What are Catastrophic Injuries and What Claims Can Be Made for Catastrophic Injuries Resulting from Auto Accidents?

Catastrophic injuries are very serious physical injuries that have significant impact a person’s life for an extended period of time or permanently. Injuries that leave a person disfigured, disabled, debilitated or with a significantly reduced quality of life are often referred to as catastrophic injuries. Injuries that result in death are also considered catastrophic injuries.

In car accidents, claims involving catastrophic injuries are the ones that most often require the involvement of a personal injury attorney in order to procure all the benefits and compensation the victim is entitled to. Catastrophic injuries are often life-threatening and almost always require extensive medical care and an extended period of rehabilitative treatment. Add to that the fact that many victims of catastrophic injuries are unable to work and you have a very expensive injury that the victim has a reduced ability to pay. Stress, depression and anxiety are also common among victims of catastrophic injuries as they struggle to cope with their impairment and its impact on their life.

Catastrophic injuries get very expensive for the insurance companies liable for them and, as a result, those companies frequently attempt to deny claims or offer settlements for much less than the true value of the damages suffered by the victim. This is why lawyers are almost always required.

If you or a loved one has suffered a catastrophic injury in a car accident, the personal injury lawyers at Sachs Waldman, P.C. can help. Our attorneys have extensive experience recovering damages for victims of catastrophic injuries related to car accidents. Call today to schedule a free consultation: 1-800-638-6722.

Car Accident Injury Claims for Catastrophic Injuries

Victims of catastrophic injuries typically file two kinds of claims:

1. Personal injury protection (PIP) claims, typically from your own insurance policy or another carrier in higher priority under the no-fault statute when applicable.
2. Tort liability claims or third-party claims against the at-fault driver or other indivuals or entities responsible for their negligent acts, for pain and suffering, other non-economic damages, and excessive economic damages, such as loss of income greater than the amount no-fault insurance is required to cover by law

Michigan’s no-fault insurance law guarantees personal injury protection coverage for nearly everyone involved in a car accident. Only someone driving their own uninsured vehicle is not covered in some way. But that doesn’t mean the insurance company responsible for the coverage wants to hand over hundreds of thousands of dollars without a fight. In most cases, victims suffering catastrophic injuries need the help of an experienced attorney to hold the insurance company’s feet to the fire — usually through a personal injury lawsuit.

Non-economic damages and excess economic damages, however, are another story. Michigan law does require insurance coverage for non-economic damages, such as pain and suffering or loss of consortium. However the statutory minimum amount for that coverage is $20,000, which is rarely enough in cases of catastrophic injury.  You may have elected uninsured and/or underinsured motorist coverages from your own carrier, in the event that the at fault party doesn't have coverage at all, as required by law, or in case they do not have enough coverage to compensate you for your level of damage from the injury. Additionally, coverage for loss of income and certain other economic damages are required only up to a certain amount. To recover compensation for non-economic damages or economic damages greater than covered by insurance, a lawsuit must be brought against the at-fault driver and his/her insurance company.

However, not every accident injury case qualifies for recovery of non-economic damages or bringing of a tort liability claim. In order to qualify, the injuries incurred by the victim must meet a certain threshold of severity. According to Michigan law, the injuries must result in one of the following to qualify for recovery of non-economic damages:

• Death
• Permanent serious disfigurement
• Serious impairment of body function

Most catastrophic injuries qualify as one of the above “threshold” situations. It is most common for catastrophic injuries to qualify under “serious impairment of body function.”

Don’t Assume You Have to Take What the Insurance Company Offers

Many car accident injury victims assume that they have to take what the insurance company offers for their injuries or they risk getting nothing. However, this is not true. An experienced and skilled personal injury lawyer, like those at Sachs Waldman, P.C., can usually help you get more compensation for your injuries than you thought possible. We understand the long-term impact that injuries, medical treatment and disabilities can have on a person’s life and how much is necessary to compensate you for that impact.

If you’ve suffered serious or catastrophic injuries due to a car accident in Michigan, the personal injury firm of Sachs Waldman, P.C., can assist in getting you the benefits you’re entitled to for your no-fault auto accident. Call our Detroit personal injury attorneys’ office at 1-800-638-6722 to schedule a free consultation.