Settling vs. Litigation a Catastrophic Injury Lawsuit
Suffering an injury due to someone else's negligence can be challenging enough. Experiencing a catastrophic injury, however, can result in permanent disability, chronic pain, and a lifetime of medical needs. Following the accident, you will be faced with making a critical decision: should you settle your personal injury claim out of court, or should you take your case to trial?
At the Law Offices of Steven Zwick, based in Orange County, California, we are experienced in handling catastrophic injury cases, and we recognize the stress that accompanies these injuries. Both settling and litigating have distinct advantages and disadvantages, and the best option will depend on the unique circumstances of your case.
Our personal injury attorneys can help you understand what constitutes a catastrophic injury and determine whether a settlement or trial would be the best option for your case. Contact us today to schedule a free consultation.
What Is a Catastrophic Injury?
A catastrophic injury refers to a serious injury that leaves you with permanent, life-altering consequences. Unlike a broken arm that heals or a cut that stitches up, a catastrophic injury fundamentally changes your ability to live their life as they did before the accident.
Some common examples of catastrophic injuries that our attorneys handle include:
Traumatic brain injuries (TBIs): These can range from severe concussions to penetrating head wounds, causing cognitive deficits, memory loss, personality changes, and loss of motor function.
Spinal cord injuries: Damage to the spinal cord can result in paralysis, such as paraplegia or quadriplegia, leading to a loss of mobility and sensation.
Severe burns: Third or fourth-degree burns can cause disfigurement, chronic pain, nerve damage, and a risk of infection.
Amputations: Loss of a limb is a permanent disability that requires extensive rehabilitation, prosthetics, and significant lifestyle adjustments.
Organ damage: Severe trauma can damage internal organs, potentially requiring transplants or lifelong medical treatment.
Loss of vision or hearing: Permanent blindness or deafness significantly impacts a person's ability to interact with the world and maintain their independence.
Catastrophic injuries are characterized by permanent injuries or disability. These injuries will typically require hospitalization, surgeries, ongoing rehabilitation, in-home care, assistive devices, home modifications, and specialized therapies for the rest of your life. Therefore, it's essential to work with an attorney to file a catastrophic injury claim to seek compensation.
When Settling May Be the Better Option
Most personal injury cases, including catastrophic injury claims, are resolved through a settlement. A settlement is a formal agreement between the injured party (the plaintiff) and the at-fault party's (the defendant) insurance company.
In a settlement, the defendant agrees to pay a specified amount of money, and in return, the plaintiff agrees to release them from all future liability related to the injury. There are several compelling reasons why settling might be a strategic choice:
Certainty and speed: A settlement provides a guaranteed sum of money much more quickly than a trial verdict would. This faster access to funds can be crucial for covering immediate medical expenses and easing the financial strain on your family.
Eliminate the risks of a trial: No matter how strong your case appears to be, there is never a guarantee of success in a courtroom. A settlement removes this risk. While the settlement amount may be less than the best-case scenario at trial, it is a guaranteed outcome that you and your attorney have control over.
Increased privacy and decreased emotional toll: For many catastrophic injury victims and their families, avoiding the public and often painful ordeal of recounting the traumatic details of the accident in court is a significant benefit. A private settlement negotiation allows you to resolve the matter with greater privacy.
When You Should Pursue Litigation
While reaching a settlement is often preferred, there are situations where taking your case to trial may be the only option. The primary reason to pursue litigation is when the insurance company's settlement offer is grossly inadequate and fails to reflect the actual cost of your injuries.
The common reasons to pursue litigation over a settlement include:
Low-ball offers: Insurance companies are for-profit businesses. Their goal is to pay out as little as possible on claims. In catastrophic injury cases, compensation amounts are typically much higher. Insurers will often make lowball offers, hoping your financial desperation will force you to accept an unfair amount.
Forcing the insurance company to take the claim seriously: If negotiations stall and the insurance company refuses to offer a fair settlement that will cover your lifetime needs, the threat of a large jury verdict can often force them to take the claim more seriously and bring them back to the table with a more reasonable offer.
To hold the at-fault party fully accountable: In some cases, especially those involving egregious negligence, a public trial can be a powerful tool for exposing wrongdoing and advocating for systemic change. While a settlement is confidential, a jury verdict sends a clear public message that the defendant's behavior was unacceptable.
Ultimately, the decision to accept a settlement or proceed to trial will depend on the circumstances of the accident and the severity of your injuries. Choosing to litigate an injury claim should only be made when you and your attorney believe that the potential reward from a jury verdict outweighs the inherent risks and costs of litigation.
Contact Our Experienced Personal Injury Attorneys in Orange County, California, Today
Deciding whether to settle or litigate a catastrophic injury lawsuit is a complicated and personal decision. The right choice will depend on the strength of your evidence, the severity of your injuries, the defendant's insurance policy limits, and the insurance company's willingness to negotiate in good faith.
At the Law Offices of Steven Zwick, we are experienced in accurately calculating the full lifetime cost of a catastrophic injury. Our attorneys are skilled negotiators who will fight tirelessly to pursue a comprehensive settlement that covers your needs.
However, we are also seasoned trial attorneys who will take your case to court when an insurance company refuses to be fair. If you or a loved one has suffered a catastrophic injury, contact us today to schedule a free, no-obligation consultation.
We proudly represent clients across Orange County, California, including but not limited to Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, La Habra, La Palma, Laguna Beach, Laguna Hills, Laguna Woods, Lake Forest, Los Alamitos, Newport Beach, Orange, Placentia, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda.