In Lexington Kentucky
If you or a loved one suffered a catastrophic injury because of someone else's negligence, Peterson Law Office is here to help. We fight for the compensation needed to cover long-term care, lost income, and future expenses. Free consultations and no fee unless we win.
Liability, Damages, and Next Steps
If you waited to leave your house by a few minutes, you might not have gotten into that accident out on the Old Frankfort Pike, Grimes Mill Road, Richmond Road, or any of the other roads going through Lexington. Maybe if you had waited another day to make that trip to the store, you could have avoided slipping on the spill in one of the aisles.
That frustration of knowing you could have avoided an accident that caused a catastrophic injury by just minutes will haunt you. It will be equally frustrating to replay that accident knowing that someone else’s negligence caused it.
Yes, if you caused the accident that led to a serious injury, you can take the blame, but that shouldn’t be the case when the fault really lies with another driver or property owner. In that scenario, you should not have your life savings wiped out to pay medical bills or to make up for lost wages. That should be paid by the person who caused the accident.
Will that at-fault person accept responsibility? They might not have to, but if their insurance recognizes who is at fault, they will have no choice but to pay fair compensation.
Getting to that settlement agreement requires strong evidence and the guidance of a skilled Lexington catastrophic injury lawyer. When so much is at stake, you don’t want to take a risk and let the compensation you’re due slip away.
It can be extremely intimidating to speak with an attorney when so much is on the line.
If you’re dealing with a catastrophic injury, that is where your focus should be. We provide a safe space to share what happened and how the accident has impacted your life.
We also pride ourselves on providing our clients with clarity. Proving who is at fault in an accident requires gathering strong evidence. It might also rely on experts to provide critical analysis of that evidence. That is especially true in a medical malpractice claim where you need to generate a Certificate of Merit from an independent medical practitioner before you can file your claim.
It is important to our firm that every client fully understands the challenges and potential outcomes for their case. We want them to make an informed decision. We’re also proud of our growing list of successes that are proof of our negotiating and litigating skills.
You shouldn’t feel intimidated about getting the answers you deserve to make your claim.
There is no specific Kentucky law that defines a catastrophic injury. However, it is broadly accepted that a catastrophic injury describes a life-altering impairment that manifests in a permanent disability that prevents the person from gainful employment and requires a lifelong need for medical care.
These are the common types of catastrophic injuries:
The spinal cord is a bundle of nerves and nerve fibers that act as a kind of superhighway for the brain. That network sends signals to react to pain and designate movement. When an injury disrupts that network, it can lead to devastating consequences.
Spinal cord injuries are classified in the following way:
When paralysis occurs, it can also lead to secondary health issues, such as respiratory complications due to diaphragm paralysis. In that situation, the person requires breathing assistance. Pneumonia remains a leading risk to people who suffer paralysis.
It is also very common that a person who is paralyzed can suffer from autonomic dysreflexia, which is a dangerous, sudden spike in blood pressure triggered by internal reflexes. They can also be challenged with circulatory issues such as blood clots and low blood pressure.
According to the Christopher and Dana Reeve Foundation, there are an estimated 255,000 to 383,000 people living with a spinal cord injury, with 18,000 new cases each year. The person who has suffered this type of injury will require lifelong care. It will often mean making modifications to the home or being transitioned to a long-term care facility.
Much like a spinal cord injury, a traumatic brain injury (TBI) is a disruption of your brain’s normal function that is caused by an external force. That external force can be anything from a minor bump or blow to a severe jolt that literally shakes the brain back and forth.
Data collected by the Centers for Disease Control and Prevention (CDC) finds that there were over 69,000 TBI-related deaths in the US in a single year.
A catastrophic brain injury can result in the following ways:
Cognitive: The victim of a catastrophic brain injury can suffer from severe memory loss, impaired judgment, inability to process information, and a loss of fundamental communication skills. That will seriously impede their ability to work and require around-the-clock care.
Physical: A TBI can also result in partial or complete paralysis, loss of coordination, severe seizures, and chronic pain.
Emotional/Behavioral: You can also experience drastic personality shifts, chronic depression, extreme aggression, and a reduced ability to interact socially. That directly impacts your quality of life and can create challenges to maintain healthy relationships.
