If you sustained a catastrophic injury due to another person’s negligence, you can be entitled to receive compensation. However, getting up before strangers and telling your story of woe and pain could not seem worth it. You and your skilled Orange County personal injury lawyer can use numerous alternative dispute resolution methods to protect your rights and fight for justice. Please read this blog post to learn more about the available compensation options.

Defining a Catastrophic Injury

Catastrophic injuries generally include injuries that permanently hinder a person from performing economic activities.

According to California Labor Code Section 4660.1(c)(2), a catastrophic injury can be any of the following:

  • Paralysis
  • Loss of a limb
  • Serious head injuries
  • Severe burn injuries

Consequently, these injuries are mainly devastating and could be life-threatening. Your injuries need not be permanent but need an extended period of recovery.

Catastrophic injuries can occur when you least expect them. Typical incidents that can lead to injuries include:

  • Workplace accidents
  • Medical malpractice
  • Truck and traffic-related collisions
  • Construction site accidents
  • Sports injuries
  • Product malfunctions or defects
  • Pedestrian accidents

Calculating Your Catastrophic Injury Claim Worth

You are entitled to compensation that includes two damages classes: punitive and compensatory.

Typically, compensatory damages are tailored to place you, the plaintiff, in a position you would be in if your injuries had never happened. By placing a dollar figure on your injuries, compensatory damages aim to restore you emotionally, physically, and financially. Compensatory damages are classified as economic and non-economic. They include:

  • Medical bills and expenses
  • Lost income
  • Lost earning capacity
  • Replacement or repair of assets
  • Loss of consortium
  • Pain and suffering

Punitive damages do not compensate you but punish the responsible party for causing your injuries and deter others from engaging in the same conduct. Courts award punitive damages when the liable party’s behavior has been outrageous and egregious.

The worth of the catastrophic injuries claim depends on your case’s facts. Hence, a person with a severe injury requiring months or years of hospitalization will likely recover a more significant settlement than an individual discharged from the healthcare facility immediately.

Other things that could influence your overall compensation amount include:

  • Income or wages lost after catastrophic injuries
  • Your recovery ability from the injury
  • Your forecasted future medical expenses related to your injury

Typically, a catastrophic injury leads to extensive financial damage.

Some ways to ensure you receive maximum compensation include the following:

  • Filing the case as soon as possible
  • Seeking medical attention
  • Hiring legal representation
  • Evaluating the claim thoroughly
  • Documenting rejections of the defendant’s settlement offer
  • Avoiding posting on social media
  • Considering future damages in your case
  • Ensuring your settlement agreement is in writing
  • Ensuring your personal injury attorney confirms the terms of your settlement agreement

Understanding Catastrophic Injury Claims Arbitration

Arbitration is a legal process of alternative dispute resolution that assists in resolving cases without involving the California justice system. In this legal procedure, your arbitrator (a person that all parties agree on) will determine the dispute outcome. The arbitrator will make the dispute decision according to the proof and arguments presented by the parties involved.

There are two types of arbitration:

  • Non-binding
  • Binding

Non-binding arbitration allows parties to reject their unsatisfied arbitration award and demand a trial. Parties treat non-binding decisions as an independent assessment of the gaps and strengths of a potential lawsuit to encourage a settlement. A non-binding arbitration case can become an arbitration agreement if the parties take too long to proceed to court or agree.

Binding arbitration is when the parties agree that the arbitrator’s decision will bind them.

The Difference Between Arbitration and Mediation

Arbitration differs from mediation because a mediator does not determine the case's outcome. The mediator should assist the parties involved in communicating effectively and arriving at a jointly agreeable case resolution. However, unlike the arbitrator, a dispute mediator cannot decide for any party. Instead, the mediator listens to the parties involved and determines if the dispute should have a binding resolution.

Arbitration is simple and more cost-effective. Nevertheless, agreeing to an official arbitration could surrender your legal entitlement to trial before a California judge or jury. Depending on the type of arbitration, it is wise to retain a seasoned California lawyer before agreeing to arbitration.

