The idea that you might have to prove that your injuries from a vehicle accident are catastrophic can seem perplexing if you're unfamiliar with American law. After all, shouldn't the insurance company just rightly pay whatever compensation is due based on your medical and economic losses?

Unfortunately, the system doesn't work that way. Consequently, you may have to hire a vehicle accident injury attorney and fight to obtain catastrophic damages. Here is why the issue matters.

Policy Limits and State-Mandated Compensation Caps

In order to try to keep insurance costs down, insurance companies impose policy limits on most forms of coverage. If a driver is at-fault in an accident case, these limits artificially prevent the insurer from paying potentially millions upon millions of dollars in compensation. However, the common exception to a policy limit is that the case involves catastrophic injuries.

Similarly, some states have mandated compensation caps. Once more, the big exception is a catastrophic accident.

What Makes an Accident Catastrophic?

You will want to talk with a vehicle accident injury lawyer who's licensed to practice in your state to get the most specific answer to this question. However, the general idea of catastrophic injuries is anything that leads to multiyear or even lifelong pain, suffering, medical care, or disfigurement.

Suppose a person suffered a spinal injury at the neck that deprives them of the ability to walk ever again. Worse, they have breathing issues and require 24-hour nursing care. This is catastrophic in the legal sense because the victim is never going to resume their normal life again. Even if by some miracle they do regain the ability to walk, they will only accomplish that through years of grueling physical therapy and probably multiple surgeries.

Almost any injury that leads to these kinds of long-term issues is catastrophic. For example, a person who experiences permanent facial scarring will suffer lifelong damage to their appearance and self-confidence. They are entitled to significant compensation for those losses.

Fighting to Uncap Damages

Unsurprisingly, defendants and insurers aren't wild about paying catastrophic damages. An uncapped compensation package could bankrupt a business or a person without insurance. Likewise, the insurance company could take a significant financial hit. Many will elect to put up legal fights.

A vehicle accident injury attorney may have to present evidence to support a catastrophic claim. Ideally, they can present enough medical evidence to make the defense worry about what a jury might award. This may get the other side to settle.

For more information, contact a vehicle accident injury attorney today.