If you’ve suffered severe injuries in an accident, it could significantly alter the course of your life. In addition to the immediate medical bills, other losses quickly add up and drain your family’s savings.
Whether you want to file an insurance claim or a personal injury lawsuit, a catastrophic injury lawyer in Long Beach can help. With decades of combined experience safeguarding the rights of injured victims throughout California, the legal team at Omega Law Group Accident & Injury Attorneys has a proven track record.
We have successfully recovered millions of dollars in compensation for our clients. Our Long Beach personal injury lawyers want to empower you to seek justice. Contact us today for a free consultation.
The High Stakes and Challenges of Catastrophic Injury Claims
Catastrophic injury claims differ significantly from standard personal injury claims due to the severity of the injuries, the long-term effects, and the higher stakes involved.
These differences create unique challenges, particularly when dealing with insurance companies, which often approach these claims more aggressively to protect their financial interests. Here’s why catastrophic injury claims are distinct and challenging:
Nature of the Injuries
When you have a catastrophic injury, you’re likely dealing with:
- Severity and Permanency: Catastrophic injuries—such as traumatic brain injuries (TBIs), spinal cord injuries, amputations, and severe burns—often result in permanent disabilities or life-altering conditions. Unlike minor injuries, these cases require a deeper evaluation of the victim’s long-term needs.
- Ongoing Care: The injured party may need lifelong medical treatment, rehabilitation, assistive devices, or in-home care, leading to significantly higher medical costs than in standard claims.
High Financial Stakes
Money is a uniquely crucial factor in these cases for two key reasons:
- Substantial Compensation: Because of the long-term nature of the injuries, victims may be entitled to millions of dollars in damages to cover medical expenses, lost earning capacity, pain and suffering, and other costs. Insurance companies are more likely to dispute or undervalue these claims to avoid a large payout.
- Future Costs: Determining compensation for future damages (e.g., medical care, inflation, and lost income) requires highly specialized calculations, often involving expert testimony.
Insurance Company Strategies
Insurance companies often take an aggressive approach to catastrophic injury claims. Common tactics include:
- Disputing Liability: They may argue that the victim was partially or fully at fault to reduce or deny the claim.
- Disputing Injury Severity: Insurers might claim that the injuries aren’t as severe or that unrelated pre-existing conditions are to blame for the victim’s condition.
- Delaying Tactics: Insurance companies may intentionally drag out the claims process, hoping the financial strain will push the victim into accepting a low settlement.
- Lowball Offers: Insurers often offer settlements far below the actual value of the claim, hoping victims will accept without fully understanding their rights.
Proving Damages
Catastrophic injury claims require extensive evidence to prove the full scope of damages, including:
- Medical Records and Expert Testimony: These demonstrate the severity of the injuries and the need for future care.
- Economic Analysis: Experts may be needed to calculate lost earning capacity and future financial needs.
- Life Care Plans: Life care planning outlines the long-term medical and personal care requirements of the victim.
Emotional and Psychological Impact
Catastrophic injuries often result in psychological trauma, such as depression, PTSD, or anxiety. These non-economic losses are subjective and can be difficult to quantify, leading insurers to minimize or dispute them.
Litigation Is More Likely
Due to the high compensation amounts, insurers are less likely to settle catastrophic injury claims quickly. They may force the case into litigation, requiring a skilled Long Beach catastrophic injury attorney to handle the legal process and present a compelling case in court.
Why You Need an Experienced Attorney
The intricate nature of catastrophic injury claims and the aggressive tactics used by insurance companies make it essential to have an experienced attorney by your side. A catastrophic injury attorney in Long Beach will:
- Build a strong, evidence-based case to prove liability and damages.
- Negotiate with insurance companies to secure a fair settlement.
- Take the case to court if necessary to fight for your much-deserved compensation.
Catastrophic injury claims are not just about covering immediate costs. They’re about ensuring you have the financial resources to handle a lifetime of challenges.
Shouldn’t I Just Deal With The Insurance Adjuster?
Dealing directly with insurance adjusters in a catastrophic injury claim can be risky, as these claims are highly complicated and involve significant compensation. Insurance companies aim to minimize payouts, and adjusters are trained to protect the company’s interests—not yours.
Here are some common challenges when handling catastrophic injury claims:
- Low Initial Offers: Insurers may offer settlements far below the actual value of your damages, hoping you’ll accept quickly.
- Disputing Liability: Adjusters might argue that you were partially or fully at fault, reducing or denying your claim.
- Delaying Tactics: Prolonging the process can pressure you into accepting a lower settlement, especially if you’re facing financial hardship.
- Underestimating Future Costs: Catastrophic injuries often involve lifelong medical care, lost earning capacity, and pain and suffering, which insurers may undervalue.
Hiring an experienced Long Beach catastrophic injury attorney ensures that your rights are protected and your claim is thoroughly prepared to maximize compensation.
What if I’m Not Sure I Can Afford A Lawyer?
If you can’t afford a catastrophic injury attorney, you can get legal help through a contingency fee arrangement. Our catastrophic injury attorneys work on this basis, meaning you pay no upfront costs or hourly fees. Instead, the attorney’s payment comes as a percentage of the settlement or verdict they secure for you.
This arrangement allows you to access professional legal representation without financial stress. If the attorney doesn’t win your case, you owe nothing. Catastrophic injury claims are layered and involve significant compensation for medical bills, lost income, future care, and pain and suffering.
