Catastrophic injuries cause permanent or temporary disfigurements, brain injury, disabilities, and loss of cognition. For instance, one may suffer traumatic brain and spinal cord injuries, nerve damage, and severe fractures. You will need to file a catastrophic personal injury lawsuit in such cases.
Catastrophic injuries are compensated differently than other injuries. It is essential to determine whether your injuries are catastrophic or not because this can make a significant difference in your claim processing.
Here’s an attorney’s guide to catastrophic personal injury lawsuits to help you know if yours qualifies.
Contents
What is considered a catastrophic injury?
Catastrophic personal injury covers any injury that permanently affects someone’s life, like loss of physical or mental ability. In such cases, the victim requires ongoing care, and it may be necessary to get expensive medical devices. The healing process is complicated and demanding, but with the help of a catastrophic personal injury attorney, you can get the rightful compensation to help you move on with your life.
In most cases, a jury and the judge are left to determine whether an injury is catastrophic. They will comprehensively assess your injuries to consider their potential for recovery and then decide. If it is clear that you may never recover or have received a permanent disability, your injuries are considered catastrophic.
Such injuries are paralysis, severe burns, loss of limb, and neck and back injuries. Concussions are considered catastrophic if they cause chronic traumatic encephalopathy, a condition that causes your mood to change, makes you feel suicidal or causes death. So, if you get a concussion, visit a doctor immediately for treatment and advice on ongoing treatment.
Compensation for Catastrophic Injuries
Once the court finds your injuries catastrophic, you can expect any of these damages depending on the specific details of your case.
General damages
This type is also called noneconomic damages because they are not easily quantifiable. They cover suffering, pain, inability to enjoy life, mental distress, and others.
Special damages
This type is also called economic damages because they are quantifiable. They cover lost wages for the past and future, medical costs, assistive devices costs, and the cost of therapy. They can be measured in monetary costs, and you receive an amount that matches the damages.
Exemplary damages
This type is also called punitive damages and is awarded in worse cases where it was proved that the defendant intentionally harmed the victim or showed gross negligence. Instead of compensating the victim, these damages are awarded to dissuade the defendant from repeating the behavior. For instance, if the defendant was drunk at the time of the accident, they may have to pay punitive damages if the accident causes catastrophic injuries.
Conclusion
Catastrophic personal injury causes victims immense suffering and pain alongside a huge monetary obligation for treatment and medical bills. The victim loses their ability to work and may not provide for their family as before. This pain can be too much for a victim to bear. However, a professional catastrophic personal injury attorney can help you get compensation. It is essential to get help before the statute limitations on filing a claim happen.