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Why Catastrophic Injury Cases Are Hard


At Ball, Kirk & Holm, P.C., we meet with many clients who have suffered catastrophic injuries. Their prognosis is often negative. Indeed, they are expected to have long-lasting disabilities which can completely upend their normal lives. It is a bitter pill for accident victims and their families to swallow.

If you are struggling with a catastrophic injury, you should call our law firm. We are available 24/7 for our clients and can discuss why personal injury cases for catastrophic injuries are so complicated. A consultation with a Des Moines personal injury lawyer is free.

What Are Common Catastrophic Injuries?

Some injuries will fully heal given enough time. You might have some lingering pain, but you can typically return to your normal life.

That’s not true when the injuries are catastrophic. These injuries tend to result in permanent impairment:

  • Traumatic brain injuries (TBIs). Moderate and severe TBIs can leave victims with lifelong disabilities. Someone who suffers even a moderate TBI could need at home assistance to help with daily activities and might not work again. A severe TBI can leave someone in a coma.
  • Severe burns. Burns which cover a large portion of the body are often fatal. Even survivors will struggle with reduced mobility and the emotional distress that attends permanent scarring and disfigurement.
  • Amputations and crush injuries. Victims who lose limbs in accidents often struggle to return to normal. They probably need a prosthetic or else are confined to a wheelchair. Crush injuries often require amputation as treatment to halt the progression of “crush syndrome,” which is fatal. Amputation also causes severe emotional anguish as people adjust to no longer have a limb.
  • Multiple fractures. A simple fracture can usually heal on its own in a few months. But very serious accidents often shatter bones into dozens of pieces. Many victims need pins, plates, or screws to keep the bone fragments together.
  • Blindness. Losing vision is a common result of a facial injury. When a person is blind, they probably cannot return to their old job, and they might have to leave their homes.
  • Spinal column injuries. The spinal column provides protection to the spinal cord. However, serious injuries can lead to many problems, including a narrowing of the spinal channel, which can put constant pressure on the cord. Vertebral fractures can result in pinched nerve roots, and any damage to the cord itself can leave the victim paralyzed.

Can You Fully Recover?

Full recovery is difficult, which is one reason these injuries are catastrophic. You will notice a dramatic change in your life. Some people will need to remodel their homes so they can live there in a wheelchair, while others might need to learn new ways of getting dressed or doing chores.

These injuries are emotionally traumatic. Many people slip into a depression or worse when their bodies are so injured. You can’t neglect the emotional side of recovery. Our clients often need counseling to help them manage the pain.

Catastrophic injuries also affect close family members. An uninjured spouse could feel almost widowed when her husband is paralyzed from the neck down or moved into a nursing home. You should ask your medical provider about whether support groups are available.

Catastrophic Injuries Are Expensive

We can’t forget how expensive these injuries can be. For example, someone with a moderate TBI could lose their balance, ability to talk, and struggle with behavioral issues. They might need physical, speech, occupation, and behavioral therapy. This care is expensive.

Catastrophic injuries also have ongoing or future medical expenses. A spinal cord injury could cost someone millions of dollars in present and future medical care. This is one reason catastrophic injuries are so complex. You can request future damages, such as the cost of:

  • Future surgeries
  • Ongoing rehabilitation
  • Continuing pain management
  • Future physical, behavioral, and occupational therapy
  • Continued medication and prescription drugs

An experienced Des Moines personal injury lawyer should know how to calculate these future medical expenses. We can meet with your medical team and pepper them with questions about your prognosis.

Lost Income & Catastrophic Injuries

Serious injuries often force people to miss work. But some people cannot return to work at all after a permanent injury. Others will need to find alternative employment which could pay a lot less than what they used to earn.

Our lawyers will request future lost earnings, called “loss of earning capacity.” Our legal team will work with experts to reasonably calculate how much you might lose over the course of your working life. We will then ask the defendant to compensate you for the loss of future income.

Do Not Settle for Too Little

The best reason to hire a lawyer is so you won’t agree to a small settlement. Few people really know how much to request if they are blinded in a car accident or severely burned by an exploding battery. We will fight to get you a realistic settlement for your injuries. Call our firm as soon as possible. No one should accept a proposed settlement without a lawyer’s help.

Ball, Kirk & Holm, P.C., wants to hear how your accident has changed your life. In addition to demanding compensation for economic damages, we also fight for fair compensation to cover bodily pain, distress, mental anguish, anxiety, and other hard-to-define injuries. These non-economic losses are often enormous.

Contact a Des Moines Personal Injury Attorney

Were you or a loved one diagnosed with a catastrophic injury? Call our firm to schedule a free consultation. Our legal team has helped people injured in all sorts of accidents, including car wrecks, pedestrian collisions, truck accidents, and premises liability accidents. There are very few cases someone at our firm has not handled personally. If hired, we can begin gathering medical bills and other evidence to calculate the value of your claim. Our team has negotiated with many of the largest insurance companies in Iowa. We know how to make a convincing argument that you deserve top compensation.

If you have questions, please contact us to schedule a free consultation. We have offices in Iowa City and Waterloo but can travel to meet when circumstances allow.