To prove the long-term effects of a traumatic injury, claimants should provide proper evidence. This will vary depending on the nature of the injury and type of effects you must prove, such as the costs and financial losses you’ve suffered, as well as any physical and emotional losses.
Proving Future Impairment When an Accident Causes a Catastrophic Injury
There are many different types of physical harm considered to be catastrophic:
- brain damage;
- traumatic amputation;
- spinal cord injury;
- neck/back injuries; and
Each can have long-term effects that claimants should address when seeking compensation.
Claimants must establish how the injury will impact their life. One way to do this is by addressing the costs incurred as a result of the injury. Most common are the medical bills.
Any treatment received can be proven through statements or receipts that show expenses for medication, hospitalization, surgery and other medical costs. To address future expenses, claimants may rely on evidence of these costs incurred as well as a doctor’s assessment of future recovery and care or treatment needs.
With permanent impairment, showing costs incurred could include:
- additional surgeries;
- hospitalization; and
An attorney will work with medical professionals to get a good idea of what to expect and make sure a claim adequately addresses these future expenses.
Another aspect of a long-term traumatic injury is the financial losses. This more often applies to wages, whether the claimant misses several months of missed time from work or the impairment prevents him or her from ever returning.
Evidence that can establish these losses may include documentation from the employer, which indicates how much the individual had been earning at the time of the accident. A calculation could be made as to the amount of income that will no longer be available while recovering. Or anticipated future earnings when disabled (sometimes even up to retirement) could also be figured.
In some cases it might also be possible to recover financial losses related to health insurance, pension plans and other benefits. An attorney can explain one’s right to seek damages for future financial losses.
Physical and Emotional Losses
When a catastrophic injury causes impairment, there is oftentimes long-term physical and/or emotional suffering. An example would be an individual who is struck by a drunk driver and becomes paralyzed. Or a truck driver who runs a red light, slamming into someone’s vehicle and causing it to burst into flames and the victim to suffer third-degree burns over 75 percent of his/her body.
A doctor may determine that an injury will cause chronic pain. A disfiguring injury will impact someone psychologically, resulting in anxiety and depression. These would be taken into account when seeking damages. Testimony from medical experts is one way to prove these types of losses.
How an Attorney Helps after Suffering a Traumatic Injury
Future impairment and effects oftentimes goes beyond the financial burden a victim or family may experience. To prove these damages, seek help from an attorney. Legal counsel will know the types of documentation, records and other means of proving future damages. Don’t delay contacting attorney D.J. Banovitz if you’re in the Arvada area and in need of legal representation. Call us at 303-300-5060 to set up a consultation.