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Legal information: How to maximize damages after one has suffered a catastrophic injury

by Anitra Lahiri

Created on: January 01, 2009   Last Updated: November 18, 2010

Life takes unexpected turns, and sometimes those turns lead to catastrophic injuries. The injured party's life is impacted tremendously in countless ways. In spite of this, however, there is still great hope: The wounded can continue to live a life of quality, especially if they act swiftly in determining the financial implications of their injuries. In order to receive the best possible care, it is important for those suffering from catastrophic injuries to know what to expect financially so that they can maximize the amount of compensation they can receive.

A catastrophic injury is one in which the victim's life has been greatly impacted, often by the effects of the injury on the central nervous system. Injuries that can be considered catastrophic include, but are not limited to, those that cause brain and spinal cord injuries, multiple bone fractures, head trauma, severe burns, or neurological disorders. The victim may be suffering from mobility challenges, loss of sensory perception, or an interruption in communication or cognitive abilities.

The first question to ask oneself in this situation is, Did someone else, or a faulty product, cause my injuries? If the answer to that question is yes, then it is imperative to be able to identify the responsible party. If the injuries were the result of a crime, you may need to apply for Crime Victim assistance. You may be also eligible for victim assistance funding that is available in some states, such as California. The Office for Victims of Crime Resource Center(1-800-851-3420) can help guide you through these processes. If the injuries were caused by a car accident or faulty vehicle, you may want to follow these steps (Keep in mind that a trusted colleague or friend may be needed to do some of these steps for you if your injuries are too severe.):

1. Take photographs of the scene of the accident or of your vehicle.
2. Contact all involved insurance companies to file a claim.
3. Some insurance companies will require you to fill out an Accident Report Form. Contacting insurance companies and filing a claim in a timely manner will aid you financially in the long run.
4. A recent but pertinent rule of thumb is to require a copy of the complete claim file from the insurance adjuster. This will help prevent you from later being mistakenly surcharged for an accident
5. Additionally, be aware that your insurance company may contact you to discuss subrogation issues (that is, whether a lesser-involved third party is helping

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