Are cases with catastrophic injuries, such as paralysis or severe burns, handled differently than more routine damage cases?
The basic legal framework for resolving a personal injury claim is the same, regardless of the level of the plaintiffs injuries. In more routine personal injury cases trial preparation, known as discovery, may include a few depositions, the exchange of basic documentary evidence, and a report from the injured partys health care provider. This routine process usually takes 6 months to a year to complete. Discovery in a catastrophic injury case is likely to be longer and more difficult. Numerous depositions and reports from several expert witnesses may be necessary. The exchange of relevant documentary evidence should be very thorough, including all of the injured partys relevant medical records and, for example, complete operation and maintenance records in a case involving a malfunctioning piece of industrial equipment. The cost of trial preparation in a catastrophic injury case can be extremely high. Fortunately, under our system of justice, attorneys are allowed to advance the costs
