A severe trauma to the brain, spinal cord, or other body part that results in a permanent disability is a catastrophic injury. Such an injury may allow you to pursue financial compensation, but Washington D.C.’s injury laws make it particularly difficult.
An expert personal injury attorney who has successfully litigated similar claims in the District is key to mounting the best possible case. Knowledge of the claim category, the court system, and the most effective types of evidence are essential ingredients of a persuasive case.
What is a Catastrophic Injury and How Do Civil Damages Apply?
Catastrophic injury cases are exceptionally difficult to prove in the District. The Doctrine of Pure Contributory Negligence, applied to D.C. cases, says if the claimant is found to be one percent at fault for their own injury, a jury cannot award any compensation. Vulnerable users, such as cyclists and pedestrians involved in traffic accidents, are allowed a 50 percent threshold for fault. The Last Clear Chance Doctrine allows full recovery of damages if the defendant did not act on a clear opportunity to avoid causing the injury.
Take Action by Building a Case for Fair Compensation
Catastrophic injuries take an immense toll through medical bills, need for follow-up surgeries, and lost income. The goal of hiring an attorney is to recover damages for medical expenses, lost wages, and future care costs as well as intangible damages like pain, suffering, and emotional distress. If the court finds clear and convincing evidence of malice or wanton disregard for safety, punitive damages may be appropriate.
Steps to take if you or a loved one has suffered catastrophic injury:
- Get medical attention and document everything. Records of ongoing medical care links an injury to its cause. Document the accident scene with photos and witness statements. Keep records of all medical visits and expenses.
- Understand that insurance companies will try to assign blame that prevents the injured party from recovering any damages. Avoid providing a statement to any insurance company before consulting a personal injury attorney, who is likely to take the case on a contingency basis.
- Know the deadlines and other requirements for filing suit: Claims against the District government must be made in writing (in a notice to the mayor) within six months of the incident. Claims of wrongful death must be made within two years, and medical malpractice claims have a strict 90-day period for notice to the defendant before filing suit. In general, Washington, D.C. imposes a three-year statute of limitations on filing in addition to other deadlines.
- Collect evidence to establish that the defendant owed a duty of care, the duty of care was breached, the breach caused significant injuries, and actual damages resulted. Evidence that supports such a case includes:
a. medical records documenting the injury and its severity
b. expert testimony from physicians, neurologists, and rehab specialists
c. police reports, surveillance footage, and witness statements
d. analyses of financial damages such as lost wages and future earnings
e. life-care planning reports that project future medical costs - After assembling evidence and calculating damages, your attorney will:
a. send a demand letter to the defendant or their insurer. If they accept liability, a settlement can be negotiated without a trial.
b. file a complaint (lawsuit) in the appropriate court, laying out the facts of the case that would prompt a jury to find in your favor - The discovery phase of a trial requires both sides to exchange evidence, take depositions, and consult experts. A case can be settled by mutual agreement at any point.
Finding a Personal Injury Law Attorney is Critical
An expert personal injury attorney, Samuel Martin, can explain the legal requirements and determine the strength of your case. Acting quickly helps to preserve evidence and meet D.C.’s stringent filing deadlines. Call for a consultation today.