The Catastrophic Injury Blog

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Catastrophic Personal Injury Compensation

As your personal injury lawyer, David Gantt will thoroughly pursue the compensation you are entitled to receive. We handle your catastrophic injury claim with compassion and responsiveness to your concerns.

Contact our law firm to learn how we can help. We offer free consultations, and attorneys’ fees are contingent upon our recovering compensation for you.

The American Medical Association defines a catastrophic injury as a severe injury to the spine, spinal cord, or brain, which can include fractures to the skull or spine. Catastrophic injuries can also include the loss of a limb, paralysis, severe burn injuries, disfigurement, emotional distress (such as post-traumatic stress disorder) and injuries that result in significant scarring. Persons who have sustained catastrophic injuries may require multiple reconstructive surgeries and substantial medical treatment; suffer permanent disability, impairment or disfigurement along with significant suffering; and may endure a lifetime of medical care or their life expectancy may be substantially shortened. These types of injuries are often caused by a motor vehicle, motorcycle, boat, or product liability accident.

These types of injuries can devastate a family both financially and emotionally due to the need for long term personal assistance, 24-hour care and modifications to your home. Victims of personal injury are entitled to financial compensation for their past and future medical expenses, personal care, loss of income and other financial losses, and pain and suffering. Rehabilitation for catastrophic injuries may require a large team of caregivers such as a neurologist, neurosurgeon, psychiatrist, neuro-psychologist, vocational expert, life-care planner, orthopedic surgeon and physical, occupational and speech therapists. In most cases, the lives of the injured person’s family are completely disrupted as they focus their energies on securing proper medical care.

Cases involving catastrophic injuries are often complex and require the retention of expert witnesses. Medical experts can testify to the severity and permanency of an injury. Accident reconstructionists are able to illustrate the moments leading up to an accident to determine whom was at fault. Other types of experts often utilized in personal injury cases are life care planners, economists, vocational rehabilitation experts or engineers.

Our catastrophic injury attorneys work with families who are experiencing the pain, confusion, and devastation from a serious and permanent injury. Choosing to pursue a claim is something that most of our clients never imagined they would one day face. We will walk you through the litigation process to hold the responsible parties accountable for their actions. We take pride is helping our clients seek justice and compensation for medical expenses, loss of income and long-term care and rehabilitation.

If you or someone you love has suffered a catastrophic injury as the result of someone else’s negligence, please contact us for a free consultation.

P: 828-252-2852

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FREQUENTLY ASKED PERSONAL INJURY QUESTIONS

Q. If I make a settlement in a personal injury arising out of a work injury, do I have to pay the workers’ compensation insurance back for money they have already paid me?

A. Sometimes. NC law is very complicated on these obligations. A Superior Court Judge can be asked to set what, if any, lien is due the workers’ compensation insurance carrier when a settlement is proposed on a civil lawsuit over the same accident. Once the Superior Court Judge sets the amount of the lien that is due, the NC Industrial Commission will issue an ORDER concerning disbursement of future workers’ compensation payments. You should consult a specialist in workers’ compensation law to avoid potential liens and pay back requirements.

Q. I was involved in a car accident while working. Can I make a claim against the car insurance in addition to the workers’ compensation insurance company?

A. Yes. You will likely have a workers’ compensation claim regardless of how the car accident occurred. If the wreck was caused by someone else’s negligence, you will also have a personal injury claim against the responsible party. You should consult a lawyer familiar with both personal injury and workers’ compensation law to make sure these claims are brought in proper legal procedure. Failure to coordinate both claims could result in enforceable liens of one or both of the insurance payouts.

How much money should I receive for my injuries?

You should recover past and future medical expenses, lost wages, lost earning capacity, scarring, pain and suffering and any other loss you have endured as a result of the accident. The value of your claim depends on many different factors. For severe injuries, your spouse may be able to claim loss of consortium or companionship. If the cause of the wreck was related to driving under the influence of drugs or alcohol, further punitive or punishment damages might be appropriate. The value of an experienced lawyer who is familiar with the jury verdicts and the range of settlements in a particular area is critical to making sure you are fully compensated for your injuries.

If I employ a lawyer, do I have to go to court?

No. Most lawyers will try and settle the case before filing a lawsuit and going to court. While the time between filing a lawsuit and the time of getting a jury trial vary form count to county, a safe estimate of the time it takes to get a case resolved in court is usually around twelve (12) months. New alternative dispute resolutions methods are growing in usage and popularity. Mediation and/or arbitration may be a way to get an independent judge to evaluate the claim and help resolve the differences in the evaluation of the claim. Even after a lawsuit has been filed, settlements of lawsuits can occur at any time. Lawsuits can be settled while the jury is still deciding the case or even...

How do I select a lawyer?

The way your case is handled may affect you and your family for the rest of your life. You should select an attorney that is experienced, knowledgeable and caring.

How long do I have to bring my claim?

North Carolina law generally gives you three (3) years to file a lawsuit for personal injury. Wrongful death claims usually have a two (2) year time limit. North Carolina law only applies if the accident happened in North Carolina.

CATASTROPHIC INJURY VIDEO LIBRARY

Our Video Library is not closed-captioned.  Instead of embedding our videos, we have created posts for them, where full transcripts of can be found.
Click on the links below to view the video and its transcript.

Short Personal Injury Overview

Personal Injury Overview

Personal Injury Detailed Overview

Personal Injury Detailed Overview

Compassionate North Carolina Social Security Disability Lawyer

David Gantt describes his History in Helping People with Workers’ Compensation and Social Security Disability Cases