Injuries are relatively common consequences of car accidents, slip-and-fall incidents, and medical malpractice events. But when these incidents leave victims with severe, life-altering injuries, they fall into the “catastrophic” category.
Catastrophic injury claims often give rise to more damages than typical injury cases. They may also be more complex and require legal assistance to effectively navigate.
What Is a Catastrophic Injury?
Catastrophic injuries are generally defined as severe injuries that lead to long-term or permanent disability, significantly impacting a person’s ability to work, live independently, and carry out a normal life. Under the legal definition, catastrophic injuries prevent a person from performing gainful work.
When an injury caused by another person’s negligence prevents them from working a normal job, this can seriously impact their quality of life and lifestyle moving forward. They may seek to recover compensation for both the monetary and non-economic damages resulting from this injury.
Those who have experienced catastrophic injuries in a personal injury accident often benefit from having knowledgeable attorneys on their side through the compensation process.
The Difference Between Catastrophic Injuries vs. Other Injury Claims
Catastrophic injury claims represent a higher level of severity than the average injury claim.
The Types of Injuries
Catastrophic injuries are severe enough to significantly impact a person’s lifestyle and ability to work. Examples of catastrophic injuries may include:
- Traumatic brain injuries leading to cognitive, emotional, or physical disabilities
- Spinal cord injuries leading to partial or complete paralysis or significant mobility issues
- Amputation
- Severe burns
- Eye injuries leading to vision loss
Meanwhile, other injury claims may include injuries with shorter recovery periods, such as broken bones, bruises, and lacerations. These injuries typically resolve over time and may not significantly impact a person’s daily life.
The Duration of the Injury
An injury can be serious and require hospital stays and surgery, yet not be classified as “catastrophic” if it does not affect the person long-term. Catastrophic injuries seriously impact a person’s functioning for many years or the remainder of their life.
An accident may have left one with a severe fracture that required multiple surgeries to correct. However, after a few years of surgery and physical therapy, they regain almost complete range of motion and strength in that area.
Physicians can often reasonably predict how long a person’s recovery timeline might be from serious injuries. If your doctors have predicted that your injury will never fully heal, it may be considered catastrophic.
The Value of Damages
The value of damages in catastrophic injury claims is often higher than in other injury cases. These damages reflect the significant impact the accident had on the person’s life.
Economic damages that might be applicable in a catastrophic injury case include:
- Lost wages
- Loss of earning capacity
- Past and future medical bills
- Other medical expenses, such as home health assistance and the cost to make the living space more accessible
Injured parties in a catastrophic injury claim might also pursue non-economic damages, such as:
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Mental anguish
Those who experience catastrophic injuries are sometimes eligible for disability benefits, such as Social Security Disability Insurance (SSDI). Receiving SSDI typically does not affect eligibility for a personal injury settlement, but an attorney can provide further guidance.
Explore a Catastrophic Injury Claim With Experienced Attorneys
Catastrophic injuries can leave injured parties with significant personal and financial losses, and in need of lifelong medical care. Pursuing an insurance claim or lawsuit against the at-fault party may help the injured person recover some of these losses.
Ostroff Godshall Injury and Accident Lawyers represents catastrophic injury claims and other injury cases across Pennsylvania and New Jersey. Contact us today at 855-296-3413 for a free case review.
Frequently Asked Questions (FAQ):
Q: What defines a catastrophic injury?
A: Catastrophic injuries are severe injuries leading to long-term or permanent disability, preventing a person from performing gainful work.
Q: What types of injuries are considered catastrophic?
A: Examples include traumatic brain injuries, spinal cord injuries, amputation, severe burns, and eye injuries leading to vision loss.
Q: What damages can be recovered in a catastrophic injury claim?
A: Damages can include lost wages, loss of earning capacity, past and future medical bills, pain and suffering, emotional distress, and loss of quality of life.
