Medical costs can reach into the hundreds of thousands, and many victims may be unable to live independently after their incident.
Langdon & Emison is a law firm with the diligence and skill needed to help you and your family pursue compensation. Whether your injury was caused by a defective consumer product, dangerous drug, birth injury, or serious vehicle collision, a Kansas City personal injury lawyer can help you seek justice.
Call our offices today at (866) 931-2115 for a free consultation.
How do I know if my injury is considered catastrophic?
Although you may feel like any serious or life-altering injury is catastrophic, the law has a more specific, objective definition of catastrophic injury.
The state of Missouri lists several categories of injury that qualify as catastrophic:
- The loss of two or more limbs
- Paraplegia, which is the functional loss of the use of two or more limbs
- Quadriplegia (tetraplegia), which is the functional loss of use of all four limbs
- A brain injury resulting in permanent cognitive impairment, rendering the victim to be unable to engage in the activities of daily living independently
- Vision loss rendering your vision no more than 20/200 (in the better eye) or a restriction in the degree of vision in the better eye of less than 20 degrees
- An injury leading to the failure of at least one major organ system
Significant financial impact
Medical care for injuries this severe is expensive and extensive. Many victims require multiple medical procedures or long hospital stays. Some may need weeks or months of recuperation in a skilled nursing facility.
The financial impact of a catastrophic injury goes beyond paying for the victim’s care. The family’s finances could suffer if they financially contributed to the household or provided caregiver or child-rearing duties.
If the victim is a child, one parent may be thrust into a caregiver role, meaning that they may no longer be able to work and contribute financially to the family.
Once the victim completes medical care, where they live often comes up. People who suffer a brain injury may require permanent residency in a memory care facility, for example. In other cases, the family home may need extensive modifications, as could their vehicle.
Any settlement you seek should be enough to cover potentially supporting your loved one for the rest of their life.
Long-term effects
A catastrophic injury could cause health complications and secondary concerns that happen only because of the initial damage.
For example, a person with paraplegia could suffer damage to the pelvic organs due to their inability to walk and sustain the strength of their pelvic floor. This could mean another round of invasive and expensive medical treatments.
Psychological trauma
The initial psychological trauma of the accident could lead to post-traumatic stress disorder (PTSD), situational anxiety, and/or depression. As a victim, you may suffer flashbacks, insomnia, or panic attacks.
As the reality of your changed abilities sets in, you may likely develop depression or another mental health disorder.
A critical component of giving your loved one the best chance of recovery after a catastrophic injury is to get them the mental health help they need. Although a catastrophic injury is physically permanent, with the right combination of therapy and psychological care, your loved one could have a much better quality of life than they might otherwise.
How much does it cost to hire a catastrophic injuries attorney in Kansas City?
Many Kansas City catastrophic injury attorneys like those at Langdon & Emison work on a contingency basis. A contingency fee structure works as follows:
- Your attorney handles the legal costs of building the case and litigating it
- Your lawyer settles the case or wins an award in court
- You pay your legal fees out of the settlement
We typically charge a percentage of the final award to cover our attorneys’ time and the cost of putting the case together, like hiring expert witnesses and investigating the case. During your free initial consultation, we will discuss the fees involved in your catastrophic injury case.
Examples of catastrophic injuries
In our decades of combined legal experience, we’ve represented clients with some of these types of catastrophic injuries:
- Vision loss and eye injuries
- Severe burns requiring extensive skin grafts
- Traumatic brain injuries (TBI)
- Blunt force trauma leading to internal organ damage
- Amputation, either at the scene or as part of the treatment of a crushing injury
- Spinal cord injury resulting in quadriplegia or paraplegia
- Organ damage, either from a contaminated consumer product, bad drug, or trauma
- Serious neck injury
- Crushing injuries
- Orthopedic injury
Sadly, some victims of a catastrophic injury don’t survive. If you lost a loved one because of someone else’s negligence, your catastrophic injury attorney in Kansas City can advise you on how to proceed with a wrongful death claim.
What are the most common causes of catastrophic injuries in Kansas City?
