The term “catastrophic” can have a chilling effect when used in the context of an injury or accident. But what exactly are catastrophic injuries? With regard to personal injury claims, injuries that result in significant, long-term changes to one’s lifestyle are often categorized as catastrophic.
Some entities, such as the Federal government, define a catastrophic injury as preventing a person from ever working (earning a living) again. States have varying definitions; for example, in Indiana, a catastrophic injury significantly impairs a person’s ability to live independently for at least one year. Almost always, though, catastrophic injuries are those that require help to perform everyday tasks like getting dressed, cooking, driving, etc., affect a person’s ability to work, and result in long-term or permanent disability.
Learn more about our Sacramento Catastrophic Injury Attorney Services.
Indiana, by contrast, defines an injury as “catastrophic” if it significantly impairs your ability to live independently for at least a year. Most definitions of catastrophic injury focus on long-term disability, loss of your ability to work, and the extent to which you require assistance to perform basic life tasks.
Examples of Catastrophic Injuries
Countless injuries anywhere on the human body could be catastrophic, depending on the severity level. Still, some of the more common injuries often seen in personal injury cases involve the following:
- Amputation or loss of limb
- Brain injuries
- Disfigurement
- Loss of vision or hearing
- Severe damage to nerves, ligaments, or joints
- Paralysis (neck and back injuries)
Personal Injury Claims Involving Catastrophic Injuries
Key differences in personal injury cases involving non-catastrophic injuries vs. catastrophic injuries are outlined below.
- Severity: The full recovery normally expected in a non-catastrophic personal injury claim is missing in catastrophic injury cases. Instead, permanent or long-term disability or life-altering impairment is typical.
- Compensation: Non-catastrophic injury claimants are typically compensated for current medical bills, lost wages, and other short-term or temporary impacts. Catastrophic injury compensation almost always includes the cost of lifetime care, future earnings, and modifications to a person’s home (or residential facility).
- Evidence: Non-catastrophic injury claims might include evidence like medical records, work-absence documentation, accident reports, and eyewitness statements. Catastrophic injury claims and lawsuits go beyond those elements and often require expert testimony by medical professionals, including specialists, surgeons, and care provider experts.
- Damages: Non-catastrophic injury claims usually pursue economic and a limited amount of non-economic damages, such as pain and suffering. Catastrophic injuries typically result in higher economic damages, extensive non-economic damages, and punitive damages in some cases.
- Legal strategy: Instead of strategies being limited to immediate expenses and the victim’s recovery period, catastrophic injury cases require more complex legal strategies that consider long-term finances and the impact on the victim’s family, especially minor children and spouses.
Hypothetical Case Study: Car Accident Injury
Case 1: Non-Catastrophic Injury (Broken femur, no surgery, no complications)
- Recovery: Limited hospital stay and six months of physical therapy.
- Impact: Out of work for eight months.
- Claim Components:
- Medical bills
- Lost wages
- Pain/suffering during recovery
Case 2: Catastrophic Injury (T-6 spinal cord injury with paralysis)
- Recovery: Extensive hospital and rehabilitation facility stay (six months) followed by permanent, ongoing medical care due to respiratory and other complications.
- Impact: Permanently unable to walk, loss of career and lifestyle, limited movement without assistance, including bathing and feeding.
- Claim Components:
- Initial medical bills
- Future medical care (e.g., wheelchairs, home modifications, periodic nursing facility stays)
- Lost future earnings
- Pain/suffering, loss of enjoyment of life
As you can see, the tragic, sudden, and life-altering nature of catastrophic injuries puts them in an entirely different category when it comes to the importance of sound, experienced, and aggressive legal representation.
Get Legal Help Today from a Catastrophic Injury Attorney
If you or a loved one has experienced a catastrophic injury due to someone else’s negligence, you should seek out a skilled attorney to pursue maximum compensation. We provide a free consultation at which you can get all of your questions answered and your options explained.
Call us at (916) 438-1819 for the information you need to move forward with clarity and understanding.
If we do represent you, you will not receive a bill until you win a settlement. There are no fees if you don’t. This contingency-based fee structure means you do not have to go through this without legal assistance from experts in catastrophic injury cases.