Catastrophic injuries are just what they sound like – injuries that have catastrophic consequences on a person’s life. But if we want to get specific about it, knowing what does and does not qualify as a catastrophic injury will be important when looking for compensation.
Whether you’re looking for guidance to get fair compensation for a catastrophic injury or you just want to learn more about this topic, here you’ll find the answers to your questions.
What Are Catastrophic Injuries
Catastrophic injuries, as defined by 42 USC § 3796b, are severe injuries with direct consequences that permanently stop a person from performing any gainful work. These injuries are life-altering, leaving victims with permanent damage, whether it’s the loss of a limb, paralysis, severe brain damage, or other debilitating conditions. Such injuries have profound physical, emotional, and financial impacts, not only on the victim but also on their families. Plus, as the definition states, victims can’t perform work after the injury.
Types of Catastrophic Injuries
Not all life-altering injuries qualify as catastrophic. Here are the ones that do.
1. Physical Injuries
Amputation, one of the most visibly evident forms of physical injury, not only leads to a significant loss but also necessitates extensive rehabilitation and psychological support to adapt to the new reality.
Severe burns are also included in this category since they not only cause traumatic pain but often result in disfigurement. They usually require medical interventions as well as substantial emotional support.
Damage to orthopedic function or tissue also qualifies as catastrophic injury. From shattered bones to extensive tissue damage, these injuries often require multiple surgeries and prolonged periods of physical therapy. Depending on severity, they could mean that the person is unable to work for a long time.
2. Spinal Cord Injuries
Spinal cord injuries can lead to paralysis and a lifetime of dependence on others. These injuries cut the communication between the brain and the rest of the body. Victims often require specialized medical equipment, home modifications, and intensive therapy, all aimed at improving their quality of life. The emotional toll on both the victims and their families is immeasurable.
3. Cognitive Injuries
Cognitive catastrophic injuries, often arising from severe brain damage, strip individuals of their ability to work, speak coherently, or form new memories. In many cases, a victim may no longer be capable of living independently and may suffer a complete personality change. They may require extensive neuropsychological therapies, specialized care, and assistive technologies to regain a semblance of normalcy in their lives.
4. Sensory Loss
All senses are vital to a person’s interaction with the world. Losing sight or hearing will inevitably change a person’s life in many ways. Primarily, they will have to go through a long period of adjustment where they re-learn how to do everyday tasks. Hopefully, they may eventually be able to function in a work setting.
5. Organ Damage
All organs have a vital function in a person, so naturally, damaging one of your organs through an accident will have serious effects on your life. An injury to the heart, lungs, liver, or kidneys, when not lethal, disrupts the body’s fundamental functions and often requires a transplant. Plus, the psychological impact is also enormous, as with all catastrophic injuries.
6. Occupational Illnesses
Occupational illnesses, including conditions like mesothelioma resulting from exposure to toxic substances, are injuries specific to certain jobs. Prolonged exposure to hazardous materials in the workplace can lead to life-threatening diseases, leaving victims and their families grappling with the devastating consequences. Since these types of injuries are directly caused by bad business practices, there is a different legal process.
Common Causes of Catastrophic Injuries
Serious injuries can happen when a person least expects it. However certain situations involve a higher risk. Below are some of the common causes of this type of accident.
1. Motor Vehicle Accidents
Motor vehicle accidents stand as one of the leading causes of catastrophic injuries. In the United States alone, there were 5.4 million doctor-consulted injuries in 2021. Not all were catastrophic, but it indicates how common these accidents are. Car accidents, truck collisions, motorcycle crashes, bicycle accidents, and incidents involving pedestrians can result in life-altering injuries. High speeds, distracted driving, impaired driving, and reckless behavior amplify the risks. The force generated during these accidents often leads to severe physical trauma, ranging from spinal cord injuries to traumatic brain injuries and death.
2. Workplace Accidents
All kinds of employees, from construction workers to engineers, regularly interact with machinery and chemicals that might be dangerous. Industrial mishaps and construction site incidents can cause debilitating injuries due to heavy machinery, falls from heights, or exposure to hazardous materials. Inadequate safety measures, lack of training, or equipment malfunctions can amplify these risks, emphasizing the need for stringent adherence to safety regulations.
