If you’ve been injured due to the negligence, recklessness, or intentional misconduct of another individual (or entity), then New Jersey law may give you a right to sue and recover damages from the liable defendant. Still, though personal injury litigation may seem straightforward at first glance, it can be complicated by a number of different factors, such as a particularly severe injury.
Catastrophic injuries can have a life-altering effect on you. Depending on the type of catastrophic injury you experience, you could be prevented from working again, be forced to give up many recreational pursuits, and experience a significant deterioration in the quality of your personal and social engagements.
At Folkman Law, our attorneys have obtained significant results for our clients in a variety of personal injury disputes, including those that involve catastrophic losses. Contact us today to learn more about how a Cherry Hill personal injury lawyer can help you navigate the litigation process effectively.
Types of Catastrophic Injuries
Commonly encountered catastrophic injuries include, but are not limited to:
- Brain injury
- Spinal cord injury
- Loss of limb
- Severe burns
- Torn ligaments
- And more
Catastrophic injuries may give rise to a range of damages:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Loss of property
- And more
Challenges in Litigating a Catastrophic Injury Dispute
Damages May Be Uncertain or Subjective in Nature
Catastrophic injuries are generally so severe that the plaintiff has not fully recovered from the harm by the time litigation proceeds. As such, much of the damages (i.e., future wage loss, loss of earning capacity, future medical expenses) might involve an element of uncertainty that the defendant will use to undermine the lawsuit.
Suppose that you are planning on experimental surgery due to your spinal cord injury. The insurance company may argue that your damages are inflated, as the experimental surgery that you’re undertaking is not only medically unnecessary but is unlikely to correct your impairments.
You can better support your arguments by introducing reputable witnesses to testify on your behalf. If you require experimental surgery, for example, then you may want to introduce the testimony of highly-respected surgeons who can discuss the likelihood of success and the value of the surgery for your overall quality of life.
Damages Must Be Maximized
Damages in a catastrophic injury case can be substantial, and this amount can be further multiplied by punitive damages (in cases where the defendant has acted willfully and maliciously).
Given the range of damages available to the catastrophic injury plaintiff, success must be measured not only in terms of a favorable verdict, but also in terms of the amount of compensation actually secured. For example, if your damages total $1 million, you want to recover all, not some, of the actual damages, in order to pay your bills and compensate you for your various losses.
Contact Folkman Law to Request a Free and Confidential Consultation
Catastrophic injury disputes are both challenging and full of unique opportunities. We believe that our comprehensive client-oriented approach to litigation ensures that we have the tools necessary to effectively advocate on your behalf.
At Folkman Law, our team of attorneys has decades of experience representing the interests of New Jersey plaintiffs who have suffered catastrophic injuries in an accident that was caused by the another’s fault.
Please call 856-354-9444 or contact us online to schedule a free and confidential consultation with an experienced Cherry Hill personal injury lawyer at our firm. Our attorneys are highly accessible to both prospective and current clients. We are available 24/7 to respond to any and all inquiries.