A Lawyer for Protecting The Rights of Hibbing Catastrophic injury victims
A catastrophic injury is so devastating it can forever alter a survivor’s life. The incident leaves victims to bear significant physical, financial, and emotional consequences.
Because of their severity, it can be challenging to deal with the impacts of these injuries moving forward. A person was once able to do several things, but these can be more challenging or even impossible after sustaining a catastrophic injury. In some situations, one may require specialized help.
So if you have had this experience and are confident that someone else’s negligent or abusive acts caused your injuries, you deserve justice and may be entitled to fair compensation to cover your current and future needs.
But the responsible party or insurance company will not be willing to meet your expectation, so you should expect challenges.
Partnering with a reputable Hibbing catastrophic injury attorney can significantly increase your chances of getting a fair outcome from the claim.
At Nicolet Law Accident & Injury Lawyers, we can review your case for free, work to protect your rights, and help establish a strong injury claim that would earn justice.
Learn more about Hibbing catastrophic injury claims and the available legal options for victims.
A Catastrophic Injury Can Change Your Life
Catastrophic injuries are mainly sustained during serious accidents or abuse and usually result in permanent disabilities. The condition often requires extensive, everyday care for the rest of the survivor’s life.
Common examples include, but are not limited to:
- Spinal cord injury
- Traumatic brain injury TBI
- Quadriplegia or paraplegia
- Limb loss or amputation
- Burn injury
Catastrophic injury victims will feel the financial impact for quite some time. This is due to the extensive injuries that mostly call for day-to-day, live-in care. As a result, one may end up in a specialized medical facility or pay for in-home aid to get the required care.
These injuries are permanent, leaving victims with life-long consequences like:
Mounting Medical Bills
The extensive treatment and therapy a victim requires can quickly accumulate to hundreds of thousands or even millions of dollars. Essential treatments for catastrophic injuries may include but are not limited to surgeries, medication, speech, physical, or occupational therapy, and lab tests.
These enormous costs are nearly impossible to address because most victims can no longer work or make money. So, a significant percentage has no cash to pay for the procedures they desperately require. Furthermore, survivors may not have a way to continue supporting daily family needs, leaving them even more desperate.
Significant Physical and Emotional Pain
Emotional and physical pain is among the most devastating results of a catastrophic injury, long after the causing incident or accident is over. Physical injuries can overwhelm the survivor in the short term, but emotional damages could culminate into life-long trauma.
Understandably, most of those with catastrophic injuries acquired them traumatically, like being subjected to violent assault or in a devastating road crash. This means most of them most likely suffer from post-traumatic stress disorder; hence they must be treated with medication, cognitive behavioral therapy, and other options.
The severity of emotional and physical pain resulting from a catastrophic injury can immensely strain the victim and their loved ones.
Family members and close friends may offer to support their loved ones with catastrophic injuries. But, the emotional strain associated with the injury can hinder them from maintaining the right attitude always.
Various other elements that could strain relationships are also behind anyone’s control. For instance, if the catastrophic injury victim is the family’s breadwinner, it could take a toll on the other members who would find it hard to recover.
This could lead to lost jobs and property, switching schools, and other consequences that can destabilize a family and uproot the foundations that everyone was accustomed to.
Timelines for a Hibbing Catastrophic Injury Lawsuit
Most catastrophic injury cases in Hibbing settle without litigation. Usually, the victim will demand settlement, and negotiations will follow. The claim will extend into litigation if the insurance company declines to offer a fair settlement.
Personal injury settlements are issued as a one-time lump sum. Therefore, it would help to wait for sufficient time till you and your attorney fully understand the future healthcare requirements and the projected impact on your quality of life before attempting to value and settle the case.
A typical Hibbing catastrophic injury comprises the following steps:
#1. Seeking Treatment
Your well-being is the priority, so acquiring the necessary medical care is the first step. At the same time, reach out to your attorney so they can examine the medical records and work on your legal claim’s initial stages.
#2. Case Evaluation
After speaking to your catastrophic injury lawyer, they can begin evaluating your case to determine its practical legal remedy.
They can also assess your claim’s strengths and weaknesses based on the evidence and facts gathered, including:
- Preliminary Medical reports
- Insurance companies’ settlement offers
- Eyewitness accounts
- Police reports
- Photos of the accident scene
#3. Filing a Complaint
After ascertaining that you have a valid legal remedy and the attempts to settle the matter out of court are futile, you may wish to proceed with a lawsuit, which includes filing a Summons and Complaint. The defendant must respond to it within 21 days.
#4. Discovery Process
Once you receive the answer, you will proceed to discovery, the longest stage of the lawsuit that involves collecting sufficient evidence to support your case.
This stage entails:
- Witness interviews
- Submitting interrogatories that must be answered
- Requesting for production of documents
- Medical examinations with the insurer’s physicians
Discovery provides both parties with the information they require. The process may last from several months to some a few years.
Mediation prevents many catastrophic injury cases in Hibbing from going to trial. Here, both parties’ attorneys will try creating an agreeable settlement. Successful mediation gives victims more control over the claim’s outcome, but you would concede on some points.
#6. Court Hearing
After an unsuccessful mediation, the claim will proceed to a court hearing. Both parties will present evidence and plead for favorable action from the judge and jury. You must prove your case with dominant evidence to succeed.
#7. Rendering a Decision
Most lawsuit decisions are issued at the end of a trial. But the court may delay to hand down a decision for several days depending on motions. The damages you receive depend largely on the nature of your injuries, the level of pain and suffering, and your contribution to the incident.
