What Is Considered Catastrophic Injury In A Personal Injury Lawsuit?

In personal injury law, there is always the question of whether the relevant event can be considered to have led to a catastrophic injury. While inconsequential at first glance, the issue of what is viewed as a catastrophic injury affects how the claim is paid out and any damage caps imposed on the claim by the legal governing body.

Let’s take a look at what is catastrophic injury and what type of damages can plaintiffs with this affliction recover.

Definition of catastrophic injury

Legally speaking, catastrophic injuries are so extensive that they deserve a higher amount of compensation than what is expected in a standard personal injury case. While falling into the category of personal injury, due to their serious nature, they meet a strict threshold for higher damages.

This definition of catastrophic injury is especially important in states that operate on a no-fault insurance system. 

Medically speaking, when a court tries to define what is catastrophic injury, they’ll evaluate the following factors:

• Need for special accommodations or long-term accommodations
• Necessity of medical devices such as wheelchairs
• Necessity for home or vehicle modifications
• Permanent disability
• Severe deformation, scarring, or disfigurement
• Total loss of earning capacity

The reasoning behind providing a more substantial compensation to victims is relatively straightforward: the plaintiff will have to endure long-lasting consequences, and they’ll require more funding to compensate for extra medical help, loss of earning capacity or lost wages, as well as other issues. 

Examples of catastrophic injuries

Sometimes it’s easier to consider what doesn’t meet the mark as a catastrophic injury. For instance, someone who was involved in a slip-and-fall accident at the mall may have broken their arm, but it’s expected for a broken arm to heal well, leaving the victim with no long-term consequences. 

In contrast, some injuries are impossible to recover from. Here are some examples that perfectly illustrate what is catastrophic injury:

• Traumatic brain injuries
• Spinal damage that limits mobility
• Amputated body parts
• Vision loss stemming from eye injuries
• Injury-related loss of sexual function
• Facial scarring
• Injuries to body parts critical for the plaintiff’s occupation

This is by no means an exhaustive list, but helps paint a clear picture of the injuries that require extra compensation. 

Challenging factors in catastrophic workplace injuries

Cases that involve injuries detrimental to vocational matters are the most challenging. This is partly because there must be a clear relationship between the disability and work-related activities.

What do we mean by that?

The relationship has to exist and can’t be aspirational. Meaning, you can’t claim damages because your injuries prevent you from doing a hypothetical job you planned on working one day. 

You must prove that you’ve been recently employed in the line of work you’re claiming damages from. For example, if a programmer who lost functionality in their hands (limiting their ability to type has been employed as a programmer before the injury, they have solid grounds for recovering compensation that goes beyond the standard personal injury claim.

Type of damages available for victims of a catastrophic injury

In case you suffered a catastrophic injury, you’ll likely have to deal with long-term expenses for rehabilitation. You can sue the liable party to recover these damages, which your personal injury attorney will assist you with. 

For a catastrophic injury, you can recover the following types of damages:

1. Economic damages

These compensate you for all the monetary expenses you suffered due to the accident and your injuries. Since most people in this situation require surgery and extensive ongoing medical care, the majority of the damages will be related to medical costs. 

In addition, these damages will also include expenses you already incurred in conjunction with the ones you’ll likely incur in the future. 

With that said, here’s a list of economic damages in a personal injury lawsuit:

• Medical bills, expenses, and other costs associated with medical treatment
• Future medical costs, including the expenses related to rehabilitation and physical therapy
• Lost wages
• Loss of earning potential
  
  

2. Non-economic damages

Non-economic damages are not as straightforward as economic damages because they compensate plaintiffs for consequences and losses not associated with a clear dollar amount. For those who suffered disability and loss of amenities in life due to someone else’s negligence, the best course of action is to contact an experienced attorney who can calculate the exact amount of non-economic damages.

Most commonly, those who suffered catastrophic injuries can recover the following damages:

• Pain and suffering
• Mental anguish or emotional pain
• Shortened lifespan
• Loss of enjoyment and quality of life
• Loss of consortium

Why you should seek the full amount

By pursuing a basic personal injury case, you’ll limit the amount of money you can recover. While the damages in regular injury claims may be capped, due to their life-changing effects, catastrophic injuries are an exception to this rule and thus have no limits on damages. 

So, the main question on your mind if you suffered injuries that affected your life's trajectory should be how much money will you need to get by for the rest of your life. For the rest of the general public, hearing about a case settlement amounting to millions of dollars seems like a substantial payday. In most cases, they imagine the hurt individual having a blast with this money.

In reality, these individuals may have to pay for medical care daily for the rest of their lives. Considering the prices of healthcare services in the USA, the costs can add up very quickly. In these circumstances, a catastrophic injury settlement is only there to help the person cover their long-term medical expenses and restore at least some semblance of their pre-injury life. 

File a claim now

If you or a loved one suffered a catastrophic injury, you have rights. By hiring a personal injury attorney qualified in handling delicate catastrophic injury claims, you can recover appropriate compensation, substantial enough to address your full needs.

Attorneys at Law Offices of RITE have decades of experience fighting for the rights of clients who suffered serious injuries due to another party’s negligence. In addition to extensive legal expertise, we also bring a high level of compassion to the table, which is rare for established law firms. 

Call (904) 500-RITE (7483) or send us an email at info@rite4justice.com to schedule a free case evaluation, and file a claim now. 

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.