Arbitration Arrangements

Arbitration occurs when the parties involved agree on the case options. That means the insurance adjuster cannot be coerced to accept dispute arbitration, and they cannot pressure you. The fundamental facts to agree on are:

  • Who will arbitrate the case? — Your arbitrator should be an experienced lawyer, a retired California judge, or another individual the parties choose. Another procedure for choosing an arbitrator is asking the insurance adjuster to recommend probable arbitrators and analyzing the recommendations through online research. Consult the court and discuss your probable arbitrator online with different people. Ensure that you select an individual who is renowned for fairness and integrity.
  • There will be no regulations on evidence at the arbitration — You can use documents like medical bills, pay records, or other documents without calling your doctor or employer to the arbitration as a witness.
  • The arbitrator’s resolution will be final and cannot be repealed — Arbitration is a viable option that saves time and money compared to advancing to trial. You do not want to acquire fair arbitration only for the insurer to delay paying the agreed settlement or reverse it.
  • You could enter into a high-low agreement — The insurer should insist on agreeing to one before determining the reimbursement option. Entering a high-low agreement indicates that the insurance provider will not award compensation between the agreed low and the high. The defendant will award you the appropriate figure.
  • How you will cater for arbitration expenses — Generally, the arbitration expenses are your arbitrator’s fee for the time they work on your compensation claim.

The Arbitration Procedure In California

Important facts associated with the arbitration procedure include:

  • When starting arbitration, the parties involved can either agree or have their dispute heard by an impartial party
  • Arbitration is an alternative case-resolution mechanism
  • The arbitrator should consider proof from the parties in the case before making a judgment
  • During the arbitration, you should present your case facts to the arbitrator in the same way in which an argument is made in court (It includes opening remarks, calling experts and witnesses, presenting your case supporting documentation, critiquing and reviewing statements from the opposing side, and closing statements)
  • After your hearing, the arbitrator will provide an award statement detailing how they decided. The award is lawfully binding.
  • A fair and satisfactory settlement is compensation for all damages you incur due to injury. It should put you where you would have been if your accident had not occurred.

Benefits of Arbitration

Arbitration could be the right option following a catastrophic injury. Benefits that necessitate arbitration include:

  • If the defendant’s insurance company offered you an unfair cash settlement
  • If the defendant’s insurance policy has a clause that requires explicit arbitration when a dispute becomes unresolved. If this applies in your case, an arbitrator could be able to provide a resolution without incurring costs or time associated with a trial.
  • If the defendant’s insurance provider does not want to negotiate a fair settlement,
  • When your damages are $50,000 or less
  • If the case is complex and involves multiple parties or serious injuries

When Is Arbitration Not Advisable

When the parties involved choose to have control over their dispute, especially in every aspect of the litigation proceedings, binding arbitration is not a suitable option. The involved parties can consider a non-binding arbitration if they opt for autonomy over their case.

It is worth remembering that if you progress with binding arbitration, neither you nor the defendant can appeal the arbitrator’s decision. You and the defendant are liable for the arbitrator’s decision upon formally entering into binding arbitration.

What to Do Before Entering Into An Arbitration

If you are considering entering into arbitration for a personal injury case, you should first take the measures below:

  • Gather all evidence, statements, and documents, including your medical reports
  • Consult a qualified personal injury attorney
  • Conduct thorough research on fighting or appealing arbitration decisions
  • Study and gain a great understanding of laws governing California arbitration proceedings

Arbitration Timeline

A benefit of arbitration is that it can be scheduled quickly and is cheaper than a trial. Although every catastrophic injury claim involves a set of circumstances, the typical arbitration timeline could be as follows:

  • One (1) to 60 days — Filling, initiating, and choosing an arbitrator
  • 61 to 90 days — Case information and arbitration preparation
  • 91 to 100 — In California, hearing could last for one day or longer
  • 101 to 110 — The arbitrator’s decision

Mediation in Personal Injury Case

Although litigation is a method to pursue compensation, it is costly and lengthy. On the contrary, mediation provides an alternative dispute resolution option.

This ADR is a confidential, voluntary process in which an impartial third-party person (mediator) assists the arguing parties in reaching a mutually justifiable settlement. The process involves the plaintiff, the defendant, their attorneys, and a neutral mediator. The mediator should not force a decision or decide the matter. Instead, they facilitate negotiation and communication between the involved parties. The involved parties, their lawyers, or the court can initiate the decision.

Generally, this process entails the steps below:

  1. Introductory remarks —  First, your mediator will explain a neutral facilitator's ground rules, process, and responsibility.
  2. Opening statements — Every side presents their story version, including the desired results.
  3. Joint discussion— Your mediator will encourage you to talk, identify, and clarify issues of disagreement and agreement.
  4. Private caucuses — Next, the mediator will meet individually with every party to understand their willingness to compromise, positions, and interests.
  5. Negotiation — Your mediator will facilitate negotiation between you and the defendant, assisting you in analyzing possible settlement options.
  6. Reaching an agreement — If you reach an agreement, your mediator will help you draft an agreement outlining terms.
  7. Closure — If you disagree, your mediator will discuss and recommend the way forward.

