Have you been involved in an accident or other circumstance that left you with catastrophic injuries in Florida, Arkansas, Tennessee or Mississippi? Although many attorneys handle personal injury actions, not many handle cases involving catastrophic injuries, which can come equipped with their own set of challenges. Cases involving catastrophic injuries are particularly challenging to litigate. They can be complicated to explain to a jury of non-medically trained personnel and often involve expert witnesses in many different areas of medicine to make the jury understand the truly catastrophic nature of the victim’s injuries. In addition, the stakes are even higher than in a normal personal injury accident where someone has suffered much less severe injuries because, with a lawsuit, you only have one chance to obtain a recovery for your personal injuries suffered as a result of someone else’s negligent or wrongful actions. Therefore, it is of the utmost importance that you entrust a skilled law firm like the experienced personal injury attorneys of Schwed, Adams & McGinley if you have suffered catastrophic injuries as a result of someone else’s actions.
The Unique Aspects of Cases Involving Catastrophic Injuries
To illustrate the difference between a case with catastrophic injuries and a more run-of-the mill personal injury case, take an automobile accident case for example. In the typical automobile accident case, a motorist or passenger in a vehicle that is rear-ended by another driver may suffer some whiplash or soft tissue injuries. While these are injuries that are both painful and can also be costly for the accident victim as far as the medical treatment required, the medical treatment associated with such injuries often will not be substantial. Proving this type of case at a trial typically will not involve the use of medical expert witnesses either, as most jurors will understand both the mechanics of the accident as well as the nature of the victim’s injuries.
However, in a case involving catastrophic injuries, proving both the injuries as well as the mechanism by which those injuries occurred could be more complicated, time-consuming and expensive than in the average personal injury case. Take as an example another motor vehicle accident, but this time one involving a severed spinal cord. Showing jurors the mechanics of how the accident occurred will require medical and other expert testimony to explain to the jury exactly how the injuries suffered in the accident occurred as well as the future prognosis of someone who has suffered such injuries. Additionally, your lawyer will also need to be comfortable with those same concepts and turning complex medical issues into plain English that a jury will understand. During our more than 150 years of combined legal experience representing personal injury victims, the experienced attorneys of Schwed, Adams & McGinley have developed the skill and expertise necessary to explain the often complicated facts and medicine involved in a catastrophic personal injury case to a jury.
Damages Available in Personal Injury Actions Involving Catastrophic Injury Cases
A victim who has suffered catastrophic injuries in an accident or other scenario in Florida, Tennessee, Mississippi or Arkansas can recover damages for expenses related to medical treatment for his or her injuries, any lost income (both past and future) the victim suffered as a result of the accident, and any other financial losses the victim suffered. This also includes any pain and suffering, both past and future, the victim may have experienced. Whereas in Florida and Arkansas, there are no caps on pain and suffering in personal injury claims including those involving catastrophic injuries, in Tennessee an award for pain and suffering is capped at $1,000,000 if the victim suffered catastrophic injuries. In Mississippi the recovery of noneconomic damages is limited to $1,000,000 in personal injury actions, including those in which the victim suffered catastrophic injuries.
Contact the Experienced Personal Injury Attorneys at Schwed, Adams & McGinley if You Have Suffered Catastrophic Injuries Due to Someone Else’s Actions
At Schwed, Adams & McGinley we have a combined wealth of legal experience of more than 150 years. We are comfortable explaining the often dauntingly complex issues involved in such cases to non-medically trained jurors in simple, easy to understand terms. We also have a roster of tried and true expert witnesses who will assist us in conveying the severity of your injuries to a jury to ensure maximum compassion from the jurors for your situation.
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