November 03, 2023
What Determines a Catastrophic Injury?
Among the myriad potential injuries resulting from accidents, catastrophic injuries stand out as the most damaging and debilitating. These injuries can render victims permanently disabled, subjecting them to a lifelong journey of rehabilitation and recovery.
Figuring out the right steps to take after a serious accident that causes such an injury, as well as how to manage the financial burdens that may arise from missing work, can pose a challenge for individuals and their families. Questions about covering expenses and the possibility of seeking legal recourse for compensation require expert legal advice.
Keep reading to learn more about the legal process, and the importance of getting the best representation for your case.
What Is a Catastrophic Injury?
A catastrophic injury is a broad term often employed to depict an exceedingly grave injury causing substantial physical, emotional, and financial detriment to a person. These injuries can yield lasting disabilities or profoundly hinder a person's quality of life.
For instance, a 55-year-old construction worker in Georgia with a back injury, specialized skills, and an inability to resume strenuous labor after an accident is an example of a catastrophic injury.
How to Prove Your Injury is Catastrophic
For catastrophic injuries, the victim bears the responsibility of showing the seriousness and enduring effects. Here are key steps to prove an injury is catastrophic:
1. Gather Thorough Medical Documentation
One of the most important pieces of evidence in proving a catastrophic injury is thorough medical documentation. This includes medical reports, diagnostic tests, imaging results and expert opinions from healthcare professionals who specialize in the specific injury you have sustained.
2. Establish the Scope of Life-Altering Consequences
The victim also needs to demonstrate a permanent loss of bodily functions, a significant impairment in their ability to work or long-term physical and emotional suffering.
3. Show the Injury Was Sudden and Unexpected
It is important to establish that the injury occurred without warning and resulted from an accident or event that was beyond the victim’s control. This can be supported through witness testimonies, accident reports or surveillance footage.
4. Provide Evidence of Long-Term Effects
This may include ongoing medical treatments, therapy sessions, the need for assistive devices and future surgeries.
5. Work with Experienced Catastrophic Injury Attorneys
Navigating the process of proving a catastrophic injury can be complex and overwhelming. Therefore, it is highly advisable to work with experienced catastrophic injury attorneys who specialize in handling these types of cases.
What Determines a Catastrophic Injury?
When an injury occurs, compensation should address all sustained damages. In catastrophic cases, increased emotional pain, elevated medical costs and lifelong income reduction are experienced. Hence, substantial financial compensation is warranted to cover losses.
Short of getting a lawyer, it’s important to understand how a catastrophic injury is determined, as there is often a substantial sum of money at stake. A catastrophic injury in the context of a personal injury case may include:
Loss of Limb
When an individual has lost a body part, such as an arm, a leg or the significant function of a limb, it is considered a catastrophic injury. This type of injury causes significant functional limitations and often requires specialized medical care and rehabilitation and reduced quality of life.
Paralysis may be a catastrophic injury when it results in the complete or partial loss of movement and sensation in specific body parts, leading to significant and often irreversible physical impairment that profoundly affects an individual's quality of life and daily functioning.
Spinal Cord Injuries
When the injury involves significant damage or impairment to the spinal cord, resulting in loss of motor function or sensory abilities, it is usually considered catastrophic. Spinal cord injuries can lead to paralysis, loss of bodily functions and long-term medical and rehabilitation needs.
Severe Brain Injuries
Injuries that result in traumatic brain damage, leading to significant cognitive impairments, memory loss, or changes in behavior, can be classified as catastrophic. These injuries often require extensive medical treatment, rehabilitation and long-term care.
Severe burns resulting in significant damage to the skin and underlying tissues are considered catastrophic. These injuries, along with permanent scarring or disfigurement, can lead to substantial physical and psychological trauma. Those who suffer severe burns often require extended medical treatment, extensive surgeries and rehabilitation efforts.
Any Other Severe Injury
This category encompasses any life-changing injury that can lead to long-term complications, such as chronic pain, impaired mobility and the need for surgeries and ongoing medical care.
Types of Compensation for Catastrophic Injuries
Suffering a catastrophic injury can be a life-changing experience, causing extensive physical, emotional and financial pain for both the victim and their family. Some of the claims a person can pursue include:
Economic damages refer to the financial losses incurred as a direct result of the catastrophic injury. These include medical expenses, both current and future, rehabilitation costs, loss of income or wages and potential loss of future earning capacity.
Non-economic damages encompass the intangible losses associated with the catastrophic injury. These can include pain and suffering, mental anguish, loss of enjoyment of life, emotional distress and loss of consortium for the victim's spouse or family.
In certain cases where the responsible party's behavior is deemed reckless, intentional, or grossly negligent, punitive damages may be sought. Unlike economic or non-economic damages, punitive damages aim to punish the wrongdoer and deter similar misconduct by others. An example would be if the catastrophic injury was caused by the defendant's drunk driving or deliberate harm.
If you suffered a serious injury in an accident and need assistance with your case or legal matter, contact Oliver Maner. Our experienced team of attorneys and legal professionals has a long-standing track record of successful litigation. Call 912-236-3311 or contact us now to discuss your case.