What Is A Catastrophic Injury?

A catastrophic injury occurs suddenly, often as a result of an accident. It causes serious physical damage to the body. Most catastrophic injuries are permanent, which means full recovery is not possible. The consequences of this type of injury can be life-changing.

• Spinal cord damage resulting in paralysis
• Amputation
• Loss of hearing
• Loss of sight
• Facial injury that causes deformity
• Nerve damage
• Brain injuries
• Neurological damage
• Severe organ damage
• Severe burns
• Mesothelioma or other occupational illnesses

There are other catastrophic injuries not on this list as well. If an injury is long-lasting or permanent and it severely affects your quality of life and/or ability to work, it may be classified as catastrophic.

Catastrophic injuries have many potential causes. Here are some of the most common reasons why catastrophic injuries occur:

• Motor vehicle accidents including car accidents, truck accidents, motorcycle collisions, bike accidents and pedestrian crashes
• Workplace accidents
• Sports accidents
• Medical malpractice (including birth injuries)
• Product defects
• Falls

Catastrophic injuries are rare, but they affect thousands of people each year. In fact, an estimated 17,810 people each year develop spinal cord injuries. And that is just one of many types of catastrophic injuries.

After a catastrophic injury, you have the right to pursue a claim to recover compensation for your losses from the person or company who harmed you.

Catastrophic injuries can affect your case in a few different ways. They can affect how you recover compensation for motor vehicle accidents in no-fault states and they can impact the compensation available to you when you make a personal injury claim.

Catastrophic Injury and No Fault Accident Cases

If you live in a state that applies no-fault rules, you are not allowed to file an injury lawsuit after most car accidents–even if another driver was at fault for the crash. In these states, if you experience more minor injuries, your own insurer pays for damages under your Personal Injury Protection (PIP) regardless of who was to blame for the accident.

However, no fault states generally do allow you to file an injury claim against the other driver if your injuries cross the threshold to be considered “serious.” Catastrophic injuries are almost always classified as the type of serious injuries that allow you to move forward with a civil case against the driver who harmed you.

Catastrophic Injuries and Injury Compensation

When you are hurt by someone’s negligence or wrongdoing, you are supposed to be “made whole” for your losses if you successfully make an injury claim. You can either settle your case outside of court or file a lawsuit. In either circumstances, you should be compensated for all damages you have endured.

When you suffer catastrophic injuries, you experience more substantial damages. You may have more pain and suffering, as well as higher medical bills, ongoing medical expenses and a lifetime of lost wages. You should receive a larger amount of money to compensate you for the catastrophic injury because your losses are greater.

Your injuries are also more likely to affect your ability to maintain relationships with your loved ones and to continue enjoying life. And they may cause you more mental health issues such as depression or anxiety or personality changes. You should be compensated for these losses as well.

Because there is often a lot of money at stake when you suffer a catastrophic injury, it is important you have a lawyer representing you who has experience with people who have sustained severe injuries or developed serious illnesses.

There is a timeline for filing injury claims. You must file your claim within the statute of limitations where you live. There is generally no extended time deadline for catastrophic injury claims versus standard injury claims. So you need to act before the deadline to get the money you deserve.

In most cases, you have between two and four years to file your injury claim. Since the timeline does vary by state, you should ask your attorney when you need to take action.

Compensation for a catastrophic injury should include payment for the following losses:

• Medical bills, including ongoing treatment you will need due to permanent injuries
• Lost wages, including money you would have made during your lifetime that you can no longer earn due to serious injuries
• Pain and suffering, including ongoing discomfort you will experience due to your injury
• Emotional distress from the accident and resulting injuries

The compensation you get should be enough to compensate for the lost quality of life you have experienced, loss of your previous relationship with loved ones and actual financial costs from your severe injuries.

In some cases, if the defendant’s conduct went beyond mere negligence and was recklessly indifferent to your safety, then punitive damages may also be available as well. An experienced catastrophic injury lawyer can help you to get the money you deserve.