Our Colorado Springs catastrophic injury lawyers are here for you

What is a catastrophic injury?

The term “catastrophic injury” doesn’t necessarily have one proper meaning; it covers a large range of injuries that are typically permanently debilitating and life-changing. Catastrophic injuries usually prevent the victim from living a normal life, which in turn results in loss of income, loss of enjoyment of life, and intensive medical treatment.

Common causes of catastrophic injuries 

While there are many different causes of catastrophic injuries, some of the most common causes can include the following: 

• Car accidents
• Truck accidents
• Motorcycle accidents
• Bicycle accidents
• Slips and falls
• Defective products
• Work-related accidents
• Pedestrian accidents
• Medical malpractice
• Dog bites and animal attacks

The Colorado Springs catastrophic injury attorneys at Bachus & Schanker are trained to handle all manner of catastrophic injury cases, regardless of how common the cause of injury may be.

Common types of catastrophic injuries 

In personal injury cases, the following types of injuries are commonly considered catastrophic injuries: 

• Traumatic brain injuries 
• Spinal cord injuries
• Burn injuries
• Amputations
• Organ damage

What to do after a catastrophic injury accident

While life may be stressful and scary following a catastrophic injury accident, it’s important to take the following steps in the wake of the accident: 

• Contact emergency services 
• Take pictures of the accident
• Seek medical attention 
• Contact your insurance company 
• Contact a catastrophic injury lawyer

Receiving proper medical and legal services after a catastrophic injury accident can help ensure that you are taken care of medically and that you will be successful in your upcoming lawsuit against the negligent party that caused the incident.

Can I file a lawsuit due to a catastrophic injury in Colorado Springs?

Yes, you can file a lawsuit due to a catastrophic injury in Colorado Springs. The catastrophic injury attorneys at Bachus & Schanker can guide you through this process if you schedule a free consultation to discuss your situation.

Establishing negligence

Proving negligence in a catastrophic injury claim is essential to a successful legal outcome. Certain elements must be satisfied to establish negligence in a personal injury case:

1. Duty of care: Everyone has a legal duty to others in which they must act reasonably to avoid injuring other people. If a person fails to meet this duty, they will likely be held liable for any injuries that may arise from their irresponsible actions. The duty to act reasonably and not cause harm to others is the standard duty of care that everyone must respect; however, certain professions require a higher duty of care, such as attorneys or physicians. By establishing whether there was a duty of care, the victim can prove the first element of negligence necessary to be successful in a catastrophic injury case.

2. Breach of a legal obligation: A party may breach their duty of care by failing to act reasonably, also known as acting negligently. By creating or not fixing a dangerous situation, a party thus breaches their duty of reasonable care to others. Demonstrating this breach will allow a plaintiff to successfully prove this second element of negligence. 

3. Causation and damages: After a duty has been breached, it’s important to be able to prove that, had the party not acted negligently and breached their duty of care, the plaintiff would not have suffered any injuries. Being able to prove causation is an essential part of a negligence claim because it allows the plaintiff to prove that the defendant is at fault for the catastrophic injuries. The damages element of negligence takes into consideration what the plaintiff may be compensated for as a result of the defendant’s negligent breach of duty and failure to act with reasonable care. 

When these elements of negligence have been established, it’s likely the plaintiff will have a strong lawsuit against the defendant regarding their catastrophic injury claims. The Colorado Springs catastrophic injury attorneys at Bachus & Schanker are highly trained in proving negligence in personal injury cases. We can help you determine whether you are capable of satisfying these four elements in your catastrophic injury lawsuit.

Contact our Colorado Springs personal injury lawyers today!

When a catastrophic injury leads to death

Wrongful death is a civil claim brought against an individual who caused the death of another, due to some form of negligence or as the result of some intentional action. When a catastrophic injury leads to death, there are specific individuals who may file a wrongful death lawsuit against the defendant. The following people are the most common representatives of a deceased person in a wrongful death case:

• Spouses or life partners
• Financial dependents
• Immediate relatives 
• Distant relatives

When a wrongful death has occurred, it’s important to contact a wrongful death attorney immediately. The Colorado Springs attorneys at Bachus & Schanker are well-versed in handling wrongful death cases that arise from catastrophic injuries.

How can a catastrophic injury lawyer help me?

Suffering from a catastrophic injury can be an incredibly stressful experience and put a toll on you both physically and mentally. Retaining a catastrophic injury lawyer can help guide you through this difficult time and, hopefully, obtain high financial compensation from the negligent party. 

Do I have a case?

If you’re wondering whether you have a catastrophic injury case, it’s important to meet with a catastrophic injury lawyer to discuss the details of your injuries and the incident which caused them. Trained catastrophic injury attorneys, such as the ones at Bachus & Schanker, are able to recognize whether a case is worth trying and whether the plaintiffs have a strong enough chance at winning. These attorneys will evaluate any medical records, accident reports, insurance records, and other documents to determine if your case will be viable.

Catastrophic injury case management

The experienced legal team at Bachus & Schanker has exceptional case management abilities. The attorneys and other members of the legal team are always available to help clients and maintain their records with dignity and respect. If you’re wondering what you should expect regarding case management of your catastrophic injury claim, be sure to ask the attorney at your free case consultation.