Preparing for Your Mediation Process

Preparation is essential for successful mediation. Below are some ways to assist you in preparing:

  • Collect appropriate documents— Before your mediation, collect all evidence and documents relevant to the case, including accident reports, witness statements, correspondence between the sides, photos, and medical records. The details will assist you in effectively presenting your case and help your mediator understand the issues and facts.
  • Select the right mediator — Choosing a mediator proven in catastrophic injury claims can affect your mediation’s outcome. Ensure you select a mediator familiar with California personal injury laws.
  • Have your settlement range — Before agreeing, know the reasonable settlement range based on the damages you incurred and the strength of your case. Consider the most favorable case result and worst-case scenario. The range will guide the negotiations and assist you in analyzing settlement offers.
  • Practice negotiation skills — Proper negotiation and communication skills are vital for a smooth mediation process. Practice expressing your needs and interests clearly, active listening, and being ready to seek clarification and ask questions. Be prepared to compromise and show empathy towards the defendant. Nevertheless, know your limits and establish boundaries for productive negotiations.

Other tips to maximize the chances of a successful mediation include the following:

  • Being patient
  • Staying focused on your interest
  • Being open to creative solutions
  • Managing your emotions
  • Seeking professional advice
  • Communicating effectively

The Personal Injury Case Goes to Trial

Before a personal injury case proceeds to court, there is a pre-trial stage where the involved parties engage in discovery (exchanging evidence and details applicable to the matter). During this stage, the parties can attempt to agree on pivotal issues in the case or reach a settlement. If they cannot settle, the case will proceed to court.

Some disputes go to trial because the involved individuals fail to reach a settlement. For instance, a plaintiff might believe they have a right to a specific compensation amount for their injuries. At the same time, the defendant might argue that the injuries were not catastrophic enough to warrant the amount. In this case, a trial could determine the appropriate compensation amount.

Another reason cases proceed to trial is that the involved parties have different perspectives on pivotal issues.

What Happens When a Personal Injury Claim Proceeds to Trial?

Discussed below is what to expect when your claim goes to trial:

     1. Jury Members Selection

Typically, the jury comprises 12 members, but the number can be smaller. The jury decides on critical issues in the case.

The first step of the trial is jury selection. Possible jury members are asked questions so lawyers and judges can decide whether the person has biases or prejudices that could hinder them from maintaining fairness and impartiality.

     2. Opening Statements

Second, the parties will present their opening remarks. The opening statement is where the parties give their account of events and highlight what they will prove or refute. It addresses every attorney’s expectation regarding what the evidence should verify.

Your personal injury attorney will go first because you must prove your case allegations. Opening statements take 20 minutes.

     3. Your Evidence Presentation

Your attorney will use witnesses to present evidence on vital case issues. For example, to establish how the accident occurred, your lawyer can call eyewitnesses to testify about what they saw before and during the accident.

     4. The Defendant’s Presentation of Evidence

Next, the defendant’s evidence presentation is identical to yours. The liable party’s attorney calls witnesses whose testimony reinforces the defendant’s defenses and arguments.

     5. Closing Arguments

The attorneys will make closing statements and discuss the presented proof with the jury.

Moreover, it is an opportunity for legal advocates to:

  • Persuade the jury to draw a specific conclusion from the evidence and
  • Then make a judgment in favor of a given party.

     6. The Jury Members' Deliberation

Next, the jury members will move to a separate room for deliberations on the submitted evidence before reaching a verdict. The deliberations are confidential; neither the involved parties nor the judge will be present.

The jurors can take many days or hours before deciding.

Once the jury decides, they will alert the judge, who will take them into the courtroom. Finally, the jury will read the verdict to all parties and make it a court record.

There is no set duration for a trial. The period varies, depending on the court's procedures and the case's complexity.

Contact a Skilled Personal Injury Attorney Near Me

If you or your loved one suffered catastrophic injuries at the hands of a negligent party, you deserve compensation for the loss incurred. California personal injury law allows you to seek monetary recovery via the civil court system. Nevertheless, most cases settle before proceeding to court. Thanks to alternative dispute resolution. The skilled legal team at Orange County Personal Injury Attorney knows the law, how to build strong cases, and the most effective strategies to obtain a fair compensation amount that makes you whole again. We can focus on all case details, leaving no matter unaddressed or no stone unturned when fighting for the compensation you deserve, allowing you to focus on your recovery. Please call us at 714-876-1959 to learn how we can help you.