What Evidence is Crucial for Winning a Catastrophic Injury Case?

What is Considered a Serious or Catastrophic Injury in Iowa?

While every personal injury case deserves professional medical attention and potential financial compensation if it can be proven that another party’s negligence was the cause of the accident, catastrophic injury cases especially deserve legal representation and a careful examination of the evidence. Not every state has a legal definition for catastrophic injuries. In Iowa, a catastrophic injury is also referred to as a serious injury. It is defined as any injury that results in either disabling mental illness or a bodily injury that creates a substantial risk of death, comes with severe permanent disfigurement, or causes the protracted loss or impairment of the function of any bodily member or any internal organ. Additionally, a serious injury, according to Iowa law, may relate to any injury that a child suffers that may require surgical repairs or necessitate the administration of general anesthesia. Serious injuries can also include skull fractures and other severely broken bones for children under the age of four.

Catastrophic injuries can include the following:

• Broken bones, particularly multiple fractures, like broken pelvises, femurs, and other injuries, can cause long-term disability or chronic pain
• Forced amputations or loss of limbs can require life-altering modifications to a home environment for rehabilitation
• Internal bleeding and organ damage, such as injuries to vital organs like the lungs, liver, heart, or kidneys
• Loss of vision or hearing, which can dramatically alter a person’s life and their ability to work or enjoy daily activities
• Severe burns, which can result in extensive scarring, functional impairment, and disfigurement
• Spinal cord injuries, which sometimes result in paralysis or loss of function below the site of the injury
• Traumatic brain injuries can sometimes cause long-term effects on emotional capacity, cognitive functions, and physical abilities

Catastrophic injuries often result in long-term or even lifelong physical or mental impairment. They can affect a survivor’s ability to return to work, enjoy daily activities, socialize, or do other everyday tasks they could have previously taken for granted. If you or a loved one have suffered a catastrophic injury due to another party’s negligence or harmful actions, contact our Iowa law firm to discuss your case in a free consultation today.

What Are Common Causes of Catastrophic Injuries?

Although catastrophic injuries and other severe injuries can happen in virtually any scenario, there are a few common causes that personal injury lawyers routinely see.

Common causes of severe, catastrophic injuries include the following:

• Defective products and product liability claims, which can result in consumer products injuring the consumers, sometimes catastrophically
• Medical malpractice, or medical negligence, occurs when medical procedures, prescription medications, or surgeries are conducted in a manner that fails to reach a reasonable duty of care
• Motor vehicle accidents, including collisions involving cars, commercial trucks, motorcycles, and pedestrians
• Sports injuries, where recreational activities result in life-altering consequences
• Trip or slip-and-fall accidents often result in catastrophic injuries, and these are frequently caused by unsafe conditions such as poorly maintained parking lots, wet floors, and uneven surfaces
• Violent crimes, such as assaults, rapes, and more
• Workplace accidents, particularly for professions that involve heavy machinery, construction sites, or exposure to hazardous chemicals

Common symptoms and consequences of traumatic injuries include extreme pain, difficulty with balance or walking, changes in sexual function, exaggerated reflexes or spasms, loss of bowel control, loss of sensation, difficulty breathing, and the inability to return to work.

How to Prove Fault and Liability in Catastrophic Injury Cases?

Most catastrophic injury claims rely upon proving negligence. To establish negligence in your personal injury case, you must demonstrate the following elements: the defendant owed a duty of care to prevent harm and act reasonably. The defendant failed in this obligation and breached their duty of care. As a result of the breach of duty of care, you suffered injuries. Then, you must show you suffered real damages because of your injuries, such as medical bills, lost wages, or pain and suffering.

Fault is determining who was responsible for the accident or its associated injuries. Liability establishes the legal accountability of the at-fault party to compensate the injured plaintiff for damages.

For legal assistance proving negligence in a court of law, it is highly recommended that you seek the professional legal representation of experienced personal injury attorneys. The burden of proof rests on the plaintiff, and you will need legal guidance to prove your case and win the settlement you deserve.

What Evidence May Prove Useful for Your Personal Injury Lawyers?

Evidence is essential to proving a catastrophic injury lawsuit and winning the fair settlement you require and rightfully deserve. After an accident that results in serious injuries, you must attempt to preserve any evidence that could be useful to your attorneys when you later file a suit against the at-fault parties.

Evidence that may be crucial to your case may include the following:

• Collect all medical expenses and hospital bills associated with the survival of your injuries and any rehabilitation expenses
• Document wage loss from the time that you are forced to miss work due to your injuries
• Eyewitness accounts of the accident can provide a unique perspective of how the accident occurred and who could be considered at fault. You should seek statements from witnesses, as well as their contact information, directly following the accident
• If you are forced to seek mental health therapy, be sure to keep all receipts related to your mental health care
• In some cases, your lawyers may seek expert testimony, such as accident reconstructionist or medical professional testimony, to help establish the full extent of your injuries and who could be held liable
• Photos and videos from the accident scene, including photographic evidence of your injuries, property damage, hazardous conditions that could have caused the accident, weather conditions, and time of day
• Police reports, which can contain critical details about the accident and who the police believed to be at fault
• While you should be careful discussing the accident with the other party involved if they are willing to provide a statement about what transpired, anything they say could be used in your case. Be careful not to go so far as to diminish the severity of your injuries or admit fault, as anything you say could also be used against your case

Speak to an attorney immediately following your accident to understand better what evidence may prove helpful to your case. Please contact our Iowa law firm to schedule your free case review.

Schedule a Free Consultation with an Experienced Catastrophic Injury Attorney Today

Catastrophic injuries can cause long-lasting, sometimes life-altering effects to accident victims, and those victims deserve the right to seek justice and recover compensation. A successful personal injury lawsuit can recover economic and non-economic damages for lost income, property damage, medical bills, pain and suffering, emotional distress, and more. Those seeking to file a personal injury claim for catastrophic injuries are encouraged to retain professional legal representation for a better chance of recovering a fair settlement.

Our law office has extensive experience representing clients and personal injury legal matters. To learn more about the value of retaining our legal services, please contact our law office to schedule your free initial consultation with the attorney and our legal staff.

Call us today at 319-946-4019.