A catastrophic injury changes what a case is about. Liability may not be seriously contested. What decides the outcome is whether enough insurance exists to cover a lifetime of medical care, lost earnings, and the losses a family carries after a death.
That question is an insurance question, and it is the one I work on. I spent years on the insurance side of these disputes before representing policyholders and injured people, which means I know how carriers evaluate exposure, where they look for reasons to pay less, and what moves them.
Why Coverage Decides These Cases
Serious injuries produce damages that exceed most policy limits. A single auto policy rarely covers a spinal cord injury or a traumatic brain injury. The work is finding every policy that responds and getting each carrier to pay what it owes.
More coverage often exists than a first look suggests:
- Umbrella and excess policies sitting above the primary limits
- A second policy covering the same driver through another household member or a permissive use provision
- Commercial coverage where the at-fault driver was working, delivering, or driving for a rideshare or delivery platform
- Your own uninsured and underinsured motorist coverage, which pays when the at-fault party carries too little
- Coverage held by a property owner, contractor, or manufacturer whose conduct contributed
Locating these policies early matters. Limits get consumed, deadlines run, and carriers rarely volunteer what else exists.
When the Insurer Refuses a Reasonable Settlement
Where damages plainly exceed the limits, the at-fault party’s insurer has an obligation to consider settling within those limits. An insurer that unreasonably refuses a reasonable offer can become responsible for the entire judgment, not just the policy amount. That opens a recovery well beyond what the policy would otherwise provide.
Preserving that possibility depends on how you make and document the demand at the outset. This connects directly to my work on excess judgments and failure to settle, and it is one reason I take these cases.
Wrongful Death and Survival Claims
When an injury proves fatal, two separate claims arise, and each compensates for different losses.
A wrongful death claim belongs to eligible surviving family members. It covers funeral and burial costs, the financial support the family lost, and the value of the companionship, care, and services the person would have provided.
A survival claim belongs to the estate. It covers what the person lost before death, including medical expenses and lost earnings.
The distinction affects who may sue, what each claim recovers, and how any settlement is allocated. Getting it wrong at the outset costs the family money.
What These Cases Require
Catastrophic cases need proof that holds up: treating physician records, life care planning that documents future needs, economic analysis of lost earnings, and evidence of how the injury changed daily life. Insurers dispute future care costs hardest, because that is where the largest numbers sit.
I also address medical liens and reimbursement claims from health insurers, which reduce the family’s net recovery if left unresolved.
Defense-trained. Policyholder-focused. Reach Out Today!
If you or someone in your family suffered a serious injury or died because of another’s conduct, contact me. I meet with clients in English, Armenian, and Russian.