Every year in North Carolina, thousands of people suffer all types of personal injuries due to the actions of others, often leaving them wondering how they can recover their losses and hold the appropriate parties accountable for the harm they’ve done. In many of these cases, plaintiffs are able to eventually recover from their injuries and resume their normal routines. However, not all personal injury victims are this fortunate.
Some personal injuries, called catastrophic injuries, result in permanent harm to the victim. This could take the form of disability, disfigurement, and various types of physical and mental medical conditions that diminish the victim’s quality of life. The purpose of a personal injury suit is for the victim of another party’s negligence or misconduct to secure compensation for the losses they suffered, but it can be very difficult to imagine an amount of financial compensation suitable to reflect the severity of permanent disability, loss of the ability to work, or even loss of the ability to live independently.
If you or a family member recently suffered any type of catastrophic personal injury due to another party’s actions, you likely have grounds to file a personal injury claim against them. However, even if fault is clear to you, the actual process of securing compensation for your damages and holding the defendant appropriately accountable can be more challenging than you might expect.
The Law Offices of Wade E. Byrd P.A. can provide the legal counsel you need to navigate your case with confidence. Attorney Byrd has more than 40 years of professional experience handling all types of personal injury claims on behalf of Charlotte area clients, including those pertaining to catastrophic and life-changing injuries. Our team’s goal with every case we accept is maximum recovery for our client. We will take time to get to know you, listen to your story, and learn the full effects your catastrophic injury has had on your life and your family.
It’s technically possible to file a personal injury suit without an attorney, but doing so would likely be more difficult than you are prepared to handle on your own, especially if you are recovering or helping a family member recover from a life-changing injury. You will need to gather evidence to prove liability for the injury, prove the full range of damages the defendant inflicted, and accurately calculate future damages resulting from the incident. Even if you managed to win your case on your own, you would be unlikely to secure as much compensation as an experienced Charlotte catastrophic injury attorney could win for you.
Ultimately, hiring a Charlotte catastrophic injury attorney greatly increases your chance of success with your case; you will also be more likely to maximize your total case award with their help. The Law Offices of Wade E. Byrd P.A. will help assess the full range of damages you can seek from the defendant who injured you, determine appropriate pain and suffering compensation to reflect the severity of your injury, and guide you through the difficult proceedings ahead until you reach a positive outcome to your case.
It’s possible for a catastrophic injury to occur in many ways, and the first step in success with any personal injury suit is proving exactly how the injury occurred and accurately identifying the party or parties responsible for causing it. A few of the most common causes of catastrophic injuries include:
Ultimately, you may have grounds to file a catastrophic injury claim if any other party directly caused any type of permanent harm to you or a family member. You will need to identify whoever caused the injury and then prove that their negligence or illegal misconduct directly caused the harm.
Once you have proven fault for your damages, you can proceed with holding the defendant accountable for the losses they inflicted. This is more difficult in catastrophic injury claims than other personal injury claims due to the breadth of long-term damages the plaintiff is likely able to claim. Accurate calculation of these projected losses is much easier for the plaintiff when they have legal representation. The average plaintiff is eligible to claim various economic damages from the defendant, including:
You may be entitled to claim more economic damages than you may initially expect, and the right Charlotte catastrophic injury attorney can be an essential asset when it comes to fully uncovering the entire range of immediate and future economic losses that can be cited in your claim. However, most plaintiffs in catastrophic injury claims receive the bulk of their compensation from non-economic damages.
The average person is likely familiar with the term “pain and suffering” as it pertains to legal cases, but they may struggle to determine a suitable amount of financial compensation that reflects the extent and severity of a life-changing injury. Under North Carolina law, there is no limit on pain and suffering compensation in most personal injury claims. This means that an injured plaintiff has the right to seek as much pain and suffering compensation as they believe to be appropriate to reflect the harm the defendant caused.
When a defendant has inflicted life-changing injuries on a plaintiff, it can be difficult to imagine an appropriate dollar amount to reflect this. However, most attorneys use two different methods for calculating pain and suffering for their clients. The first is the per diem method, but this is generally reserved for plaintiffs expected to make full recoveries from their injuries. This method focuses on the time it takes a plaintiff to reach maximum medical improvement from their injuries.
The more appropriate method for catastrophic injury claims is the multiplier method. This involves adding up the total of the plaintiff’s economic damages and then multiplying this amount by a factor that reflects the severity of their condition. This factor is usually one to five, so it’s possible for a plaintiff to recover several times the total of their claimed economic losses in pain and suffering compensation.
