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FAQs

Catastrophic Injury & Wrongful Death FAQs

A catastrophic injury or the loss of a loved one can change a family’s life overnight. Below are brief answers to the questions we hear most often. Every case is different, so please contact us for a free, confidential evaluation of your specific situation.

Understanding Your Case

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What is a catastrophic injury?

A catastrophic injury is one that causes permanent or long-term disability, or prevents a person from returning to work or normal daily life. Common examples include traumatic brain injuries, spinal cord injuries and paralysis, amputations, severe burns, and loss of sight or hearing.

What is a wrongful death claim?

A wrongful death claim is a civil lawsuit brought when a person dies because of another party’s negligence, recklessness, or intentional act. It allows the family or estate to seek compensation for the losses caused by the death.

Who can file a wrongful death claim?

This depends on state law. Typically the claim is filed by the personal representative of the deceased person’s estate on behalf of close family members, such as a spouse, children, or parents.

How do I know if I have a case?

Generally, you may have a case if someone else’s carelessness or wrongful conduct caused the injury or death. The best way to find out is a free evaluation, where an attorney reviews the facts and explains your options.

How long do I have to file a claim?

Every state sets a deadline, called a statute of limitations, and it can be as short as one or two years. Some claims, such as those against government entities, have even shorter notice requirements. Missing a deadline can end your right to recover, so it’s important to act promptly.

Compensation

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What compensation may be available?

Depending on the case, compensation may cover past and future medical expenses, lost wages and earning capacity, long-term care, pain and suffering, and loss of enjoyment of life. In wrongful death cases, families may also recover funeral and burial costs, lost financial support, and the loss of companionship and guidance.

How much is my case worth?

There is no set formula. Value depends on the severity of the injuries, the impact on your life and finances, the strength of the evidence, and the available insurance coverage. An attorney can give you a better sense of value after reviewing the details.

Can I recover punitive damages?

In some cases, yes. Punitive damages are meant to punish especially reckless or intentional conduct, such as drunk driving. They are not available in every case, and many states limit them.

What if I was partly at fault?

In many states, you can still recover compensation even if you share some of the blame, though your award may be reduced by your percentage of fault. The rules vary by state, so don’t assume you have no case.

The Legal Process

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How long will my case take?

Some cases resolve in several months, while complex cases that go to trial can take a few years. Timing depends on the severity of the injuries, the number of parties involved, and how willing the other side is to negotiate fairly.

Will my case settle or go to trial?

Some cases settle before trial. However, we prepare every case as if it will go to trial.

Should I talk to the insurance company?

It’s best to speak with an attorney before speaking with an insurance company, giving a recorded statement or signing anything. Insurance adjusters work to minimize payouts, and early statements or quick settlement offers can hurt your claim.

What evidence should I keep?

Keep everything related to the incident, including photos, medical records and bills, police or accident reports, witness contact information, pay stubs, and any letters from insurance companies.

Will I have to testify?

You may be asked to give a deposition, which is sworn testimony taken outside of court. If the case goes to trial, you may also testify in court.

What if the at-fault party has no insurance or not enough?

There may be other sources of recovery, such as your own uninsured or underinsured motorist coverage, an employer’s policy, or other responsible parties. We look into every possible source of compensation.

Working With Our Firm

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How much does it cost to hire your firm?

We handle these cases on a contingency fee basis. That means you pay no attorney’s fees unless we recover compensation for you, and our fee comes as a percentage of that recovery.

Who pays the costs of my case?

Pursuing a catastrophic injury or wrongful death claim often involves expenses such as filing fees, medical records, expert witnesses, depositions, and investigation. We advance these costs on your behalf, so you pay nothing out of pocket while your case is pending. If we recover compensation for you, the case costs are reimbursed from the settlement or verdict. If we don’t recover any money for you, you owe nothing, including no attorney’s fees and no case costs. We’ll explain exactly how fees and costs are handled in your written fee agreement before we begin, and you’ll receive an itemized statement at the end of your case.

What happens during the free case evaluation?

An attorney will listen to what happened, review any documents you have, answer your questions, and explain your legal options. The evaluation is confidential, and there is no obligation to hire us.

What should I have available at my consultation?

Gather whatever you have, such as accident or police reports, medical records and bills, photos, insurance information, and any correspondence about the incident. If you don’t have these documents yet, that’s okay. We can help obtain them.

Why should I hire a lawyer for a catastrophic injury or wrongful death case?

These cases often involve large insurance companies, complex medical evidence, and significant long-term losses. An experienced attorney can investigate thoroughly, work with medical and financial experts, handle the insurance companies, and fight for the full compensation you and your family deserve.

Have More Questions?

Contact us today for a free, confidential case evaluation. We’re here to listen and help you understand your options.

Attorney Fees & Costs


Plaintiff personal injury matters will be handled pursuant to a contingency fee agreement. You will only be charged a fee and pay costs if money is collected on your behalf.

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