A catastrophic injury can include any type of injury that causes a long-term or permanent disability. This type of injury can be physically, emotionally, and financially devastating. If the injury was caused by another person, you may be able to file a personal injury lawsuit to recover money for your losses.
A settlement for a catastrophic injury may range from tens or hundreds of thousands of dollars to more than $1,000,000. There is no such thing as an average catastrophic injury settlement in West Virginia because there are so many factors, such as the amount of insurance coverage the at-fault party has, that influence the total compensation. Our West Virginia personal injury attorneys will fight to get you maximum compensation for your injuries.
At Johnstone & Gabhart, we offer experienced legal representation to victims of catastrophic injuries throughout West Virginia. We have the skills and know-how to negotiate top-dollar settlements for our clients. Reach out to our law offices to schedule a free initial consultation with one of our West Virginia catastrophic injury lawyers.
What Is a Catastrophic Injury?
A catastrophic injury is a serious physical injury that causes long-term or permanent disability, loss of a bodily function, or disfigurement. These injuries often require extensive medical treatment and rehabilitation, along with adaptive equipment and modifications to a person’s home and/or vehicle. Catastrophic injuries can also permanently alter a person’s ability to work or to perform everyday activities.
Many different types of injuries may qualify as catastrophic, depending on the severity of the injury. This may include:
- Spinal cord injuries and paralysis
- Traumatic brain injuries (TBI)
- Severe burn injuries
- Loss of limbs or amputation
- Severe organ damage
These types of injuries often cause irreversible changes in a victim’s life. A person who suffers a catastrophic injury may require lifetime medical care and support.
If you are severely injured in a car accident or other type of accident that was caused by another person, then you may be able to file a personal injury lawsuit against them. Most personal injury cases are resolved outside of court through settlement.
Catastrophic injury cases are different from typical personal injury claims because the level of harm and amount of loss are so much higher. To be fair, a catastrophic injury settlement should include compensation for:
- Past and future medical expenses
- Cost of long-term care or assistance
- Lost wages and loss of future earning capacity
- Home and vehicle modifications
- Adaptive devices
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Unlike typical personal injury cases, where losses are often easier to quantify, catastrophic injury cases are often more complex. Our West Virginia personal injury lawyers work with experts to calculate potential damages, including current needs, future needs, and long-term impacts. A life care plan is often developed to determine exactly how much money a catastrophic injury victim will need to pay for their expenses throughout their lives.
Catastrophic injury settlements are typically far larger than other types of personal injury cases. These settlements may reach into the hundreds of thousands or millions of dollars. If you want to get maximum compensation for your catastrophic injury, contact our law firm for a free consultation.
What Is an Average Settlement for a Catastrophic Injury in WV?
Just like with standard personal injury cases, there is no such thing as an “average” settlement for a catastrophic injury case. Settlement values will vary significantly based on the facts of the case, the strength of the evidence, and insurance limits.
More minor injuries typically result in smaller settlements, which may range from $10,000 to $100,000. Catastrophic injuries may lead to much larger settlements that may reach into the millions of dollars.
Our law firm has negotiated significant settlements for clients in catastrophic injury cases, including:
- A truck accident case where our client was paralyzed: $1,500,000 settlement
- A pedestrian accident case where our client was seriously and permanently injured: $850,000 settlement
- A dog bite case where our client was permanently scarred: $225,000 settlement
- A drunk driving case where our clients were seriously injured by a golf cart: $3,000,000 settlement
- A medical malpractice case where a podiatrist botched a surgery: $1,000,000 settlement
- A construction accident case where a dump truck driver lost control and hit a parked van, causing quadriplegia of the driver: $3,000,000 settlement
- A bicycle accident case where a bicyclist was struck by a car: $1,250,000 settlement
These settlements are just examples of compensation that we have recovered on behalf of our clients. It is important to remember that past results are not a promise of future outcomes. No lawyer or law firm can guarantee a particular result in a case.
Catastrophic injury cases often result in high settlements because the needs of the victim are so high. The goal of compensation in a personal injury lawsuit is to make the victim whole again. While that isn’t always possible, fair compensation can provide financial stability and the necessary resources to live your fullest life possible after an accident. Our West Virginia personal injury lawyers will fight to get you the money that you deserve for a catastrophic injury.
What Factors Influence the Value of a Catastrophic Injury Settlement?
The reason why there is no “average” settlement for a West Virginia catastrophic injury case is simple: every case is different. There are many variables that can impact the value of a settlement. Many of these factors are outside of the control of a victim.
First, victims with severe, permanent injuries will likely recover higher settlements than those with injuries that will heal over time. For example, brain injuries can vary widely in severity. A person who has a loss of cognitive ability from a serious TBI will likely recover a larger settlement compared to someone who suffered a mild concussion and will be fully healed within a few weeks. Generally, if you need more extensive medical treatment and ongoing medical care, your settlement will be higher.
Second, a victim’s capacity to work will impact the value of a catastrophic injury settlement. If you can’t work in the same job or in any job, then it will typically result in a larger settlement. Similarly, if you earned a high income prior to the accident, that will lead to a larger settlement compared to a person who had a lower-paying job or who did not work.
Third, the weight of the evidence will affect a settlement. If liability isn’t exactly clear, then your case will be weaker, which may result in a lower settlement. In addition, under West Virginia’s comparative negligence rules, your settlement could be reduced if you were partially responsible for the accident.
Fourth, the amount of insurance coverage that the at-fault party has will have a significant impact on your settlement. Even if your injury is so severe that you should recover a high settlement, if the responsible party has minimal insurance, you might walk away with a relatively low settlement check. In these situations, your West Virginia personal injury lawyer will examine other options, such as filing an uninsured motorist claim against your own policy or filing a claim against other parties.
Fifth, having seasoned legal representation will typically result in a higher settlement. Insurance companies want to settle claims for as little money as possible. A skilled lawyer will fight to get you the compensation that you deserve, taking into account both your current losses as well as your future expenses. In catastrophic injury cases in particular, it is incredibly important to have an attorney by your side.
While there are no guarantees in any personal injury case, working with an experienced WV personal injury lawyer is the best way to get the compensation that you deserve for your injuries. Our law firm handles all cases on a contingency fee basis, which means that you won’t pay a fee unless we recover money for you. Contact us at any time to schedule a free consultation with a member of our legal team.
Have You Suffered a Catastrophic Injury? Reach Out for Help.
Catastrophic injuries can affect every aspect of your life. While money won’t make you whole again, it can allow you to get the care and support that you need. As lawyers, our job is to make sure that you get maximum compensation for your losses.
Based in Charleston, Johnstone & Gabhart represents catastrophic injury victims in all types of West Virginia personal injury cases. We will negotiate a top-dollar settlement for you, and if necessary, take your case to trial to get you the money that you deserve. To learn more or to schedule a free initial consultation with a West Virginia catastrophic injury attorney, give us a call at 866-808-2016 or fill out our online contact form.
