Unique Issues in Cases Involving Catastrophic Injuries
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If you’ve suffered catastrophic injuries in a motor vehicle accident (that was caused by the negligent, reckless, or intentional misconduct of another party), then Arizona law may give you a right of action for significant damages as compensation. Catastrophic injury claims are often associated with high damage recoveries, but — while it’s important to remain positive — there are a number of unique challenges associated with such disputes.
Let’s take a look.
Damages Must Be Sufficient to Cover Losses
Catastrophic injury damages must be sufficient to cover all your losses. These losses can be extensive and diverse, depending on the nature of the accident, the plaintiff’s own circumstances, and the resulting injuries. It is not “satisfactory” to secure damages that are not enough to cover one’s losses.
For example, suppose that you are injured by a truck in a highway accident. The truck driver lacks adequate insurance coverage to compensate you for the range of losses that you suffered as a result. Though your damages totaled $500,000, you were only able to recover $100,000. That would be insufficient, given the circumstances.
Now, if your attorney identified that the truck driver was an employee acting within the course and scope of their employment (at the time of the accident), then you might be able to bring a lawsuit against the employer under the vicarious liability doctrine. The employer would likely have sufficient insurance coverage to pay out your damages in full.
Effective advocacy in the catastrophic injury context therefore requires a thorough assessment of the litigation landscape (and available opportunities for damage recovery).
Speedy Resolution Issues
Given how destructive the consequences of a catastrophic injury can be (i.e., causing the victim to suffer a disabling condition, requiring extensive surgical and rehabilitative intervention to ensure a return to good health), a speedy resolution is quite desirable in many cases. A catastrophic injury can put the plaintiff in a uniquely vulnerable position financially — they might not have the resources to cover all their medical expenses, or to provide for their family given their inability to return to work.
As such, plaintiffs may find themselves performing a balancing act between securing a speedy resolution, and one that is more comprehensive. At Hirsch & Lyon, we believe that our approach to litigation is well-suited for both maximizing the client’s compensation and doing so within a reasonable timeframe.
Our attorneys are battle-tested litigators who have a reputation for being willing and able to take a case through to trial when necessary. This has a significant effect on our ability to negotiate a favorable settlement for our client — opposing counsel must take your claims seriously, given that (in the alternative) they could be exposed to the cost and uncertainty of trial.
Contact Hirsch & Lyon for a Free and Confidential Consultation
Here at Hirsch & Lyon, our team of attorneys has many decades of experience litigating catastrophic injury claims for plaintiffs involved in various motor vehicle accident scenarios (car, truck, motorcycle, and pedestrian accidents). We are well-acquainted with the unique challenges that catastrophic injury plaintiffs face in the wake of an accident and are committed to working tirelessly on their behalf to ensure that they can secure the compensation they need to cover their losses.
Whereas many other firms shuffle clients through like “mere customers,” we see our relationship with clients as a partnership — we keep the client in the know at all times and engage them closely so that we can better understand the circumstances of their case, their goals, and their concerns moving forward. This approach to litigation allows us to craft a tailored solution for each and every client.