Minnesota laws follow a comparative fault doctrine. Here, the amount the court grants as compensation will reduce by your percentage of the fault. Your attorney will guide you through this principle to help ensure you get the maximum reimbursement.
Catastrophic Injury FAQs
What Is The Deadline for Filing a Hibbing Catastrophic Injury Lawsuit?
Minnesota Statutes of Limitation will apply to your Hibbing personal injury lawsuit. The law sets a two-year deadline for injured victims to file any civil suit resulting from slander, libel, battery, false imprisonment, assault, and other torts that lead to personal injury. This deadline includes lawsuits driven by the “negligence” liability principle, which applies to slip and fall accidents, road crashes, and other mishaps.
What If You Miss the Stated Timelines?
If the deadline passes and you still file the lawsuit anyway, the outcome will most likely favor the defendant. This is your negotiating leverage, and the other party knows it. But you can lose it by failing to meet the requirement.
Are There Any Exceptions to The Hibbing Personal Injury Statute Of Limitations?
State laws identify several scenarios that could delay or pause the statute of limitations “clock” until the legal disability ends. For instance, if the injury survivor is below 18 or is legally insane, the timer probably would not start running until they attain the legal age or restore their mental competence.
Also, if the potential defendant resides out of the state or departs between the incident and before the lawsuit, their absent duration would not count toward the two years.
What Are the Damages in a Catastrophic Injury Lawsuit?
Damages are the financial rewards issued to the person who has suffered the catastrophic injury or any other compensable loss. These compensatory damages are classified under non-economic, economic, and punitive damages.
These damages are also called “specific damages.” They compensate the plaintiff for any measurable losses. They can also reimburse out-of-pocket expenses resulting from the injury.
- Lost income
- Past and future healthcare costs
- Lost business opportunities
- Property replacement or repair costs
Medical costs form the bulk of economic damages. They include hospital bills, ambulance charges, medication, and therapy for mental or emotional issues resulting from the injury.
Attorneys calculate these damages by summing up the dollar amounts documented in hospital invoices, pharmacy receipts, and other medical bills. The value will also include fixing and replacing damaged property during the incident.
These are also called “general damages.” It is almost impossible to measure them, and you cannot compute them by adding up documented receipts and bills. Moreover, they are not readily quantifiable.
They can include:
- The catastrophic injury
- Reputation-related losses
- Permanent disability
- Emotional distress
- Loss of enjoyment
General damages are highly subjective and vary immensely. Strict guidelines apply when calculating these losses because of their complexity.
When Are Damages Available?
Most catastrophic injury cases in Hibbing comprise the two types of damages, but the plaintiff must prove them. It is easier to prove economic damages because you would have the appropriate receipts and documentation to support your claim.
That is why you must acquire and save every single receipt and bill related to medical costs and healthcare-related out-of-pocket expenses.
Non-economic damages lack similar evidence to their counterparts, but victims can still claim them by explaining the incident and the after-effects from their perspective. You must provide sufficient information to justify the damage awards.
Why Do You Need A Hibbing Catastrophic Injury Attorney?
Catastrophic injury claims are complex and costly. Even if yours is a straightforward case, an attorney can help you avoid common mistakes and focus on the critical elements of the case.
A lawyer could be the deciding factor for the personal injury lawsuit and your best shot at getting fair compensation.
They can help your case in the following ways:
- Helping you get the required specialized treatment
- Collecting and handling all the medical bills and receipts
- Gathering evidence and creating a solid case
- Protecting your rights to prevent exploitation by defendants and insurance companies
- Representing you in court
- Prioritizing your best interests during mediation
- Providing help with filing a lawsuit
- Using their networks in the legal sector to fight for your best interests
You have various options when looking for a Hibbing catastrophic injury attorney. But not every offer is worth your dollars. Only a few personal injury law firms in this community can match what Nicolet Law Accident & Injury Lawyers offers.
Why Partner With Nicolet Law Accident & Injury Lawyers?
Nicolet Law Accident & Injury Lawyers have a history of successful personal injury claims. We have represented hundreds of clients in Hibbing and throughout the state bearing life-altering disabilities and injuries. Our ultimate focus is fighting for positive clients’ outcomes when other negligent or abusive individuals hurt them and complicate their lives.
Our dedicated attorneys will explore the most viable legal options and find a solution that can address your unique financial situation. While no result can be guaranteed, contact us today to see how we can help you.
Here are more reasons to trust us with your injury claim:
We understand the financial hardships victims face and have no intention to worsen their situation. That is why our abled attorneys are willing to offer the initial consultations for free.
Cases Taken on Contingency
Our attorneys understand the complexities of fighting insurance providers for fair compensation after a life-altering injury. Nicolet Law Accident & Injury Lawyers will not charge you upfront for attorney’s fees, and you will only pay after winning the claim.
Results-Driven Legal Strategies
Unlike most law firms that focus on quick settlements with low-ball offers, we can fight to deliver the maximum compensation possible.
Reputation for Excellence
We have served over 3,000 clients and boast over 500 five-star reviews. When you work with us, you place your catastrophic injury claim in good hands.
We Are Always Near You
We have twelve conveniently-located offices throughout Minnesota to help you access award-winning legal services for your injury claims.
Hibbing Catastrophic Injury Attorney Who Believes in Strong Community Values
Our team members reside in the communities we serve and always prioritize giving back. We do this through our scholarship opportunities and charitable giving activities.
Do you need guidance through a catastrophic injury claim? Contact us today at (218) 217-0659.