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An Overview of Catastrophic Injuries and Claims

Feb 05, 2021

Wheelchair — Central Valley, NY — Schonberg Law Offices

The meaning of catastrophic injury differs, depending on whether you are in the legal industry or not. You should understand the legal meaning if your lawyer has termed your injury as catastrophic. Below is the significance of the term in personal injury law.

Meaning of Catastrophic Injuries

A catastrophic injury has direct consequences that permanently prevent you from engaging in gainful work. Catastrophic injuries commonly:

Involve physical harm to the brain
Physically harm the spinal cord
Cause severe impact on your abilities — the impact that can be short term or long term
Often (but not always) cause a deformity that can be physical or mental

A catastrophic injury can have more than one of the features above.

Examples and Causes of Catastrophic Injuries

Catastrophic injuries affect various parts of the body. Examples include:
Loss of the major senses, such as loss of sight or hearing
Amputation
Severe spinal cord injury, for example, which causes paralysis
Severe head injuries, such as injuries that lead to permanent brain damage

Accidents that involve severe physical impact on the body are common causes of catastrophic injuries. Common examples include:

Auto accidents
Slip and fall accidents
Swimming pool accidents
Construction accidents

These are just a few examples — any accident that affects a critical part of the body can lead to a catastrophic injury.

Possibility of High Damages

Catastrophic injury claims often trigger high settlements. Below are some common reasons for those high awards.

Expensive Treatment

Severe injuries attract serious treatment. You can't usually deal with the injuries by taking a few drugs and getting bed rest In most cases. Many catastrophic injuries even require surgery, which is one of the most invasive and expensive treatment forms. A spinal cord injury, for example, might require surgery to fix a broken spinal bone.

Lengthy Recovery Period

Catastrophic injuries often require lengthy treatment, and treatment duration affects almost all forms of damages. For example, the longer your treatment takes, the longer you might be away from work. Lengthy absences from work increase your lost wages claims.

Ongoing or Lifelong Care

Some catastrophic injuries have lifelong effects. For example, a catastrophic injury might result in permanent paralysis or loss of limb. In such cases, the accident victim might require care and assistance for the rest of their life.

Severe Pain and Suffering

Pain and suffering are common damages in most injury claims. The nature of catastrophic injuries means they trigger significant pain and suffering. Note that pain and suffering damages include both physical and mental pain.

Effect on Loved Ones

Catastrophic injuries don't just affect accident victims — they also often affect the victims' families. For example, as a catastrophic injury victim:

Your spouse might not enjoy your companionship as they usually do
Your children might lack your usual rides to school
Your children might not enjoy your regular games together
Your family might not get the advice and care they usually get from you

Your family members deserve compensation for these losses, which the law refers to as loss of consortium.

Process of Claims

Catastrophic injury claims tend to be more complex than other forms of injury claims. The high damages mean the stakes are high for both parties. Usually expect the defendant to put up a spirited defense. That means you may need expert witnesses, strong evidence, and an experienced lawyer to win the damages you deserve.

You can often expect the defense side to downplay your injuries and minimize your damages. You need strong evidence to prove your catastrophic injury claim and get the settlement you deserve. Schonberg Law Offices has the skills and experience your case needs. Contact us for a free initial consultation to determine the best way to proceed with your case.

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