Despite the protection from a seat belt and durable steel frame, the impact from a car crash can result in catastrophic crushing injuries. That is especially true with the full force of a collision with a truck weighing over 20 tons. In those types of crushing accidents, the victim might require a medical amputation of a limb.
John Hopkins Medicine finds that 45% of amputations come from motor vehicle crashes.
An amputation can require ongoing physical and occupational therapies. It can also have an adverse impact on the person’s life, as they will have to make adjustments to every aspect of their daily routine.
Burns that are the result of a serious accident can be extremely painful and require months of surgeries and recovery.
They can result in scars and disfigurements that will never go away. These types of catastrophic injuries can be the result of a car crash. They can also occur from defective products. Recently, over 550,000 Kobalt yard tools were recalled due to a battery fire hazard. Lithium batteries have also posed a serious risk of starting fires.
These are the types of injuries that would fall under a product liability claim involving the manufacturer or distributor of the product.
Speaking with the attorneys at the Peterson Law Office can provide you with the guidance you need to understand all your options for pursuing a claim against the at-fault parties.
One of the many benefits of working with the Peterson Law Office is our years of experience helping clients dealing with catastrophic injuries calculate the full scope of lifetime expenses. We understand that every situation is unique, but there are many fixed costs.
We rely not only on a client’s current bills but also on experts who can testify to the costs of long-term care and the impact of lifetime missed wages.
When you accept a settlement for a catastrophic injury, you’ll be required to sign a waiver that prevents you from coming back months or years later for more funds. That is why you’ve got to get the number right. You’ll only have one chance at accepting a fair settlement.
If we agree to work together on your claim, we’ll work closely with you and our experts to come up with the numbers for the following expenses:
In addition to the medical expenses, you also have to factor in the lost wages and diminished earning capacity. This means paying for the immediate loss while your injury recovery keeps you off the job. If it’s established that your injury means you’ll never be able to return to work, you are entitled to seek compensation based on what you could have made over the course of your potential work life.
There will also be non-economic damages to consider. These are the losses that can’t be backed up by a receipt or pay stub but are every bit as important. They speak to the amount of pain and suffering you have and will endure because of this injury. It’s also about addressing your loss of enjoyment of life and all the emotional distress that is a direct result of the accident.
In order to calculate these current and future needs, you have to consider the expected longevity of the injury and the boundaries of an insurance policy. You also have to factor in inflation and the cost of living. All of your medical expenses won’t stay the same price.
Catastrophic injuries often require lifelong medical care, rehabilitation, and financial support. Peterson Law Office fights for injured Kentuckians and their families, helping them pursue the full compensation they need for the road ahead.
A catastrophic injury is different from most personal injury claims because the consequences can last for the rest of your life. The settlement you accept today may need to pay for decades of medical treatment, and income you may never be able to earn again.
If those future losses are underestimated, you could be left paying significant expenses out of your own pocket long after your case is over. That is why working with an experienced lawyer who understands the long-term financial impact of catastrophic injuries is so important.
At Peterson Law Office, we recognize that these cases require more than simply proving another party was negligent.
We work to build a claim that reflects the full scope of your losses by consulting medical specialists, vocational experts, economists, and life-care planners when necessary. Their insight helps establish the true cost of your injuries. Our goal is to pursue compensation that supports your future and not just your immediate recovery.
Time is also a critical factor. Unlike most other states where the statute of limitations is two or three years to file a claim, in Kentucky, you only have one year to file a personal injury lawsuit. That can only happen after you’ve gone through the entire process of filing an insurance claim.
That initial claim process can last several months, which means your year is halfway gone.
Waiting too long can make it more difficult to preserve evidence, locate witnesses, and protect your right to seek compensation. Taking prompt legal action gives your attorney the best opportunity to investigate the accident thoroughly and build the strongest case possible.
If you or someone you love has suffered a catastrophic injury because of another person’s negligence, you need to understand all your options for seeking compensation.
That can begin with a free consultation with Peterson Law Office.
We understand deeply the life-changing challenges these injuries create. We’re committed to fighting for the compensation our clients deserve. Reach out to our firm today.
You’ll feel better when you understand what should happen next.
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If you have any questions about a potential personal injury claim, call us or fill out the form below to schedule a free, confidential case consultation.
(859) 469-6390