How to Choose a Missouri Catastrophic Injury Lawyer
Disclaimer

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.

A catastrophic injury is one that permanently changes what someone can do: a brain injury, a spinal cord injury, an amputation, severe burns, an injury that ends a career. The legal problem it creates is different in kind, not just in size, from an ordinary injury claim.

In a routine case, the damages are largely known by the time the treatment ends. In a catastrophic case, most of the loss has not happened yet. It has to be proved in advance, in a form a jury can rely on, and then paid from whatever coverage exists. A firm chosen without reference to those two tasks is chosen on the wrong criteria.

What to look for, specifically.

These four capabilities are what a catastrophic case actually consumes. Ask about each one directly, and ask for an example.

Whether the Firm Builds Life Care Plans

A life care plan is a documented projection of future medical needs prepared by a qualified professional: surgeries, therapy, medication, equipment, home modification, and attendant care, itemised and costed over a lifetime. It is frequently the single largest component of a catastrophic claim and the one insurers attack hardest. Ask whether the firm builds them as a matter of course, and who it uses.

Whether It Will Go Looking for Coverage

The at-fault driver's policy is often not the only source of recovery. There may be underinsured and uninsured motorist coverage on your own policy or a resident relative's, an employer's commercial policy if the at-fault driver was working, umbrella coverage, or additional defendants with their own insurance. Finding all of it is investigative work, and in a catastrophic case it frequently determines the ceiling on the recovery.

Whether It Can Prove Lost Earning Capacity

Lost earning capacity is not the same as lost wages. It is what this person could have earned over a working life, which for a young client with no long earnings history requires a vocational assessment and an economist rather than a pay stub. One of our brain injury cases involved a planned career in the U.S. Navy that the injury ended before it began.

Whether It Actually Tries Cases

Catastrophic cases carry the largest gap between the first offer and the real value, because the numbers are large enough to be worth fighting about and most of the loss is projected rather than billed. A firm that does not try cases has limited leverage on exactly the cases where leverage matters most. Ask for recent trials by county and year.

What proving the future is worth.

A professional musician was struck by an SUV while crossing the street and suffered a traumatic brain injury. The insurer opened at $350,000.

“The insurer opened at $350,000. Documented properly, the case settled at $3.5 million.”

The case settled at $3.5 million — ten times the opening position, once the lasting effect on a working musician's life and career had been documented rather than asserted.

The opening offer was not an insult. It was a reasonable number for the injury as it appeared on paper at the time, which is precisely the problem: the paper does not yet contain the future unless someone puts it there.

Read the full story →

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.

See more verdicts and settlements →

How to work through the decision.

01

Ask how the firm will find all the available coverage.

Not just the at-fault policy. Underinsured and uninsured motorist coverage, resident relative policies, commercial and umbrella coverage, and additional defendants. In a catastrophic case the coverage search often sets the ceiling on what any recovery can be.

02

Ask whether they will build a life care plan, and who prepares it.

This is the document that turns a lifetime of need into a number. Ask whether the firm commissions them routinely in catastrophic cases and who it retains to prepare them.

03

Ask how future lost earning capacity gets proved.

The answer should involve a vocational expert and an economist, particularly for a young client or anyone whose earnings history understates what they were on track to earn.

04

Ask for recent trials, by county and year.

Catastrophic cases are where trial readiness has the most effect on value. Missouri court records are public, so the answer can be checked.

05

Ask who pays the case costs if the case is lost.

Catastrophic cases carry the highest costs of any injury case, because they need the most experts. Get the answer in the written agreement.

Catastrophic cases: questions, answered.

What counts as a catastrophic injury?

There is no single statutory definition in a Missouri injury claim, but in practice it means an injury that permanently changes what someone is able to do: a moderate to severe traumatic brain injury, a spinal cord injury or paralysis, an amputation, severe burns, multiple fractures with lasting impairment, or any injury that ends a career or requires long-term attendant care. The practical marker is that future losses exceed the losses already incurred.

What is a life care plan and why does it matter so much?

It is a costed, itemised projection of a person's future medical and care needs over a lifetime, prepared by a qualified life care planner: surgeries, therapy, medication, durable equipment and its replacement cycle, home modification, and attendant care. It matters because in a catastrophic case most of the loss has not been incurred yet, and a jury cannot award what nobody has proved. It is also the component insurers challenge most aggressively.

What if the at-fault driver does not have enough insurance?

That is common in catastrophic cases and it is not necessarily the end of the recovery. Other sources may include underinsured or uninsured motorist coverage on your own policy or a resident relative's, an employer's commercial policy if the at-fault driver was working at the time, umbrella coverage, and additional defendants who carry their own insurance. We have recovered a full policy limit through a client's own coverage where the at-fault driver was underinsured.

How long does a catastrophic injury case take?

Longer than a routine claim, and usually for a good reason. Future damages cannot be projected credibly until the medical picture has stabilised enough for a physician to give a reliable prognosis, which can take a year or more. Settling before that point means settling without knowing what is being given up. Missouri allows five years from the injury to file most personal injury claims, so there is usually room to do it properly.

Why does trial experience matter more in a catastrophic case?

Because the disputed amount is larger and most of it is projected rather than billed, which gives an insurer more to argue about and more reason to argue. A firm with a recent trial record changes the calculation on the other side. Our results include a $20,025,000 wrongful death verdict returned after a five-day trial in which the defence had offered nothing at all.

Can I still recover if I was partly at fault?

Generally yes. Missouri follows pure comparative fault, so a plaintiff found partly responsible has their recovery reduced by their percentage of fault rather than eliminated. Being assigned some share of fault does not bar the claim, and insurers routinely assert more fault than the evidence supports. This is worth confirming with an attorney about your specific facts.

Related pages.

Brain and spine injuries Catastrophic injury cases What is a TBI claim? Comparing injury firms
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