Most victims of catastrophic injuries experience a host of physical and psychological effects, some of which may be permanent. For example, a traumatic brain injury can have lasting effects that evolve over time, sometimes with symptoms remaining dormant for months or even years after the date the injury occurred. An injury to the spinal cord could leave the victim permanently disabled. This is not only physically challenging for the victim but is also likely to cause a substantial level of psychological distress.
Non-economic damages are meant to account for physical pain, emotional trauma, psychological suffering, and diminished quality of life. When another party is responsible for inflicting life-changing harm on you or a loved one, you need a Charlotte catastrophic injury attorney capable of helping you maximize your recovery to the fullest possible extent under state law. When you choose the Law Offices of Wade E. Byrd P.A. to represent your case, you will have a dedicated legal advocate readily available to help maximize your final case award as much as state law allows.
Most of the personal injury cases filed each year do not go to trial. When a defendant is clearly responsible for harming a plaintiff, it behooves them to seek a swift settlement. The private settlement negotiation process can allow the parties involved in a civil suit to reach a mutually acceptable conclusion to the case in a fraction of the time that litigation would require, and the defendant can save a substantial amount of money on attorneys’ fees.
However, litigation is sometimes necessary for resolving a catastrophic injury claim. For example, the defendant could dispute the range of damages sought by the plaintiff or they may simply refuse to accept liability. If litigation is necessary, the judge will have the final say on the outcome of the case after reviewing the evidence and testimony presented by both parties. If you choose the Law Offices of Wade E. Byrd P.A. to represent you, our goal will be to guide you to a positive outcome as swiftly as possible, but if settlement is not an option, you can rely on our team to represent you confidently in the courtroom.
A: The term “catastrophic injury” broadly applies to any personal injury that results in permanent harm to the victim. A few of the most common examples of catastrophic injuries reported include spinal cord damage, traumatic brain injuries, and injuries involving permanent damage to the internal organs. The process of recovering compensation for a catastrophic injury may be similar to any other personal injury, but the victim is likely to be eligible to claim substantially more compensation than the average personal injury plaintiff.
A: It is technically possible for you to file your personal injury claim on your own, but having a Charlotte catastrophic injury attorney represent you will significantly increase your chances of success with your claim. You will not only be more likely to win a personal injury case with an attorney’s assistance, but also more likely to maximize your total recovery. The average person is likely to struggle when it comes to assessing the full extent of long-term losses they can claim from a defendant or determining appropriate pain and suffering compensation to include with their claim. A seasoned attorney can uncover every avenue of recovery available in your case.
A: It is natural for any personal injury plaintiff to wonder how much compensation they could potentially win from the defendant who caused their injury. Under the state’s personal injury statutes, the plaintiff has the right to seek full compensation for all economic losses they suffered because of the defendant’s actions; they may also claim pain and suffering compensation that reflects the severity of their experience. When they factor in punitive damages or restitution, this can also improve their total recovery. Your Charlotte catastrophic injury attorney can help assess the total potential value of your claim.
A: Most of the personal injury cases filed end in private settlement negotiations. This process enables both the plaintiff and the defendant to avoid the time commitment, extra expense, and stress that litigation typically involves. As long as the defendant’s liability is clear and they agree to negotiate, it is possible to resolve a catastrophic injury case privately in a fraction of the time that litigation usually requires. If you must take your case to court, this may take several months to complete.
A: If you are struggling with the economic aftermath of a serious personal injury in Charlotte, it’s only natural to wonder how much it might cost for you to hire an attorney to help you recover. Many people in this situation mistakenly believe legal representation to be prohibitively expensive, but the right attorney is more accessible than you may think if you choose the Law Offices of Wade E. Byrd P.A. to represent you. We take personal injury cases on a contingency basis, so our client only pays a percentage of their final case award as our fee, and they only pay if we win their case.
The Law Offices of Wade E. Byrd P.A. can provide compassionate legal representation to the victim of a catastrophic personal injury. With more than 40 years of professional experience representing clients throughout the Charlotte area, Attorney Byrd is ready to provide the detail-oriented legal counsel you need to approach your catastrophic injury claim with confidence. Contact us today to make an appointment for a free consultation with a Charlotte catastrophic injury attorney who can guide you through your recovery process.