3. Sports Accidents
Sports, especially contact sports also have their fair share of accidents. Catastrophic injuries can result from sports accidents, extreme physical activities, or inadequate protective gear. Head injuries, spinal cord trauma, and fractures are common consequences.
4. Medical Malpractice
Trusted medical professionals can sometimes be the source of catastrophic injuries due to medical malpractice. Errors during surgeries, misdiagnoses, medication mistakes, or negligence during childbirth can lead to life-altering consequences.
5. Defective Products
A defective product, whether it’s a malfunctioning car part, a faulty medical device, or a hazardous household item, can cause catastrophic injuries.
Slip and fall accidents can happen at any moment. A missed step can trip you and result in an injury that leaves you incapacitated to work. This is a bigger risk for the elderly. Falls from heights, poorly maintained premises, or slippery surfaces can result in severe head injuries, fractures, or spinal cord damage. Proper infrastructure maintenance, clear warning signs, and public awareness campaigns can significantly reduce the incidence of these accidents.
7. Natural Disasters
Natural disasters, such as earthquakes, hurricanes, or fires, are other unpredictable events that frequently lead to catastrophic injury. Collapsed buildings, burns, and trauma during evacuations pose significant risks. Disaster preparedness, robust infrastructure, and community education are crucial in mitigating the impact of these events.
8. Assaults and Violence
Unfortunately, violence is also a very common cause of catastrophic injuries, from fights that get out of hand to criminal assault.
When someone suffers a catastrophic injury due to another party’s negligence or intentional act, they have the right to pursue compensation for their losses. Catastrophic injuries have huge repercussions on a person’s life, so the eligible damages can be very steep. Victims are entitled to compensation that covers:
- Medical Bills
- Lost Wages
- Pain and Suffering
- Loss of Quality of Life
- Punitive Damages
Legal Considerations for Catastrophic Injuries
1. No-Fault Accident Cases
Victims in jurisdictions with no-fault insurance systems have to pursue reimbursement from their own insurance companies, no matter who caused the accident. However, catastrophic injuries frequently go above the limit for no-fault claims, States with no-fault insurance systems will often allow you to file a lawsuit against the responsible party.
2. Statute of Limitations
The statute of limitations, which establishes a deadline by which plaintiffs must bring a case, is one of the crucial legal factors for catastrophic injuries. The time limit varies from two to four years after the damage depending on the state.
3. Determining Liability
Whether it’s a careless driver, a producer of a faulty product, a healthcare provider who committed malpractice, or an employer who neglected to maintain a safe workplace, it’s imperative to pinpoint the culpable party or parties and demonstrate their responsibility in the accident.
5. Long-Term Impact and Future Needs
Catastrophic injuries frequently come with a lifetime of difficulties and costs. So it’s important to count on an experienced lawyer who can come up with a fair estimate of the compensation you deserve. To determine the entire scope of the injuries, attorneys closely collaborate with medical specialists to estimate future medical expenses, ongoing therapy, required accommodations, and other crucial variables.
6. Legal Advocacy
A catastrophic injury will change a person’s life forever. Going through this change is difficult enough, so going through the legal procedures can be an extra challenge. This is why having a car accident lawyer or other attorney experienced in getting victim’s compensation for the type of accident you have suffered is an invaluable asset. These lawyers are experts at negotiating with insurance providers, ensuring that you obtain the full amount of compensation you are due. Plus they can help appear on your behalf in court if required, and offer crucial assistance throughout the legal process.
Get the Compensation You Deserve
Catastrophic injuries have a huge toll on a person’s physical and mental well-being. Fortunately, through a well-presented case, anyone affected can get coverage for all related expenses and more. A good attorney can get as much compensation as you deserve for current and future costs to help you get your life back on track with the best treatment and therapy. Morris & Dewett can be the help you need in these terrible times. Contact us today to get a consultation.
NCS Injury Facts. Overview.