To find out how Omaha personal injury lawyers at Demerath Law Office can help you with the most severe injury claims, contact our office for a free consultation.
Many accidents lead to permanent disability, including malpractice accidents and vehicular collisions. In order to ensure the victim is fairly compensated for these injuries, he or she needs legal assistance immediately. An experienced attorney works to present clear and fully documented evidence regarding the nature and extent of the injuries. Many individuals assume compensation is limited to medical bills and lost income, yet the goal is to actually ensure the person obtains the funds necessary to have financial security and appropriate medical care for years to come. This may include help around the house, if the individual can no longer complete these tasks on their own, personal care and more.
Types Of Catastrophic Injuries
Who May Be Held Accountable
When it comes to catastrophic injuries, an experienced lawyer considers multiple parties when determining who should provide compensation. The parties to be held liable will depend on how the injuries were sustained. For example, if the injury occurs at work, the employer may be held liable, the manufacturer of any equipment involved and any companies who worked on the equipment, depending on the circumstances. In the event the victim is injured in a motor vehicle accident, the other driver may be sued, the manufacturer of the car and the insurance company of the driver who was injured. The lawyer examines the facts of the case to make this determination and ensure all parties are held accountable.
Why Is This Possible
Negligence often plays a role in catastrophic injury cases. People and companies could be held accountable for actions they failed to take, especially when this action leads to a person being injured. Negligence occurs when a person or company fails to take action that any reasonable person or company would in order to prevent harm that could be foreseen. This differs from carelessness where a person tries to take measures, yet doesn't quite succeed in preventing the harm. The definition of negligence tends to be very broad, and an attorney evaluates the case to determine the specific legal implications of each party's actions and the extent of each party's involvement.
How Compensation Is Determined
Lawyers look at several factors when arriving at a fair settlement amount. Many people simply look at medical bills and time lost from work and accept a settlement based on these two figures. What they may not take into consideration in a case of this type is the physical, emotional and financial toll this accident has not only on the victim, but on other family members as well. For example, a person may need around the clock care. Who will provide this and how will they be paid? If a family member is taking on this responsibility, will they be quitting a job to do so? This loss of income needs to be factored in also, and these are the types of issues an attorney ensures are not overlooked.
Experts often need to be called in to help determine concrete figures. An attorney works with a network of professionals in a variety of fields to make this assessment and provide numbers that are fairly accurate. Every component needs to be examined and a case built that clearly and persuasively presents this to those responsible for making the final determination as to the amount of compensation to be provided. This may include economic experts, medical experts and experts in life care planning, along with numerous others.
Why Is This Of Importance
When a person is catastrophically injured, their entire life changes. Some victims experience a change in personality, either with or without accompanying physical symptoms, and others develop speech or comprehension problems. Chronic pain may become an issue for the person, which can be a challenge for others if there aren't physical symptoms that can be seen. The problem is that many of these outcomes may not be seen for a period of time after the accident. Others appear to abate and it is assumed the person will continue to improve, yet they don't. They hit a plateau and never more forward. This likewise must be considered as the victim works to determine compensation, and the experts can be of great help in determining effects of the injury years or even decades into the future.
What Compensation Should Be Anticipated
When it comes to compensation, the attorney looks at lost wages directly tied to time missed after the accident, future wages that will be lost as a result of the permanent disability, medical bills and more. This includes things such as emergency medical care, ongoing rehabilitation and therapy that continues for years or a lifetime and specialized care resulting from the injuries. General damages need to be taken into account, such as lawn care or housekeeping services the individual may need, as they are no longer able to perform these duties. In addition, the person may suffer from a loss of enjoyment of life due to the accident, a reduced standard of living, mental anguish and pain and suffering. Compensation could be received for these and other expenses, yet many fail to realize this. The attorney ensures no area is neglected.
When working with our firm, clients find that we don't focus solely on the compensation to be obtained through the case. We work to assist victims in the aftermath of their catastrophic injury, as it has far reaching effects on the victim and his or her loved ones. Our client's best interests always remain our top priority. Contact our office today so we can handle the legal aspects of the case. Your job is to work to recover as much function as is physically possible to live a full life. Let us take care of the rest.
Larry has been my family’s attorney for nearly half a century. He has represented us and given us invaluable advice for all these years and he succeeded in every aspect of his efforts. We have been more that pleased and blessed to have him as our attorney.
- Tom K
Our Law office represents personal injury clients throughout Nebraska including, but not limited to Omaha, Fremont, Lincoln, Falls City, Beatrice, Norfolk, O'Neil, Valentine, Grand Island, Kearney, Lexington, McCook, North Platte, Sidney, & Scottsbluff.
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