Top Catastrophic Injury Lawyer and Not Only in Portland Oregon

What are catastrophic injuries?

Catastrophic injuries are far more serious than ordinary injuries and require extensive medical treatment. In many cases, such injuries can lead to disability or death. If you or a loved one has been seriously injured because of another’s negligence, do not hesitate to call Herron Law, LLC.

Our Portland personal injury attorney, Bartley E. Herron, is among the top 1% of the most endorsed injury lawyers in the nation. With 25 years of experience, he is more than capable of helping you seek compensation in the toughest cases. Contact our firm today to begin working with a top-notch litigator!

Personal injury lawsuits based on catastrophic injuries can present unique legal issues. In the legal world, a catastrophic injury is one that hurts the plaintiff so badly that he or she is disabled or looks different for a long time or permanently.

A catastrophic injury doesn’t have a clear legal definition, but it usually means a long recovery, a lot of surgeries, and maybe even medical care for the rest of your life. A plaintiff who has a catastrophic injury may never be able to return to work or pre-accident life style.

One of the major factors in determining whether the injury is catastrophic is how debilitating it is and the extent to which the debilitation is expected to go on. For example, if the person has a serious brain injury in a car accident and cannot perform typical life functions and will require assistance for the long term to live, then the brain injury is catastrophic.

What are the types of catastrophic injuries?

Catastrophic injuries can happen anywhere and at any time when people don’t care about your safety.You could be at risk on the road, during a medical procedure, or even on another person’s property. Trauma to the nervous system is the most common way to get a catastrophic injury, but this isn’t the only way to get a catastrophic injury.

Common types of catastrophic injuries include:

Severe burns
Damaged organs
Brain trauma
Spinal cord injuries
Unintentional amputation
Paralysis
Disfigurement

In many cases, the victims of such injuries are rendered unable to return to work, losing wages in addition to suffering the astronomical cost of treating catastrophic injuries. Insurance is rarely enough to make up for the emotional and physical trauma suffered in these incidents. If you or a loved one has been injured because of another person’s negligence, you deserve compensation to help you through this time. With the help of a personal injury attorney, you may be able to secure funds to aid in your recovery during this time.

Who can we help liable for a catastrophic injury?

A person’s or group’s carelessness can lead to a lot of serious accidents that cause serious injuries like TBI. Sometimes the liability is clear and obvious. But depending on the case, there could be many people or entities liable:

Employer: If your boss didn’t make sure you were safe at work and you got a serious brain injury as a result, the boss may have to pay for your injuries through worker’s compensation or a personal injury lawsuit.
Driver: If the severe brain injury happened in a car accident, the other driver or drivers could be negligent.
Place of residence or business: If the catastrophic injury happened because of something unsafe in a business, the business may be liable. If it is a residence, the owner could be liable.
Product manufacturer: The product’s maker could be responsible for your injuries if the product was poorly made or didn’t come with good safety guidelines or instructions.
Educational group: If you get a serious brain injury at a school event, the school or school officials could be held responsible.
Transportation company: In a trucking accident, for example, the trucking company may be liable. Or in a bus crash, the bus company could be liable.
Doctors and medical facilities: If the severe brain injury happened during a medical procedure or due to a lack of proper medical care, the doctors or hospital could be held liable.

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How can a catastrophic injury attorney help you?

If you get a really bad injury, like a TBI, your insurance may cover some of the costs.But the policy limits are often not enough to cover your long-term care. It could become necessary to look for other sources of compensation.

There may be other issues that limit how much insurance coverage you can get for your severe injury. If another driver was to blame but they only have $50,000 of accident coverage, you may not be able to get any more than that unless the person has assets.

The type of personal injury also can slow recovery. Accident victims with severe burns may only be able to access the auto insurance coverage limits, which could be only $20,000 or $50,000.

Victims severely injured on the job could also deal with roadblocks. Most worker’s compensation claims limit your recovery. You may not be able to file a lawsuit against the company because of state laws that shield businesses. A catastrophic injury attorney at The Herron Law Firm can help you navigate these tricky cases because the legal questions involved are complex.

Also, a good catastrophic injury attorney knows where to look for additional ways to compensate you. They will do a complete investigation to find other liable parties, such as the construction company that was doing roadwork where the accident happened. There could have been vehicle defects that made your injury worse.

What else is importand to know when handling a catastrophic injury claim?

Another important factor is the effect the injury has on the person’s life and their ability to earn a living. Long-term injuries that lead to permanent disability and keep the person from earning a living are probably catastrophic.

Some of the most common catastrophic injuries in personal injury lawsuits are traumatic brain injuries, spinal cord injuries, injuries that cause paralysis or the loss of a limb, severe burns, and injuries that cause major disfigurement and scarring.

In all personal injury cases, the injured party may be entitled to financial compensation. This means compensation for all losses caused by the injuries and their effects on their lives. Damages are not just a lot higher in a catastrophic case, but the facts and arguments that must be made to prove those damages are more complicated. The Herron Law Firm is experienced in catastrophic injury cases and can help you with your case.

If the defendant is found liable for your catastrophic injuries, the defendant must pay damages to make you whole. That means, as much as possible, you will receive enough money to pay all of your expenses and make up for your pain and suffering and loss of quality of life from the catastrophic injury. Your attorney will need to make strong arguments and present many facts to prove the extent of your injuries.

For instance, you may have a TBI and be just starting the long recovery process, but you also face many years of expensive medical care. The attorneys for each party must have a good grasp of the medical process to negotiate a settlement. Usually, medical experts must testify to what the future medical treatments will be and what they will cost.

Depending on the state, there can be limits to the damages that you can receive in a medical malpractice case. Most of the time, the limits are on things like pain and suffering and loss of enjoyment of life.

The caps will vary, but usually are from $250,000 to $750,000. Many caps give plaintiffs who suffered a catastrophic injury, such as a TBI, more than the normal limit. It could be an unlimited amount or up to $1 million or $1.5 million.