There is a common question that is asked when a person has been seriously injured by the negligence of another: Should I sue? No one wants to go through a lawsuit and people understand the concept that accidents do happen. Clearly in cases of overt reckless behavior such as a drunk driver or injuries caused by intentional acts of another deserve payback. Sadly, when someone suffers a serious injury due to the negligence (carelessness) of another, you may have no choice but to sue.
The insurance industry is a tough opponent, the law continues to disfavor Plaintiffs, and the Courts are too congested,which only favors the defense. There are also simply too many long-term costs that can and can’t be anticipated that may or may not be covered by future medical insurance. For example, a child who suffers an eye injury because of the carelessness (negligence) of another may have current medical coverage for the care necessary including all costs for corrective and protective eye wear. Unfortunately, what happens if that family loses their health insurance? Those costs can financially destroy an average family. If the injuries continue to live with the child, it will ultimately become the responsibility of the child when he or she becomes an adult. Future costs include surgeries and other future care not originally contemplated will not be covered. Additionally, lost days at work for medical follow-up will not be considered. The direct and indirect costs associated with future care add up.
The economic consequences of a traumatic brain injury, a spinal cord injury, amputation, severe burn, and associated pain conditions such as reflex sympathetic dystrophy will more often than not ultimately lead to the financial collapse of the injured or to an injured child’s family. The ultimate question in this situation is who caused the injury? Is there insurance coverage or another deep pocket that can fully compensate a patient or just an individual without minimal liability coverage?
If you have a significant injury that will need future care, a lawsuit is inevitable, and to be properly prepared, a life care plan will be an absolute requirement.