a Massachusetts Catastrophic Injury Attorney Can Help You

Navigating a personal injury case can be challenging for any victim who lacks experience handling these matters. If your injuries are catastrophic, securing the compensation you deserve may be particularly difficult should you attempt to represent yourself.

You must remember that insurance companies are still businesses. As such, an insurance adjuster not consider it their job to ensure you receive the compensation for which you’re eligible. They are instead likely to minimize the nature and value of your injuries.

When a victim’s injuries are catastrophic, the amount of compensation they deserve can be significant. Therefore, insurance companies often fight these cases, striving to avoid paying victim’s what they’re owed.

One way to improve your odds of securing fair compensation is to enlist the help of a qualified lawyer. At Swartz & Swartz, P.C., our experienced Boston catastrophic injury attorneys will fight on your behalf while you focus on your recovery. For more information about what we can do for you, contact us online or call us at (617) 742-1900.

Need Help?

If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.