How Much Is a Catastrophic Injury Claim Worth?

A catastrophic injury can have a long-term, even permanent impact on our health, well-being, and happiness. This means catastrophic injury compensation must be sufficient to cover future expenses and issues like pain and suffering. Because each claim is different and each situation unique, it is very helpful to consult with a catastrophic injury lawyer who can assess your situation and help you understand what damages you may be owed.

If you have suffered a serious, life-altering injury, call the Denver office of Burg Simpson at 303-792-5595 to schedule a FREE consultation with a dedicated personal injury attorney. Our firm has more than 45 years of experience helping victims of catastrophic injury throughout Colorado seek justice.

What Is a Catastrophic Injury?

A catastrophic injury permanently changes the course of your life. These injuries often require extensive medical care and rehabilitation and may create a long-term need for personal assistance and daily support. They can also prevent you from returning to work and impact your ability to interact with family and friends, combining to create devastating financial, physical, and emotional consequences. To be complete, catastrophic injury compensation must speak to all of these issues.

Catastrophic injuries are distinguished by their severity. They may include:

• Traumatic Brain Injury (TBI)
• Spinal Cord Injury (SCI)
• Severe Burns
• Amputation
• Organ Damage
• Damage to Eyes and Ears

Surviving an accident that causes catastrophic injury is only the first hurdle. The path forward will likely involve expensive medical treatments, steep rehabilitation costs, and a complete lifestyle change. When someone else’s negligent or reckless actions cause these life-changing injuries, Burg Simpson can help you pursue fair and full catastrophic injury compensation.

What Is My Claim Worth?

It is impossible to value your catastrophic injury claim without knowing the specifics of your case. Several things go into determining the worth of a claim, and, unlike insurance, an attorney will not use a standard formula to place a value on your suffering. This means your case may be worth much more than insurance is willing to pay. But knowing what your catastrophic injury claim is worth is not useful unless you have the power to fight for it. This is precisely where the personal injury lawyers at our firm come in.

In our more than four decades of service, Burg Simpson has fought tirelessly for victims and their families, recovering over $2 billion in verdicts and settlements for our clients. During your cost-free case review, we will listen to how your injury has impacted your life to help you understand how much your catastrophic injury claim might be worth.

What Types of Damages Are Included in a Catastrophic Injury Compensation Claim?

Catastrophic injuries typically result in a number of damages, both in the immediate aftermath of the accident and in the long-term. Catastrophic injury compensation aims to address these consequences by providing coverage for:

• Medical Expenses: These include hospital stays, surgeries, rehabilitations, assistive devices, in-home care, and all other healthcare needs arising from the injury.
• Lost Wages: When you are forced to miss work for an extended period—or are no longer able to work at all—compensation may include lost income and benefits.
• Home Modifications: Injuries that lead to mobility challenges may necessitate wheelchair ramps, medical lifts, handrails, and other home adjustments.
• Pain and Suffering: While not an economic concern, pain and suffering damages address physical pain, emotional anguish, and diminished quality of life.
• Loss of Consortium: When a spouse or family member suffers a catastrophic injury, the emotional and relational impact can be devastating. Compensation may include the loss of companionship and support.

Catastrophic injury claim damages need to cover both tangible and intangible losses to be complete. Fair and full catastrophic injury compensation can play a decisive role in helping you rebuild stability, adapt to new limitations, and make the best recovery possible.

Bear in mind, when insurance companies are allowed to calculate catastrophic injury damages on their own, their offers are most often woefully insufficient. Before you accept catastrophic injury compensation from an insurance company, be sure to run the offer by a qualified attorney who can help you understand if you are being shortchanged.

How Are Catastrophic Injury Compensation Damages Calculated?

