Experienced, Reputable Trial Lawyers

Catastrophic Injury Attorney In Denver, Colorado

An injury is catastrophic when it represents a serious and permanent change in a person’s life. And the people who need that assistance are often unsure of where to turn. Catastrophic injury attorneys are often there to secure a lifetime of service and care for people.

At Beem & Isley, P.C., our personal injury attorneys are experienced, respected and care about our clients in Denver, and across Colorado. We provide the victims of catastrophic injuries, and their families with information and guidance so they can make the right decisions about their cases. We diligently support the people we work with and pursue the outcome they deserve.

Different Types Of Catastrophic Injuries

As the only metric for catastrophic injury is that it is life-changing and long-lasting, a catastrophic injury can be any kind of injury. It can include:

  • Burns over a significant percentage of the body
  • Broken bones all over the body
  • Extremely serious traumatic brain injuries
  • Amputations
  • Spinal cord injuries
  • Severe nervous system damage

These injuries require lengthy and extensive treatment, even to get a person out of immediate danger. Then, they will often require long-lasting care, as that person may never be able to operate on their own any longer. With the exception of a wrongful death, a catastrophic injury is the most life-changing and devastating of injury cases.

How Negligence Is Proven In Catastrophic Injuries

We prove negligence for catastrophic injuries in the same way we attempt to prove liability for other cases: a close review of the available evidence. To be sure, the stakes in these cases are much higher, and so the scrutiny – fairly or unfairly – is much greater on:

  • Eyewitness testimony supplied by other drivers and bystanders
  • Medical records
  • Physical damage to the involved vehicles and surrounding structures
  • Tire marks on the road
  • Police report on the accident
  • Your testimony

The court and all sides will work to consider this available evidence in a dispassionate, considered way. Still, there is a great chance that one side casts evidentiary findings in a better or worse light for your case.

Your testimony – your words – carry significant weight here. If the insurance company can use what you say for their goals, your case may be on a difficult road. That’s why it’s extremely important that you let us do as much of the work for you as possible in terms of gathering evidence and communicating with the insurance company.

Unique Complications In Catastrophic Injury Claims

Catastrophic injury claims are far more complex than standard personal injury cases due to the severity and long-term impact of the injuries involved. These claims often require an in-depth understanding of multiple factors that can influence the outcome of the case due to:

  • Long-term medical care and future damages: One of the primary challenges in catastrophic injury claims is accurately calculating the long-term costs associated with medical care. Unlike minor injuries, catastrophic injuries often require ongoing medical treatment, rehabilitation and possibly lifelong care. This includes surgeries, physical therapy, mental health counseling and specialized equipment. Estimating future medical expenses and the associated financial impact is crucial, as these costs can be astronomical over time.
  • Loss of earning capacity: Victims of catastrophic injuries may face a significant loss of earning capacity due to their inability to return to work in the same capacity – or at all. This loss must be carefully calculated to account for not only the immediate impact but also the long-term financial consequences. The claim must consider potential career growth, inflation and the individual’s unique professional trajectory to better ensure fair compensation.
  • Emotional and psychological impact: The psychological toll of a catastrophic injury can be profound, often leading to conditions such as depression, anxiety and post-traumatic stress disorder (PTSD). These emotional and psychological damages must be thoroughly documented and factored into the claim.
  • Insurance company tactics: Insurance companies are well-aware of the high stakes involved in catastrophic injury claims and often employ aggressive tactics to minimize payouts. They may attempt to downplay the severity of the injury, dispute the need for certain treatments or argue that the victim’s preexisting conditions are responsible for their current state.
  • Proving liability and causation: Establishing liability in a catastrophic injury case can be particularly challenging. The nature of these injuries often involves multiple parties, such as manufacturers in product liability cases or employers in workplace accidents. Additionally, proving causation – the direct link between the injury and the negligent party’s actions – requires a detailed and often complex investigation. This may involve witnesses, extensive documentation and a thorough understanding of the legal standards for proving negligence.

Handling these unique complications requires an attorney with extensive experience in catastrophic injury claims. Understanding the full scope of the victim’s losses and effectively presenting them is key to achieving a successful outcome.

Catastrophic Injury And Disability Benefits

Catastrophic injuries result in major, life-altering changes, often requiring long-term care. Victims of such injuries may be eligible for various disability benefits, which are essential for supporting their long-term care and overall well-being. These benefits help manage the financial burden and provide necessary health care services.

There are various disability benefits that may be available to catastrophic injury victims such as:

  • Social Security Disability Insurance (SSDI): This benefit is for individuals who have worked and paid into Social Security. Eligibility depends on your work history and the amount of Social Security taxes you’ve paid. SSDI is intended for those who have a disability that prevents them from working for at least a year or could result in death.
  • Supplemental Security Income (SSI): SSI is designed to help adults and children who have a disability and little income or resources. This benefit provides cash to meet basic needs for food, clothing and shelter. Eligibility is based on disability, income and assets.
  • Medicare: Typically available for people age 65 or older, Medicare is also accessible to individuals under 65 with certain disabilities, including those receiving SSDI benefits. Medicare helps cover hospital bills, doctor visits and other medical services.
  • Medicaid: This program assists with medical costs for some people with limited income and resources. Medicaid eligibility varies by state but generally includes coverage for those meeting specific income and medical criteria.
  • Veterans’ benefits (if applicable): For veterans who sustained injuries during their service, there are additional benefits available through the U.S. Department of Veterans Affairs. These benefits can include disability compensation, which is a tax-free monetary benefit and may also cover health care needs related to the injury.

Each of these benefits has specific eligibility requirements and is designed to provide financial and medical support to those who have suffered catastrophic injuries, helping them manage their care and maintain their quality of life.

The general eligibility requirements for disability benefits include:

  • Medical criteria: Benefits usually require proof of a severe injury or a permanent disability that significantly impacts the ability to work or perform daily activities.
  • Work history and earnings requirements (SSDI): Applicants must have worked for a certain number of years and paid Social Security taxes to qualify for SSDI.
  • Income and resource limits (SSI): SSI eligibility depends on having a limited income and few resources, meaning the applicant must fall below set financial thresholds.

It’s important to note that eligibility requirements can vary significantly from one program to another.

To apply for disability benefits, you will need to collect necessary documents like medical records and tax returns. And you can submit your application online, by phone or in person. If denied, you can appeal by providing more information and possibly attending a hearing.

Navigating the disability benefits system can be complex and overwhelming, especially for those recovering from catastrophic injuries. It’s crucial to seek assistance from a disability attorney or advocate to ensure you avoid potential denials or delays that include incomplete application forms, insufficient medical evidence or administrative backlogs. Our attorneys at Beem & Isley, P.C., can help with these issues and increase your chances of approval. Call us at 303-894-8100 to get started.

What Role An Attorney Plays In Handling Cases Such As These

One of the first questions people ask us is, “Is the liable party responsible for paying for my injuries?” That question is followed quickly by “how?”

The answer to that second question is us. Our attorneys are diligent and dedicated, and we pursue claims in civil court to secure compensation. The technical legal reasons for this are extremely old and date back centuries. The entire personal injury system revolves around tort law. Without going into a long, historical review, the fact is that if a person is responsible for your pain, the law has long sought ways to get you financial compensation.

Our job as your catastrophic injury attorneys is to help the law fulfill that goal. We act as your voice. We take on the arguments of the insurance companies head-on and fight as long as you deserve to get compensation. Contact us today for a free consultation at 303-894-8100 or send an email using this form.