Getting involved in an accident due to another party’s negligence can be devastating, especially when it causes catastrophic injuries. A serious injury like a traumatic brain injury (TBI), spine injury, or amputation can cause long-term or even permanent disabilities, often requiring a significant amount of medical care and other assistance. Here are some of the most frequently asked questions about calculating damages after a catastrophic injury.
How Are Damages Calculated in a Catastrophic Injury Case?
A personal injury lawsuit seeks to compensate an injury victim for all damages after an accident. The main difference between a personal injury and a catastrophic injury case is the accident’s severity. For example, minor broken bones after a car accident require immediate medical attention and may disrupt the victim’s ability to work for a few days or weeks. However, most minor broken bone victims can expect to make a full recovery, making the long-term impacts of the car accident minimal. In this case, calculating the damages is as simple as adding up all medical bills and expenses and lost wages from missed days at work.
Catastrophic injuries, however, are much more complicated. A severe injury can cause permanent disabilities such as blindness or paralysis, which makes calculating fair damages much more difficult. The injury victim is entitled to pursue both current and anticipated future losses. Experts in various fields, including medical professionals, economists, and life care planners, can help provide detailed forecasts of the injured party’s long-term needs.
What Kinds of Damages Are Available in a Catastrophic Injury Case?
There are three types of damages available in a catastrophic injury case: economic, non-economic, and punitive.
Economic Damages
These damages cover tangible losses such as medical expenses, future medical care, lost earnings, and loss of future earning capacity. For catastrophic injuries, these typically include the cost of caretakers, home modifications, rehabilitation, and other out-of-pocket expenses.
Non-Economic Damages
Non-economic damages compensate the injury victim for intangible losses, including the pain and suffering experienced from the injury. Catastrophic injuries tend to be excruciating, so victims can often recover sizeable amounts for non-economic damages. Some common types of non-economic damages available to catastrophic injury victims are:
- Pain and suffering
- Emotional anguish
- Loss of enjoyment of life
- Humiliation
- Permanent impairments
- Disfigurement and scarring
- Anxiety and depression
Punitive Damages
In extreme cases, catastrophic injury victims may be awarded punitive damages. This only happens when the court punishes the negligent party for engaging in egregious behavior resulting in the injuries. The intent is to set an example that discourages others from committing similar acts.
How Does Negligence Affect Damages in a Catastrophic Injury Case?
Negligence is critical in determining liability and the extent of damages recoverable in a catastrophic injury case. Depending on the state, the injured party’s ability to recover damages may be limited depending on their share of responsibility for the accident. States generally follow one of these two main types of negligence laws:
- Pure comparative negligence: Injury victims may recover compensation for their accident if another party is at least one percent responsible for it. The injured party’s ability to recover compensation, however, will be proportional to the share of responsibility of the other party or parties. For example, if an injury victim is found to be 20% at fault for an accident, then they may only recover up to 80% of the damages.
- Modified comparative negligence: Injury victims must be responsible for half or less than half of the blame for an accident to pursue compensation, depending on the state. In other words, an injury victim who suffered from catastrophic injuries would be unable to pursue any compensation if they are found to be 51% or more responsible for the accident.
Louisiana follows pure comparative negligence, while Texas follows modified comparative negligence.
Are Future Damages Accounted for in a Catastrophic Injury Case?
Yes, future damages are a critical component of compensation in catastrophic injury cases due to the long-term or permanent nature of the injuries involved. Future damages account for:
- Ongoing medical treatment
- Future surgeries
- Long-term care costs
- Future lost wages
- Diminished earning capacity
What Are the Challenges in Proving and Quantifying Damages in a Catastrophic Injury Case?
One of the primary challenges for proving and quantifying damages in a catastrophic injury case is accurately forecasting the injured party’s future medical needs and life care requirements. This typically requires expert testimony to accurately project the lifelong impact of the injury. For example, a medical professional may provide insight into the extent of future treatments, rehabilitative care, and any necessary modifications to the victim’s home, while an economist may be able to estimate the economic impact of lost wages and diminished earning capacity.
Another challenge lies in accurately estimating the non-economic damages of the accident, such as pain and suffering. By definition, these are intangible damages that are inherently subjective and require a nuanced approach to convincingly argue for fair compensation. Evidence such as a mental health diagnosis, an injury journal, and testimony from friends and family can help prove these losses.
How Can an Injured Victim Maximize Their Chances of Recovering Damages After a Catastrophic Injury?
To maximize their chances of recovering fair compensation after a catastrophic injury, the injured party must:
- Seek immediate and ongoing medical care: Getting immediate medical attention allows the victim to recover from the injuries and document all required treatment.
- Consult with a specialized attorney: An attorney with experience handling complex catastrophic injury cases will help the victim pursue compensation for all current and anticipated future damages from the injuries.
- Gather comprehensive evidence: Compiling evidence related to the accident and injuries, including police reports and medical records, will help the victim prove that the negligent party was responsible for their injuries.
- Enlist expert witnesses: Expert testimony can help support claims regarding the extent of injuries, future care needs, and the impact on earning capacity.
- Avoid early settlement offers: Especially in catastrophic injury cases, it is crucial to avoid accepting an early settlement offer from insurance companies, which may not fully account for the long-term impact of the injuries.