Our legal team is experienced in handling some of the most complex types of catastrophic injury cases. Many of these are caused by:
- Car wrecks
- Motorcycle accidents
- Semi-truck collisions
- Defective drugs or prescription medications
- Contaminated or malfunctioning consumer products
- Workplace injuries
- Falls from heights
- Explosions or fire
- Boating or water accidents
- Birth injury during labor or delivery
- Pedestrian or bicyclist hit by a car
- Violent assault
If you don’t see the cause of your catastrophic injury here, that doesn’t mean you don’t have a case. Our experienced personal injury attorneys can evaluate your situation and provide personalized legal advice.
How can an attorney help me?
When you’re lying in a hospital bed facing permanent disability or limited cognitive abilities, you’re in no place to take on a complex catastrophic injury case alone. That’s where the Langdon & Emison team comes in. Our lawyers can help you at every stage of the legal process.
Don’t be surprised if the at-fault party’s insurance company contacts you or your family soon after the accident. They may offer a fast settlement, but be careful. Negotiating with an insurance company is risky. They’re in business to make money, not pay out large settlements, and you’ll likely face professional negotiators.
However, your lawyer can assist. Our personal injury attorneys are trained negotiators and we keep a cool head, focusing only on getting the maximum compensation to take care of all your past, present, and future needs.
You have legal rights after being hurt through someone else’s negligence. Your lawyer makes sure that the defendant, their lawyer, and a big insurance company don’t trample on them. As your attorney, we can help you communicate effectively with the police, investigators, and the defendant’s lawyer.
Catastrophic injuries are lifelong injuries. You’ll likely be unable to work in the same capacity as you did before – if you can work at all. A good catastrophic injuries lawyer in Kansas City can advocate for you and value your case to include future medical treatment and other needs.
How is compensation different in catastrophic injury cases?
Missouri personal injury laws permit victims of a catastrophic injury accident to seek three kinds of damages: economic, non-economic, and punitive.
Economic damages
Economic damages cover the full monetary losses from the accident, including:
- Current and anticipated medical care, like surgery, hospital stay, doctor’s appointments, and specialist care
- Prescription medications
- Mileage to and from any medical appointment
- Property damage, like a car, cell phone, watch, or jewelry
- Lost wages from time missed at work
- Loss of earning potential, as you’re likely to be unable to continue in your old job
- Accommodation in a skilled nursing or memory care facility
- Modifications to your home or vehicle
- In-home health aide or caregiver
Non-economic damages
Non-economic damages are intangible losses you may have suffered because of the accident. Becoming permanently disabled has a tremendous effect on your overall quality of life. While these losses are more subjective than your actual damages, they still have value, and you deserve compensation.
Non-economic damages include:
- Pain and suffering from your injuries
- Emotional trauma and mental anguish
- Loss of companionship (damaged relationships)
- Loss of consortium (the intimate relationship with a spouse or partner)
- Loss of guidance (from a parent to child)
- Diminished joy in activities you once used to love
Calculating non-economic damages is more subjective than simply adding together your total medical bills and other expenses. An experienced Kansas City catastrophic injuries lawyer can properly value your case to arrive at the highest possible amount of non-economic damages for your case.
Punitive damages
Unlike economic and non-economic damages, which are intended to compensate the plaintiff, punitive damages are punishment-oriented.
Missouri law defines punitive damages as those assessed against a defendant whose actions are egregiously negligent or in cases where there are aggravating circumstances. They’re intended to deter malicious negligence or misconduct or conduct or negligence intended to harm the plaintiff (the victim).
For example, an employer may have known that there were serious safety issues in the workplace but decided not to spend money to fix them. In that case, the employer may be assessed punitive damages.
It’s extremely rare to have a settlement include punitive damages. Usually, punitive damages are awarded by a jury if your case goes to trial. Suppose your Kansas City personal injury lawyer determines that the defendant (the party that caused your accident) acted with egregious malice or recklessness. In that case, they will present their evidence to a jury.
Have you suffered a severe injury? Our Kansas City catastrophic injuries attorney can help.
A catastrophic accident changes your life and the fate of your family forever. Many people’s lives are drastically changed, with no chance of complete physical or emotional recovery. As such serious accidents, these cases must be taken very seriously, with care and attention.
That’s where the catastrophic injuries lawyers at Langdon & Emison come in. We offer compassionate representation and tenacious litigation skills, helping you and your family through this ordeal. Trust that your claim is in the right hands, with a legal team fighting to get you top-dollar compensation.
Learn more by calling (866) 931-2115 for a free consultation with a personal injury attorney.