Determining liability and calculating the full value of a catastrophic injury claim is a complicated process and one best left to a qualified lawyer. The process typically involves:

Investigating the Accident

A thorough fact-finding process will need to begin as soon as possible. Your lawyer will review accident reports, gather medical records, interview witnesses, and consult with experts to establish precisely what happened and who was at fault. Proving liability is crucial to obtaining the compensation you deserve.

Assessing the Severity of Your Injuries

Medical documentation and expert opinions are important for demonstrating the extent of harm you have suffered. Doctors, rehabilitation specialists, and life-care planners can help illustrate the long-term impact of the injury, including the need for ongoing treatments or assistive devices.

Evaluating Economic Damages

Once liability and severity are clear, your attorney will calculate current and anticipated financial losses. These may include medical bills, projected future medical expenses, lost wages, reduced earning capacity, and more. Your lawyer may collaborate with economists and financial experts to account for every relevant factor, ensuring an accurate estimate of the long-term costs of your injury.

Evaluating Non-Economic Losses

Pain, suffering, and emotional trauma are difficult to quantify. However, an experienced catastrophic injury lawyer will listen to your story, give voice to your struggles, and build a case that seeks compensation for these issues as well. Without a lawyer, it is highly unlikely that you will be awarded catastrophic injury compensation that covers intangible damages.

Negotiating or Litigating Your Claim

Armed with evidence, expert opinions, and knowledge of the law, your attorney will enter into negotiations with insurance companies or the opposing counsel to try and achieve a fair settlement. If negotiations do not lead to an adequate offer, your lawyer may recommend taking the case to court.

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It is important to note that you may have as little as two years to take legal action following a catastrophic injury in Colorado (see Colo. Rev. Stat. § 13-80-102). The sooner you reach out to a lawyer, the better. Investigations take time. So does building a strong and compelling case. More importantly, however, the quicker your lawyer can start on your case, the sooner they can get to work on pursuing the compensation you need to make the fullest recovery possible.

Catastrophic Injury Compensation: Settlement vs. Litigation

There are two primary paths toward resolution when pursuing catastrophic injury compensation: settlement or trial. Both are useful when appropriate.

A settlement occurs through negotiations between your attorney and the opposing party’s insurer or legal counsel. Settling can provide a faster outcome, help you avoid the stress of litigation, and allow you to start rebuilding your life sooner.

Of course, settlement is not always possible. When it proves ineffective, your lawyer may choose to pursue a trial. This potential makes having an attorney who is experienced both in negotiations and trial settings very important. Not all catastrophic injury lawyers are trial lawyers. Be sure to select one who is both experienced and unafraid in such settings.

Very few catastrophic injury compensation claims end up in the courtroom, but when they do, they may result in a higher award. However, litigation can be time-consuming, and there is always a possibility of an unfavorable ruling as well.

At Burg Simpson, we work on a contingency fee basis. This means that, no matter if your case is settled during negotiations or requires a more aggressive trial approach, you will not be charged for our services until after we have secured compensation on your behalf. During your complimentary and confidential case evaluation, we can discuss settlement vs. trial outcomes and evaluate the course your claim is likely to take.

Burg Simpson Is Here for You and Your Family

Burg Simpson was founded over 45 years ago with the mission of helping victims of catastrophic injury get justice. Our attorneys have recovered more than $2 billion in verdicts and settlements for our clients and remain dedicated to fighting for every penny the people we represent are due.

Our lawyers, investigators, and support staff work relentlessly to build strong cases for every client. We collaborate with expert witnesses, medical professionals, and financial specialists to present a thorough, compelling claim for full compensation. Our team is committed to clear communication, compassion, and fierce advocacy. We know how challenging it is to obtain fair catastrophic injury compensation. We are here to fight tooth and nail for the justice you deserve.

Contact a Catastrophic Injury Lawyer for FREE

If you or someone you love has sustained a serious and life-altering injury in Denver or anywhere in Colorado, contact Burg Simpson for a FREE case review today. We will listen to your story, explain your legal options, and help you decide how best to pursue your catastrophic injury compensation claim.