Catastrophic injury lawsuit timeline

The timeline for a catastrophic injury lawsuit is similar to the timeline of a personal injury case. While it’s uncertain how long each case may take, they all have similar steps to follow.

After the accident has occurred and you received medical treatment, it’s important to consult with an attorney as soon as possible. If the attorney decides to move forward with your case, they will prepare the necessary documents to file a summons and complaint against the defendant. Once the summons and complaint have been filed and answered, the discovery phase will begin. 

The discovery phase in a personal injury lawsuit often takes a long time because it’s during this part of the case when each party collects the necessary evidence to build their case. Commonly requested documents during the discovery phase include medical records, insurance records, employment records, accident reports, social media records, automobile repair receipts, and more. Each party gathers as much evidence as possible during this time so that they can be prepared for mediation, negotiation, and in some cases, trial.

Mediation and negotiation occur at the close of discovery so that the parties may discuss settlement options with one another. The majority of the time, cases settle during this phase. However, in some situations where mediation and negotiations fail, the parties will move on to try the case in front of a jury. While this may be uncommon, it’s important to note that jury trials can be extremely long, so you want to discuss with your attorney how best to prepare for this should you be faced with a trial.

What is the statute of limitations to file a catastrophic injury claim in Colorado Springs?

Statutes of limitations are a state’s time limit for a plaintiff to file a lawsuit. In Colorado, the statute of limitations in a personal injury case is two years, meaning a catastrophic accident victim only has two years after the accident to file their catastrophic injury claim. The statute of limitations usually begins at the date of harm, but may also begin when the plaintiff discovers the harm.

Damages available for a catastrophic injury in Colorado Springs, Colorado

Damages in a personal injury case refer to the compensation that is to be paid to the injured party by the party found legally responsible for causing the incident. Different types of damages may arise in a personal injury claim, which is unsurprising since there are many factors to be taken into consideration.

If you’re looking to file a catastrophic injury claim, it’s important to understand damages and what you may be compensated for. The following are the standard types of damages in a catastrophic injury lawsuit: 

• Pain and suffering: This covers any discomfort or pain you may have endured as a direct result of the incident. These damages may include any pain directly after the accident occurred or any ongoing pain well after the incident that stems from the incident itself. Plaintiffs may be compensated for any pain and suffering they experience following the defendant’s negligent behavior.

• Emotional distress: In addition to pain and suffering, it’s not uncommon for accident victims to suffer from emotional distress as well. Emotional distress damages compensate the victim for the psychological effects they have suffered from the accident, including anxiety, loss of sleep, and fear.

• Loss of income: Severe accidents have a strong likelihood of causing victims to suffer a loss of income due to their inability to continue working. Many personal injury cases require the plaintiff to be compensated for both the money they have lost as a result of the accident and any future income they would likely have earned had it not been for the accident preventing them from continuing to work. 

• Medical expenses: The most self-explanatory type of damages in a personal injury case is medical expense. The defendant must compensate the plaintiff for any medical expenses they have incurred as a result of the defendant’s negligence. In catastrophic injury cases, medical expenses are usually quite costly, and the plaintiff should expect to be compensated for their medical bills.

Damages sought and awarded in a catastrophic injury case can be broken down into economic and non-economic damages:

Economic damages

• Past medical expenses
• Future medical expenses
• Rehabilitation costs
• Medical equipment
• Home modification or accommodation costs
• Pre-tax value of past wage loss
• Pre-tax value of future wage loss

Non-economic damages

• Pain and suffering
• Loss of enjoyment of life
• Mental anguish
• Inconvenience
• Physical impairment
• Disfigurement

The catastrophic injury attorneys at Bachus & Schanker can walk you through the differences in these types of damages and will let you know which ones you likely will be compensated for.

What is the average catastrophic injury settlement in Colorado?

The average personal injury settlement ranges from $3,000 to $75,000. While the less severe cases with minor injuries usually settle on the lower end of that spectrum, more serious and catastrophic injuries are likely to settle around the higher end, near $75,000. It is possible, however, for some personal injury cases to settle for millions of dollars, but that isn’t as common, and these injuries are typically extremely traumatic. 

The settlement you receive from your lawsuit will likely take into consideration everything you need to be compensated for.

How our premier catastrophic injury lawyers can help you

The legal team at Bachus & Schanker understands the complex nuances that come with handling a catastrophic injury lawsuit. We are here to guide you through this stressful process. Contacting one of our Colorado Springs catastrophic injury lawyers will help ease the burden of your catastrophic injury case and will likely result in you being justly compensated for your damages. 

Contact your Colorado Springs catastrophic injury lawyers today!

Sources: 

Goguen, D. (2023). Can I Get Compensation for a Severe or Catastrophic Injury?
Goguen, D. (2023). Personal Injury Case Timeline.
Goguen, D. (2023). Personal Injury Damages and Compensation.
Goguen, D. (2023). Proving Negligence In a Personal Injury Case.
Goguen, D. (2023). Wrongful Death Lawsuits and Settlements: An Overview.
Suszek, A. (2023). What is the “Duty of Care” in Personal Injury Law?

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