Bakersfield Catastrophic
Injury Lawyer

The main criteria that an injury needs to meet catastrophic status are that it substantially impairs the sufferer’s ability to earn an income and/or self-care. Another frequently considered factor in evaluating a catastrophic injury is whether it impairs the sufferer’s ability to complete daily living tasks independently.

The value of a catastrophic injury claim is determined based on:

The average income the sufferer was earning before the onset of the injury, which we will use to calculate lost earning capacity.
The medical expenses already incurred for injury treatment and those the individual will likely incur.
The psychological impacts that you incurred or will likely experience due to a drastically altered life.
Psychological impacts of an injury are often referred to as non-economic damages, or—more informally—as pain and suffering damages. In the legal arena, the word “damage” refers to compensation received for harm.

Economic damages are compensation for the expenses of the injury. You can prove them by producing receipts, bills, and employment documentation.

You can prove non-economic damages by relying on testimony by medical experts who work with individuals dealing with injuries such as yours, as well as testimony from family, friends, or others in your care.

Generally, the individual or entity whose careless, reckless, or even intentional actions led to your injury will be liable. However, there can be more than one source of liability in some types of accidents.

Our Bakersfield catastrophic injury lawyer can determine all sources of liability and insurance resources you can access for compensation.

Here are some possible sources of liability:

Motor vehicle accidents: A driver who fails to operate their motor vehicle safely and legally to protect the health and safety of others, the employer of a driver who causes an accident during the normal scope of their employment, other drivers who were not necessarily involved in the accident but whose actions factored into the accident occurring, a business establishment or social host who furnishes alcohol to a visibly intoxicated person or a minor who then caused an accident due to alcohol impairment, or the manufacturer of defective vehicles or vehicle parts.
Premises liability accidents: The owner or possessor of private, commercial, or public property who failed to regularly inspect their property for hazards that could cause injuries to guests and promptly mitigate them.

As with all types of personal injury claims, Bakersfield catastrophic injury claimants can seek compensation for both the expenses and the impacts of the injury.

Some of the expenses and impacts commonly included in catastrophic injury claims are:

Medical expenses, such as the cost of ambulance or medical aircraft transport; emergency treatment; the services of the physician or surgical team; diagnostic or laboratory testing; hospitalization; prescription medication; long-term care, the provision of assistive devices such as a wheelchair or prosthetic limb, physical therapy, and rehabilitation.
The cost of household services that you must pay someone else to perform.
Loss of future earning capacity as the permanent disabilities you acquired from the injury affect your ability to earn an income.
The repair or replacement of property that was damaged at the same time your injury occurred, such as damage to your vehicle in a motor vehicle accident.
Physical pain and suffering relating to the injury itself, the procedures used to treat it, or from the cascade of complications that often accompany catastrophic injuries.
Emotional distress resulting from the permanence of the injury, its complications, and the impacts it has on your life.
Loss of consortium, which is a damage obtained on behalf of the injured person’s spouse or domestic partner for the loss of physical intimacy and companionship that is often experienced after a catastrophic injury.
Loss of the enjoyment of life, which is compensation provided for the loss of the ability to participate in activities and events you previously enjoyed.

The damages received for the expenses and impacts of your injury are compensatory. However, another type of compensation is sometimes provided in catastrophic injury cases—punitive damages.

Punitive damages are not related to the injury itself. Courts award them to financially punish the defendant for:

Malice, which refers to behavior that intentionally disregards the safety and property of others. This behavior is commonly found in intentional acts such as assault or child abuse, or where an individual injures someone during the commission of a felony.
Oppression, which refers to behavior that subjected the claimant to cruel and unjust treatment in conscious disregard of their rights. This also often involves intentional acts, such as domestic violence.
Fraud, which involves injuries that resulted from intentional deception or concealment of material facts. A common example of a catastrophic injury occurring as a result of the concealment of material facts would be a medical malpractice claim in which an individual incurred a catastrophic injury in a medical procedure with an unreasonable risk of the injury occurring, but the doctor did not disclose that known risk to the patient before obtaining the patient’s consent.

In California, family members including the spouse or domestic partner, parents, children, grandchildren, or others who were financially dependent on the deceased can seek compensation through a wrongful death claim.

Plaintiffs must file wrongful death claims within two years of the death.

Wrongful death claims can provide compensation for:

The loss of financial support contributed to family members.
The cost of household services that were performed by the deceased that someone else must now perform.
Funeral and burial expenses.
The cost of medical treatment of the deceased’s final injuries.
Loss of love, comfort, companionship, care, and consortium provided by the deceased to their loved ones.

No. Currently, no cures exist for the permanent damage caused by traumatic brain injuries or spinal cord injuries, though research may find them. The value of your claim develops under the assumption that your injuries are permanent.

Settlement agreements are final, meaning that once everyone signs the agreement and the judge approves it, neither side can go back and ask for anything additional. Either side can appeal an award within a limited time. The discovery of a cure for a previously permanent condition would likely not serve as the basis of an appeal unless it came simultaneously or in proximity to the decision.

According to the Internal Revenue Service (IRS), compensatory damages—those you receive for the impacts and expenses of your injury—are not income and not taxed. However, if you obtain punitive damages, those are income and taxed.

Many claimants deduct medical expenses from their overall tax burden. If you later receive a compensatory award that includes medical expenses, you must repay the deduction.

The Bakersfield legal team at The May Firm understands that worry over the cost of an attorney prevents many personal injury claimants from seeking legal assistance that will enable them to obtain the maximum compensation available to them.

Personal injury claims are complex, particularly those involving catastrophic injuries because they require an additional layer of proof that the injury is, in fact, permanent, and will prevent the sufferer from being gainfully employed.

By choosing not to hire an attorney, you must gather evidence to prove liability, expenses, and impacts; adhere to all court expectations and formalities; engage with very experienced legal counsel for insurance companies who will undoubtedly notice and use your lack of legal experience to their advantage; and understand the value of your claim and what constitutes a fair settlement offer.

Because having an experienced attorney by your side is so critical to the success of your Bakersfield catastrophic injury claim, The May Firm offers to anyone who needs our assistance has access to it, regardless of ability to pay:

A free case evaluation, also commonly referred to as a free consultation. This is time you can have with our attorneys to learn more about the process, talk about your case, and obtain information about the process of obtaining compensation for a catastrophic injury.
A contingent-fee billing method. You will not need to pay for the services of our legal team unless we obtain a positive outcome in your claim.
With a free case evaluation and a contingent-fee billing method, you risk nothing by seeking guidance and assistance with your claim.

A catastrophic injury can change the entire course of your life and your family’s life. It is not unusual for individuals suffering from these injuries to feel they are fighting a battle alone.

Let the compassionate and experienced attorneys at The May Firm fight alongside you for the compensation you deserve. For your free case evaluation, contact The May Firm online by calling (661) 244-9712.