Any injury has the potential to be disruptive and frustrating, but catastrophic injuries are especially life-altering. Because of the serious impact these injuries can have, the law allows for more comprehensive compensation. Receiving payments in a Henderson catastrophic injury case can be complicated, but taking the steps to get the compensation you need, now and in the future, can provide a path forward after such a life-changing incident.
Contact our seasoned catastrophic injury attorneys today for a free case review.
Under Nevada Revised Statutes § 616A.077, a catastrophic injury occurs in an accident and results in a lasting, significant impact on the injured individual’s life. Qualifying injuries include the loss of sight in one or both eyes, loss of hearing in one or both ears, amputation of a limb, paralysis (partial or full), severe burns that meet established thresholds, cognitive impairments, and other serious conditions. The statute also permits negotiation and interpretation of what constitutes a catastrophic injury based on the specific circumstances.
Because a catastrophic injury typically has lifelong consequences, the care plan must address long-term needs for emotional, physical, and financial support. Once an injury is classified as catastrophic, insurers must provide specific services. These include assigning a qualified claims adjuster with specialized experience, a registered nurse, and a vocational rehabilitation specialist responsible for developing a life care plan.
The plan must account for ongoing treatment, home modifications for accessibility, rehabilitation strategies, assistive devices, and vocational analysis.
The ongoing costs associated with a catastrophic injury are often substantial, making it essential for any settlement offer to reflect long-term needs. As part of a catastrophic injury lawsuit, the injured individual may pursue compensation for past and future hospitalizations, surgeries, therapies, and medications. They may also seek recovery for lost wages and diminished future earning capacity.
Injured people can also seek compensation for pain and suffering, psychological distress, and loss of enjoyment of life.
In many catastrophic injury cases in Henderson, the injured party selects a lump-sum recovery. This option often provides greater flexibility and immediate access to substantial funds. Such access may be critical when extensive home modifications or costly assistive devices are necessary to maintain quality of life.
However, a lump-sum payment carries the risk of depleting resources. Once the settlement funds are exhausted, the injured party cannot pursue additional compensation for future expenses. Some choose a structured settlement payment that provides ongoing payments at regular intervals.
This payment structure can have tax benefits and provide ongoing stability. Many structured settlements in catastrophic injury cases are set to continue for the entire lifetime of the recipient, which provides peace of mind for future expenses.
A lawyer in Henderson could play a critical role in evaluating whether a settlement reflects the full scope of current and future needs. Through a detailed damages assessment, the lawyer may help clarify anticipated medical, living, and caregiving expenses. The lawyer may also present a well-supported argument for compensation related to pain in performing daily activities and loss of enjoyment of life, helping to support a more comprehensive settlement.
If you need help receiving payments in a Henderson catastrophic injury case, we are here to help. Contact us today to get started with someone who will listen, evaluate, and offer next steps.