Catastrophic Injury Attorney | Finney Injury Law
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This page is attorney advertising. It offers general information about Missouri law and is not legal or medical advice for your situation. Reading this page or contacting the firm does not create an attorney-client relationship, which is formed only by a written agreement signed by both you and the firm. Any case results described are specific to the facts of those cases; past results do not guarantee, warrant, or predict a similar outcome in any other matter. Finney Injury Law is licensed to practice law in the State of Missouri. The full disclaimer appears at the bottom of this page.

Catastrophic is not a marketing word. It describes an injury that permanently changes what someone is able to do: a traumatic brain injury, a spinal cord injury, an amputation, severe burns, the loss of sight or a limb, or an injury requiring lifelong attendant care.

These cases are different in two specific ways. The damages must be proved decades into the future rather than measured from receipts, and the available insurance is frequently less than the loss, which makes finding every applicable policy part of the legal work rather than an afterthought.

How a catastrophic case is built.

The Life Care Plan

A life care plan is a costed, itemized projection of everything an injury will require over a lifetime: surgeries and revisions, medication, therapy, durable medical equipment and its replacement cycles, home modification, transportation, and attendant care. Prepared by a qualified planner and supported by treating physicians, it converts a permanent injury into a number a jury can actually award.

Lost Earning Capacity, Not Just Lost Wages

Lost wages are what someone has already missed. Lost earning capacity is what they can no longer earn across a working life, and for a young person it usually dominates the case. It is established through vocational assessment and economic analysis, not by pointing at a recent pay stub.

Finding Every Layer of Coverage

A catastrophic loss frequently exceeds the at-fault party's policy. Other sources may include your own underinsured and uninsured motorist coverage, umbrella policies, an employer's commercial policy if a vehicle was used for work, and separate policies belonging to additional responsible parties. Identifying all of it is often what determines whether a family is actually made whole.

Liens, Subrogation, and What You Keep

Health plans, Medicare, Medicaid, and workers' compensation carriers commonly assert rights to be repaid from a recovery. In a large case those claims can be substantial, and negotiating them down is a distinct piece of work that directly changes the amount a family keeps. A gross settlement figure means little until the liens are resolved.

What the difference looks like in practice.

A red light runner caused injuries requiring multiple disc replacements, a lower back fusion, and treatment complicated by blood clots. The case was tried, and a St. Louis County jury returned $10,000,000.

“The bills to date are the smallest number in a catastrophic file.”

In a separate case, a professional musician suffered a traumatic brain injury when an SUV struck him in a crosswalk. His livelihood depended on capacities the injury impaired. The insurer's opening position was $350,000; the case resolved at $3.5 million.

Neither outcome came from a more persuasive argument about pain. Both came from documenting a lifetime, and from being prepared to have a jury put a number on it.

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Catastrophic injury results.

Past results do not guarantee a future outcome, and every case depends on its own facts. These are public-record results that show what trial-prepared representation can produce.

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What matters in the first weeks.

01

Do not settle early, and do not sign a release.

Catastrophic injuries have trajectories that are not clear for months. An early offer, which can look like a large number to a family facing bills, is made before anyone knows the cost of the next thirty years. A release ends the claim permanently, including for care not yet needed.

02

Get the right specialists involved.

Long-term outcome and long-term documentation both depend on appropriate specialty care: neurology and neuropsychology, physical medicine and rehabilitation, orthopedics or neurosurgery. Their records become the foundation the life care plan is built on.

03

Inventory every insurance policy.

Not only the at-fault party's. Your own auto policies including underinsured and uninsured motorist coverage, any umbrella policy, coverage held by household members, and employer policies if a vehicle or job was involved. In a catastrophic case the coverage search frequently decides the outcome.

04

Track everything the injury changes.

The unpaid hours a spouse now spends providing care. The modifications to the house. The activities and work a person can no longer do. Contemporaneous documentation of these losses is far more credible than reconstructing them from memory two years later.

Catastrophic injury questions, answered.

What counts as a catastrophic injury?

Generally an injury causing permanent impairment or disability: traumatic brain injury, spinal cord injury and paralysis, amputation, severe burns, loss of vision or hearing, multiple fractures requiring fusion or joint replacement, or any injury requiring lifelong care or attendant assistance. The legal significance is that damages must be projected across a lifetime rather than totaled from bills already received.

What is a life care plan and do I need one?

It is a costed, itemized projection of an injury's lifetime requirements: future surgeries, medications, therapies, equipment and its replacement, home and vehicle modification, and attendant care. In a serious permanent injury case it is usually essential, because it is what converts a medical prognosis into a damages figure a jury can award and an insurer can be made to confront.

What if the at-fault driver's insurance is not enough?

This is common in catastrophic cases and it does not necessarily end the matter. Your own underinsured and uninsured motorist coverage may respond, umbrella policies may apply, an employer's commercial policy may be available if the at-fault driver was working, and additional responsible parties may carry separate coverage. We have recovered $250,000 through a client's own policy after an underinsured driver caused a head injury.

How is future medical care proved if it has not happened yet?

Through expert testimony. Treating physicians establish what care will be reasonably necessary, a certified life care planner itemizes and costs it, and an economist reduces the projection to present value. Missouri law permits recovery of future medical expenses that are reasonably certain to be required; it does not require them to have already been incurred.

Will health insurance or Medicare have to be repaid from my settlement?

Frequently yes. Health plans, Medicare, Medicaid, and workers' compensation carriers commonly assert subrogation or lien rights against a recovery. In large cases these amounts are significant, and negotiating them is separate work that materially changes what a family actually keeps. A settlement figure is not a net figure until the liens are resolved.

How long does a catastrophic injury case take?

Longer than a routine claim, generally because it should. The medical picture has to stabilize enough to project the future reliably, and the expert work takes time. Settling before the prognosis is understood is the most common way these cases are undervalued.

Should the case be tried?

Most resolve without a trial, but the preparation to try one is what produces the settlement. Insurers value catastrophic claims according to what they expect a jury to do. Finney Injury Law has taken these cases to verdict, including $20,025,000 in St. Charles County and $10,000,000 in St. Louis County.

Related pages.

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