Serious, Catastrophic Injuries
In most case scenarios when a person is in an accident caused by another person’s negligence, recklessness, or intent or is injured by a product, the injury suffered (if any) can be treated. Some may take time while others not as long. What’s true about these cases, however, is that the injured victim will recover fully or almost, in the least. There are times, however, when a person is injured so bad that there is no recovering from it––the injury may forever change your life and endure through time. These injuries are known as catastrophic injuries and can change the direction of a person’s personal injury claim or lawsuit.
If you or your loved one has suffered a catastrophic injury, you most likely have questions. We try to answer some of those questions here. If you still have questions or want to learn more about your unique case, then contact us. We will help you find the best catastrophic injury attorney in Los Angeles for your specific legal needs and preferences.
What Qualifies as a Catastrophic Injury in California?
California law does not specifically define what constitutes a catastrophic injury, but there are some indications. For one, Code of Civil Procedure § 4660.1 (c) (2) (B) states that a catastrophic injury includes but is not limited to loss of a limb, paralysis, severe burn, or severe head injury.
Typically, catastrophic injuries carry at least one of the following characteristics:
- Severe pain
- Incapacitation
- Terminal condition
- Serious impact in one or more areas of the body
- Long-term or permanent disability.
Types of injuries that exhibit these characteristics include:
- Paralysis
- Amputation
- Loss of use of a limb or organ
- Permanent or long-term impairment
- Disability (e.g., blindness or deafness)
- Disfigurement or severe scarring (including burns)
- Traumatic brain injury (TBI) or severe head injury
- Spinal cord injury
- Central nervous system injury
- Neurological disorder
- Multiple bone fractures
- Serious internal injuries.
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What Types of Accidents Can Lead to Catastrophic Injuries?
Any type of accident can lead to catastrophic injuries. For example, any of the below types can:
- Auto accidents
- Truck or other commercial vehicle accidents
- Bicycle or motorcycle accidents
- Pedestrian accidents
- Boating, train, or plane accidents
- Slip-and-fall or other accidents on unsafe property
- Defective product or faulty service
- Workplace accidents
- Nursing home accidents
- Dog bites or animal attacks.
How Does a Catastrophic Injury Change a Personal Injury Claim or Lawsuit?
Catastrophic injury claims or lawsuits are strikingly different from personal injury claims and lawsuits simply because catastrophic injuries are just that: catastrophic. These types of injuries are permanent, life-changing, and life-threatening. Catastrophic injuries mean your life will absolutely never be the same.
For example, you can be in a car accident and suffer a mild concussion and have therapy for a month and then be back to your “normal” self soon enough, but if you are in a car accident and suffer a severe traumatic brain injury (TBI), you may never think the same, behave the same, or simply be the same ever again. Plus, life expectancy after a serious TBI significantly decreases as compared with the general population––according to a study published in Neuroepidemiology in 2017. So, not only is your qualify of life significantly reduced, your life expectancy is, too. That, unfortunately, is the same for many catastrophic injuries.
This striking difference is taken into consideration during settlement negotiations or at trial. The costs of the injury span out over a person’s lifetime and may involve extensive and expensive rehabilitation and may require home modifications and other alterations to accommodate a new reality. These costs add up significantly over a lifetime as opposed to personal injury claims not involving a catastrophic injury.
- The value of economic damages will include a full spectrum of future anticipated costs for lost wages, loss of earning capacity, and medical expenses as well as other out-of-pocket expenses or day-to-day needs. In catastrophic injury cases, the expense of the injury is compounded by the financial debt a victim can accrue. The extent of these costs will be determined by but not limited to experts like medical professionals and actuaries.
- The value of non-economic damages will be dramatically impacted by catastrophic injuries because these damages are where the pain and harm are most real. In catastrophic injury cases, the burden of financial compounds pain and suffering. That’s not even including the fact that enjoyment of life is forever changed or that the activities you loved to do may never be performed again. The extent of these damages will be determined by but not limited to expert testimony and the testimony of friends, family, co-workers, colleagues, teammates, and others.
- Keep in mind, too, that some people think because an injury is catastrophic that punitive damages are automatically available. That’s not always the case. Punitive damages are awarded based on the defendant’s action not the severity of the injury. But if the defendant demonstrated malice, oppression, or fraud, the punitive damages may be awarded. At that time, the amount may be significant (more so than ordinarily) considering the catastrophic injury.
Retain a Strong, Compassionate Catastrophic Injury Attorney in Los Angeles Today
If you have suffered a catastrophic injury due to the fault of another person or organization, you are entitled to full and fair compensation. The right attorney can be fundamental to a successful catastrophic claim or lawsuit. Contact us today to find a strong, compassionate catastrophic attorney in Los Angeles.
