North Carolina Catastrophic Injury Lawyer

Call for a FREE Consultation: (919) 891-8361

Catastrophic injuries make for high-stakes, high-value claims that demand the attention of experienced attorneys. At Hyland, Padilla & Fowler, PLLC, we have the resources to help victims fight for the compensation they deserve. 

If you or someone you love were seriously injured due to someone else’s negligence or wrongful act, our North Carolina catastrophic injury attorneys can help explore your options for pursuing legal action. We’ve been fighting for the seriously injured since 1999 and have recovered millions of dollars in compensation for clients. 

Learn more about your rights and legal options during a FREE consultation. Call (919) 891-8361 or contact us online.

What Is a Catastrophic Injury?

In personal injury law, lawyers use the term “catastrophic injury” to describe injuries that profoundly impact a victim’s life. These injuries typically result in significant medical treatment, ongoing rehabilitation, and a lifetime of care and support.

Common types of catastrophic injuries include:

• Traumatic brain injuries (TBI)
• Spinal cord injuries leading to paralysis
• Severe burn injuries
• Amputations
• Multiple fractures
• Organ damage
• Severe orthopedic injuries

Whether they result from car wrecks, construction accidents, or slips and falls, catastrophic injuries expose victims and their families to significant challenges, including: 

• Profound pain and suffering. Recovering damages for the pain and suffering endured by a victim is an essential component of any injury case. In matters of catastrophic injuries, these damages can be profound, long-term, and life-altering. As such, it’s important for attorneys to calculate the impact an injury has on a victim’s emotional well-being when pursuing a fair recovery for past and future pain and suffering. 
• Large financial losses. Victims who suffer catastrophic injuries are more likely to incur larger financial losses than those with less serious injuries. These losses can include medical bills related to costly and invasive treatments or surgeries, as well as medical expenses that accompany their recovery or future needs, which can sometimes persist for life. Additional economic losses may result from lost wages and lost future earnings, especially when injuries prevent a victim from working and earning income. 
• Losses suffered by family members. Catastrophic injuries commonly have far-reaching consequences that impact the lives of a victim’s family – from emotional suffering to lost financial support. In personal injury cases involving serious injuries, attorneys can pursue compensation for certain damages suffered by a victim’s loved ones, including loss of consortium (companionship) and other emotional injuries.

What are the Common Causes of Catastrophic Injuries?

Catastrophic injuries can result from various incidents, including but not limited to:

• Motor Vehicle Accidents: Car, truck, motorcycle, and pedestrian accidents.
• Workplace Accidents: Industrial, construction site, and heavy machinery accidents.
• Medical Malpractice: Surgical errors, misdiagnoses, and improper treatment.
• Slip and Fall Accidents: Falls from heights, slippery surfaces, and unsafe premises.
• Defective Products: Malfunctioning machinery, dangerous consumer products, and pharmaceutical errors.

Liability in Catastrophic Injury Cases

To hold someone liable (or financially responsible) for a catastrophic injury, it must be proven that their negligence or intentional act directly caused the injury. Negligence involves failing to act with the care that a reasonable person would act with in similar circumstances. This could be a driver who was texting while driving, a property owner who failed to maintain safe premises, or a manufacturer who produced a defective product.

Generally, you must prove the following elements to establish liability:

• Duty of Care: The defendant had a legal obligation to ensure your safety.
• Breach of Duty: The defendant failed to uphold this duty through negligence or wrongful actions.
• Causation: The breach directly caused your injuries.
• Damages: You suffered actual damages, such as medical expenses, lost wages, and pain and suffering.

Fault and liability are key issues in any personal injury case, and especially so in catastrophic injury claims where victims depend on successful resolutions to repair their lives. Proving the essential elements, however, is a challenging and fact-specific task that requires victims to work with attorneys who can adequately investigate their accidents, gather evidence, and collaborate with expert witnesses who provide crucial testimony to support their claims.

At Hyland, Padilla & Fowler, PLLC, our North Carolina catastrophic injury lawyers have the resources to conduct the legal legwork these complex cases require. We can discuss your case, potentially liable parties, and what we can do to help you fight for justice during a consultation.

Damages in Catastrophic Injury Lawsuits

Victims of catastrophic injuries are entitled to seek compensation for various damages, including:

• Medical Expenses: Current and future medical costs related to the injury.
• Lost Wages: Compensation for income lost due to the inability to work.
• Loss of Earning Capacity: If the injury prevents the victim from returning to their previous occupation or any work.
• Pain and Suffering: Compensation for physical pain and emotional distress.
• Loss of Consortium: Compensation for the impact on the victim's relationship with their spouse or family.
• Rehabilitation Costs: Expenses for ongoing therapy and rehabilitation.

The Catastrophic Injury Claim Process

Hyland, Padilla & Fowler, PLLC provides personalized guidance through every stage of the catastrophic injury lawsuit process. This includes support for:

1. Claim evaluations. We offer free consultations where our experienced attorneys evaluate the details of potential cases. We can discuss the circumstances of your injury, potential liability, and your legal options. This initial meeting helps us understand your needs and set a strategic direction for your claim.
2. Investigations. Our team conducts a thorough investigation to gather evidence that supports your claim. This includes collecting medical records, accident reports, witness statements, and expert opinions. A comprehensive investigation is crucial for building a strong case and establishing liability.
3. Claim Filing. Once we have gathered sufficient evidence, we prepare and file a detailed claim on your behalf. The claim outlines the extent of your injuries, the impact on your life, and the compensation you are seeking. This step is critical to formally initiate the legal process and notify the responsible parties.
4. Negotiations. We engage in negotiations with the insurance companies or responsible parties to seek a fair settlement. Our attorneys leverage their experience to advocate for your best interests, aiming to secure the maximum possible compensation. Most cases are resolved at this stage without the need for a trial.
5. Litigation. If a fair settlement cannot be reached, we are prepared to take your case to court. Our attorneys have extensive trial experience and will present a compelling case to the judge and jury. Litigation is sometimes necessary to ensure you receive the justice and compensation you deserve.
6. Resolution. Whether through settlement or trial, our goal is to achieve the best possible outcome. We work diligently to ensure that all aspects of your damages are addressed, from medical expenses to long-term care needs. Our commitment is to support you throughout the process and secure a resolution that helps you move forward.

How Long Do I Have to File a Catastrophic Injury Claim in North Carolina?

In North Carolina, the statute of limitations for personal injury claims is generally three years from the date of the injury. This means you have three years to file a lawsuit seeking compensation. If you fail to file within this period, you may lose your right to pursue legal action and recover damages.

However, certain circumstances can affect this time limit. For example, cases involving minors, medical malpractice, or instances where the injury was not immediately discovered may have different statutes of limitations. Our attorneys at Hyland, Padilla & Fowler, PLLC can help you determine the statute of limitations that applies to your case.

Call For a FREE Consultation: (919) 891-8361

Hyland, Padilla & Fowler, PLLC is passionate about fighting for victims and their families and has the experience to take on the challenges of claims involving catastrophic injuries. If you have questions about a potential case, we’re ready to help.

Our North Carolina catastrophic injury lawyers serve clients across Raleigh, Durham, and beyond, and collect no fee unless we win. Call (919) 891-8361 or contact us online to request a FREE consultation.