While most injuries heal with time, others may have lasting and profound consequences on the victim’s life. A catastrophic injury lawyer can help obtain a fair settlement to ease the aftermath of a serious accident.
What Makes an Injury a Catastrophic Injury?
A catastrophic injury is characterized by its immediate and lasting effects on a person’s life. Compared to temporary or less severe injuries, catastrophic injuries result in significant and enduring physical damage that permanently impairs the victim’s ability to lead a normal life. Often necessitating more than immediate medical treatment, these injuries may involve long-term or permanent disability, ongoing medical care, income loss, and emotional distress and suffering.
Different Types of Catastrophic Injuries
Catastrophic injuries are those that cause long-term disability or significant impact on quality of life. Common types include:
- Spinal cord damage and paralysis
- Traumatic brain injuries
- Severe burns
- Loss of hearing or sight
- Amputation
- Neurological disorders
- Occupational illnesses
- Organ damage or internal injuries
- Facial trauma or disfigurement
- Amputation or loss of limb
Common Causes of Catastrophic Injuries
While uncommon, catastrophic injuries affect thousands of people each year. Common causes of catastrophic injuries include:
- Vehicular accidents: Collisions involving cars, motorcycles, trucks, bicycles, and pedestrians are the top contributors to catastrophic injuries.
- Workplace accidents: Construction, manufacturing, and other industries are more prone to catastrophic injuries than others.
- Sports injuries: High-contact sports or those with innate danger are at an increased risk of catastrophic injuries.
- Medical malpractice: Negligent medical care can lead to life-altering injuries.
- Product defects: Defective products or those with insufficient warnings may cause serious harm.
Who Can Be Held Liable for Catastrophic Injuries?
Determining the at-fault party is among the first steps in claiming compensation for personal damages. Establishing liability involves collecting evidence, such as police reports, medical records, or photo documentation, as well as interviewing accident witnesses or consulting with relevant experts. Sometimes, investigations may demonstrate multiple liable parties. In any case, plaintiffs must demonstrate that the defendant failed to exercise reasonable care by proving duty of care, breach of duty, causation, and damages.
Potentially liable parties include:
- Employers: Employers are responsible for maintaining safe working conditions for employees, such as by providing adequate training and personal protective equipment.
- Government entities: Government bodies may be liable for injuries in public spaces determined unsafe.
- Supply chain parties: Manufacturers, distributors, and retailers may be responsible for designing or selling dangerous or defective products to consumers.
- Health care providers: Medical facilities, physicians, nurses, pharmacists, pharmaceutical companies, and other parties may be liable for patient injuries.
- Drivers: Determining liability depends on which party was negligent, such as for distracted driving, failing to obey traffic signals or driving under the influence.
- Property owners: Property owners have a duty to maintain safe premises for visitors or provide adequate warning, making them potentially liable in cases of visitor slips and falls due to wet floors, damaged structures, or other unsafe conditions.
What Compensation Can You Receive for a Catastrophic Injury?
Catastrophic injuries often necessitate substantial compensation to address both economic and noneconomic damages. Given the profound nature of catastrophic injuries, noneconomic damages often outweigh economic losses. Common types of losses include:
- Medical expenses for immediate and ongoing medical treatment costs
- Lost wages due to inability to work or reduced future earning potential
- Physical pain, emotional distress, or mental anguish
- Diminished quality of life
- Permanent disability or disfigurement
- Loss of consortium, which means damages suffered by a spouse or family member of the person who has been injured or killed as a result of an accident.
How a Personal Injury Lawyer Can Help
Navigating the complex process of personal and catastrophic injury claims requires legal expertise and knowledge. A personal injury lawyer can help you earn a fair settlement by assessing the merits of your case, gathering evidence, negotiating with insurance companies, and representing you in court if necessary. For expert guidance on your case, contact our team at BD&J today.