Hiring an attorney on a contingency basis means you can rest easy in the knowledge that your case is being handled properly. It gives you the best chance at maximizing your compensation and holding responsible parties accountable.
Available Damages in a Catastrophic Injury Case
The financial implications of a catastrophic injury often extend far beyond immediate medical expenses, impacting nearly every aspect of your life. From hospital bills and ongoing treatments to the inability to work and emotional suffering, the financial and emotional burden can be overwhelming.
As your legal representatives, we will thoroughly evaluate all current and future expenses stemming from the accident to ensure you receive fair compensation. We may collaborate with economists, medical experts, and vocational specialists to assess the long-term financial and personal consequences of your injuries.
Your detailed account of the incident and its impact on your life is crucial to building a strong and comprehensive case. In a catastrophic injury claim, you may be entitled to recover both economic and non-economic damages.
Economic Damages
These damages compensate for measurable financial losses, such as:
- Medical Expenses: This includes hospital bills, surgeries, medications, physical therapy, rehabilitation, and the cost of ongoing or future medical treatments.
- Lost Earnings: If your injury prevents you from working during your recovery, you can recover compensation for lost wages.
- Loss of Earning Capacity: Catastrophic injuries often result in permanent disabilities that affect your ability to earn income in the future.
- Property Damage: If your property, such as a vehicle, was damaged in the accident, you could recover repair or replacement costs.
- Out-of-Pocket Expenses: These include costs for transportation to medical appointments, home modifications (e.g., wheelchair ramps), or hiring in-home care.
Non-Economic Damages
These damages address the intangible effects of your injury, such as:
- Pain and Suffering: Compensation for the physical pain and discomfort caused by your injuries.
- Emotional Distress: This includes mental health challenges such as anxiety, depression, or post-traumatic stress disorder (PTSD) resulting from the accident.
- Loss of Consortium: If the injury has negatively impacted your relationship with your spouse or partner, you may be entitled to compensation for this loss.
What Types of Accidents Lead to Catastrophic Injury Claims?
Catastrophic injuries can occur in a wide range of situations, often resulting from accidents that involve significant force, negligence, or hazardous conditions. These injuries are typically life-altering, requiring extensive medical care and long-term support.
Below are some common types of accidents that frequently lead to catastrophic injury claims:
- Car accidents
- Defective products
- Slip and fall accidents
- Falls from height
- Workplace accidents
- Motorcycle crashes
- Nursing home abuse
Understanding California’s Pure Comparative Negligence System
In the pure comparative negligence system, you can pursue compensation even if you hold partial responsibility for the incident. However, if you are deemed fully at fault, you can no longer receive any compensation.
The awarded amount directly correlates with the degree of assigned fault. For instance, if you were found 70% responsible for a car crash and your total losses amount to $50,000, you could still receive 30% of that sum, which is $15,000.
After you share the details of your case with us, we can determine how California’s pure comparative negligence law affects your compensation. We’ll then provide all the necessary information to make confident decisions about your case.
Compassionate Legal Assistance After Losing a Loved One
Surviving family members have the opportunity to pursue a civil lawsuit against the liable party to seek compensation. Our Long Beach personal injury attorneys can offer compassionate support throughout every stage of the legal process.
Wrongful death damages in California include:
- Funeral and burial expenses
- Loss of guidance
- Loss of companionship
- Loss of financial support
- Loss of household services
- Loss of the enjoyment of intimacy
While the compensation you receive will not erase the tragic event, it can lead to a better future for your family. Let us help you build a strong wrongful death claim.
California Has a Deadline for Filing Wrongful Death and Catastrophic Injury Claims
California’s statutes of limitations establish the timeframe for taking legal action against the defendant. Most personal injury lawsuits must be initiated within two years, with a comparable deadline for wrongful death cases.
Failing to adhere to this timeframe could lead to the dismissal of your case, preventing you from pursuing rightful compensation. If you or a loved one has suffered a severe injury, it’s crucial to seek legal counsel promptly to make sure all the documents are filed before time runs out.
How Long Does It Typically Take To Settle a Catastrophic Injury Claim in California?
Settling a catastrophic injury claim in California typically takes longer than standard personal injury claims due to the complexity and high stakes involved. The process can last anywhere from several months to multiple years, depending on factors such as:
- Severity of Injuries: Catastrophic injuries often require extensive medical treatment, ongoing care, and long-term recovery. Settlements may be delayed until the full scope of damages, including future medical needs, is clear.
- Liability Disputes: Determining fault in complex accidents can take time, especially when multiple parties are involved.
- High Compensation Amounts: Insurance companies may delay or dispute claims involving substantial compensation to avoid large payouts.
- Litigation: If a fair settlement cannot be reached, the case may go to court, significantly extending the timeline.
Working with an experienced attorney ensures proper handling of your claim and maximizes your chances of fair compensation.
Call Our Catastrophic Injury Attorneys in Long Beach
Enduring a severe injury not only alters your life but also profoundly affects your family. Omega Law Group offers empathetic assistance to injured victims and their loved ones. While it may feel overwhelming, you don’t have to fight for justice alone; let us help.
Our Long Beach catastrophic injury attorneys recognize the uniqueness of each case, collaborating closely with you to make sure your voice is heard. If you are in the Los Angeles County area, let our family take care of your family. Contact us today to start your journey to financial recovery.