How Long Do You Have To File A Catastrophic Injury Claim?

Victims of catastrophic injuries in or around the Philadelphia area need to be aware that they have a limited amount of time to file a lawsuit. The Pennsylvania personal injury statute of limitations is two years from the date an injury occurs. If an injury victim fails to file a lawsuit against the alleged negligent party within this time frame, they will lose the ability to recover the compensation they are entitled to.

We do want to point out that this statute of limitations has nothing to do with any insurance carrier deadlines in place in these situations. For example, most auto insurance carriers require that injury claims be made within a very short amount of time after the crash occurs. Failing to do so will result in the insurance carrier putting up roadblocks towards receiving a settlement. It is crucial to work with a skilled catastrophic injury lawyer in Philadelphia who can conduct an initial evaluation of the case and help victims plan the best steps forward for their particular situation.

Getting You The Compensation You Deserve

The Weitz Firm, LLC, represents victims of catastrophic injury caused by the negligence of another individual or business. Attorney Eric H. Weitz battle-tested trial lawyers who will deliver you the best possible compensation to help you pay your medical bills, make up for your lost wages and other costs and attempt to prevent this from happening to others.

We represent people throughout Philadelphia, as well as Pennsylvania, New Jersey, and nationwide after they have suffered a wide range of catastrophic injuries in preventable incidents, including:

The human body is resilient, but it cannot always withstand the careless behavior of distracted physicians, profit-driven hospitals, reckless drivers, and other negligent individuals and businesses. Personal injury litigation can help you to afford the necessary surgical procedures, medical equipment, medication, and so forth. It also gives you the power to make sure those who hurt you will never do it again.

FAQs for Catastrophic Injury Attorneys Philadelphia

Catastrophic injuries are defined as “catastrophic” for a reason. An injury is classified as catastrophic when it permanently prevents a person from working and enjoying daily activities the way he or she used to before the traumatic event.

Catastrophic injuries, which often involve permanent disability or have long-term effects, include limb loss, severe burns, paralysis, amputations, brain injuries, and spinal cord injuries.

According to the Amputee Coalition, approximately 185,000 amputations occur in our country each year, while annual hospital costs associated with limb loss total more than $8.3 billion.

Fact: By 2050, an estimated 3.6 million Americans will be living without a limb.

The most common causes of disastrous injuries are medical malpractice, construction site accidents, acts of violence, and motor vehicle accidents. Get a free consultation from our Philadelphia catastrophic injury attorney at The Weitz Firm, LLC, but before you do, read on for answers to the most frequently asked questions (FAQ) about severe injuries.

What is Catastrophic Injury?

Under federal law (42 U.S.C. § 3796b), a catastrophic injury is defined as an injury the direct and indirect consequences of which “permanently prevent an individual from performing any gainful work.”

In other words, if the effects of an injury leave an individual with permanent or severe short-term or long-term damage and negatively affect his or her ability to earn a living, the injury can be classified as “catastrophic.”

If a person suffered an injury that caused him or her a deformity or negatively impacted the person’s functional abilities, the injury is catastrophic.

More often than not, having sustained a catastrophic injury means any of the following:

  • Losing a vital part of your body (i.e., the loss of a limb);
  • Losing the ability to walk;
  • Having impaired mobile or cognitive ability;
  • Losing the ability to enjoy a quality life; and
  • Disrupting communicative abilities.

Am I Entitled to Compensation for a Catastrophic Injury?

For any accident or incident that results in catastrophic injury, the injured party has a legal right to pursue a personal injury claim to obtain compensation. Typically, this requires the help of an attorney, especially if the catastrophic injury was the result of medical malpractice.

An injured individual is entitled to monetary compensation for a catastrophic injury for various reasons:

  • The more severe the injury, the larger the amount of compensation. Having a devastating injury typically requires undergoing expensive and painful surgeries, rehabilitation, and long-term or permanent use of medical devices, treatments, or medication;
  • If the catastrophic injury impacted your ability to work, you may be entitled to compensation for the lost wages, both past, and future; and
  • The amount of compensation can be multiplied because most catastrophic injuries are associated with emotional damage, mental anguish, distress, as well as pain and suffering.

What Are The Most Common Causes Of Catastrophic Injuries In Philadelphia?

Catastrophic injuries can occur in a variety of ways and in around the Philadelphia area. At the Weitz Firm, we have extensive experience helping clients who have been injured in a variety of ways, including the following:

  • Medical malpractice incidents
  • Surgical mistakes
  • Legal accidents
  • Commercial truck accidents
  • Pedestrian and bicycle accidents
  • Motorcycle accidents
  • Workplace accidents
  • Boating accidents
  • Product defect incidents
  • Premises liability cases

This is certainly not an all-inclusive list of the ways that people can sustain catastrophic injuries throughout the Philadelphia area. We recommend that you contact one of our attorneys so we can offer a free consultation of your particular situation and help determine the best steps moving forward.

What Are the Most Common Types of Catastrophic Injuries?

Typically, catastrophic injuries fall into three different categories:

  • Physical injuries;
  • Cognitive injuries; and
  • Spinal cord injuries, which exclusively affect the spinal cord and cause permanent mobility issues.

Physical injuries tend to be the most painful catastrophic injuries, while cognitive injuries tend to be the most emotionally- and financially crushing.

Regardless of its type, a catastrophic injury impacts the survivors and his or her entire family. Some people with crippling injuries require around-the-clock care, which means some family members have to quit their job unless they can afford a caretaker. Either way, a catastrophic injury can put a tremendous strain on your family’s budget.

Speak to our Philadelphia catastrophic injury lawyer to ensure that you are getting fair and full compensation for all your damages and losses. Do not accept a settlement offer until you discuss the appropriate value of your case with a lawyer.

A Personal Injury Lawyer Who Goes To Court

If you or somebody you care about has sustained a catastrophic injury caused by the careless or negligent actions of another individual or entity in Philadelphia, reach out to the team at the Weitz Firm as soon as possible. Our attorneys have extensive experience handling complex injury claims, and we know what it takes to help our clients recover full compensation for their losses. We refuse to back down from aggressive insurance carriers or at-fault parties, and we have no problem taking a case to trial if necessary. When you need a Philadelphia catastrophic injury attorney, you can contact us for a free consultation of your case by clicking here or calling 267-587-6240.

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