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  • Writer's pictureRobert Schuerger II

Catastrophic Injury: Legal Definition and How to Pursue Compensation

Personal injury accidents can have devastating consequences. When someone else's negligence causes a person to experience life-changing injuries, they may be liable for compensation. Understanding what a catastrophic injury is and the options for seeking restitution is critical for those who find themselves the victims of such events.


This article will provide a comprehensive overview of what these injuries are and offer guidelines on how sufferers can pursue compensation with the help of a reliable personal injury attorney.


Catastrophic Injury: Legal Definition

Catastrophic Injury: Legal Definition


Catastrophic injuries are serious and often result in permanent or long-term disability, limiting the victim's capacity to carry out everyday tasks or earn a living. They typically affect major parts of the body, like the brain and spinal cord, which results in the need for intensive treatment, rehabilitation, and continuous care.


Here are a few typical examples of catastrophic injuries: 


  • Traumatic brain injuries (TBIs) 

  • Severe burns 

  • Limb loss 

  • Spinal cord injuries and paralysis


The repercussions of such impairments can be devastating for both the sufferer and their family, who often become caregivers or experience financial difficulties as a result of the overwhelming medical expenditures and lost wages.


It's important to remember that catastrophic injuries are not always permanent, but they may take many years to heal, requiring extensive medical care and rehabilitation.


There are a number of reasons why such injuries may occur. Motor vehicle accidents, workplace accidents, medical malpractice, and more are common reasons for catastrophic injuries.


Types of Catastrophic Injuries


Catastrophic injuries include a wide spectrum of serious and debilitating conditions that can have serious and long-term consequences for an individual's bodily and mental well-being. There are various types, but the section below will discuss some of the most common.


Traumatic Brain Injuries (TBIs)

TBIs are a prevalent form of catastrophic injury that can happen because of a blow to the head or intense shaking, as is common in car accidents. This results in cognitive problems, memory loss, and behavioral disorders.


Spinal Cord Injuries

Spinal cord injuries are frequently brought on by trauma. They are common in motor vehicle accidents and falls and can result in complete or partial paralysis, loss of feeling, and decreased body functions below the point of the damage.


Burns

Severe burns can cause significant destruction of the skin and underlying tissues, leading to pain, defects, and a greater chance of infection.


Loss of Limbs

Whether due to abrupt amputation or serious damage to a limb, this type of catastrophic injury can have a profound impact on mobility and autonomy.


Birth Injuries

Birth injuries can also be classified as catastrophic injuries, depending on the nature and extent of the damage done. Cerebral palsy, Erb's palsy, hypoxic-ischemic encephalopathy (HIE), and brachial plexus injuries can all have serious and lasting impacts on a child's life. If caused by medical negligence, a catastrophic injury lawsuit can be filed against the negligent party.


Other Catastrophic Injuries

Furthermore, catastrophic injuries can include multiple fractures, organ damage, internal organ damage, and other severe injuries that require substantial medical attention and rehabilitation.


Pursuing a Catastrophic Injury Settlement

Pursuing a Catastrophic Injury Settlement


When catastrophic injuries result from another party's negligence or wrongful acts, the person who was injured may be able to seek recompense through a personal injury claim. However, pursuing compensation for catastrophic injuries involves traversing complex legal systems and often requires the assistance of competent personal injury attorneys. They can also answer question such as what if my personal injury was partially my fault Indiana?


Determining Liability for Catastrophic Injuries

If the catastrophic injury was caused by a deliberate act, carelessness, or a product that was defective, there might be grounds for a personal injury claim.


When evaluating who is to blame for a victim's catastrophic injury, it is critical to consider the unique facts surrounding their case. It is possible that more than one company or individual contributed to the accident. Moreover, depending on the situation, the guilty party could be:


  • A healthcare practitioner, hospital, or other medical worker,

  • The owner of the car that caused the accident,

  • An employer, or

  • The producer of a defective drug or product.


Because every case is different, it is critical that victims hire experienced personal injury lawyers in Indianapolis who has worked with catastrophic injuries before to help them identify who can be held liable for their damages.


Understanding Damages in Catastrophic Injury Cases

The truth is that a severe injury can result in both economic (monetary) and non-economic (non-monetary) damages. Schuerger Shunnarah Trial Attorneys can also help with questions like what is a Contrecoup Injury?


Economic damages typically include the cost of treating the sustained injuries, as well as lost wages, property damage, and more. It is often much easier to calculate these losses as they are financial in nature.


Non-economic damages, on the other hand, go beyond monetary losses. They cover the pain and suffering the victim faces as a result of their physical injury, along with mental anguish, emotional trauma, and more.


Because catastrophic injuries often involve long-term suffering, it is important for victims to enlist the help of an experienced personal injury attorney to help calculate past and future losses.


Reaching a Settlement

Once liability and losses have been determined, the next stage is to negotiate with the guilty party's insurance provider or legal counsel. This process entails presenting facts, conducting discussions, and reaching an agreement that ensures that the victim is covered for their financial losses. However, insurance companies may try to reduce payouts, highlighting the significance of skillful negotiation.


Taking the Case to Court

Unlike minor injuries, catastrophic injuries often entail larger settlement amounts, so reaching an agreement during negotiations is not always possible. When this happens, a lawyer will present the facts and evidence before a judge or jury in court, who will then decide the fate of the case.


While litigation can be laborious and emotionally demanding, it may be required to obtain adequate compensation, particularly in complicated catastrophic injury claims.


The Bottom Line

Catastrophic injuries can be life-changing. They are often physically, emotionally, and mentally draining for both the sufferer and their family members. By holding the at-fault party liable for their damages, victims can begin the healing process and ensure that they receive much-needed medical treatment.


Schuerger Shunnarah Trial Attorneys are ready to go to war for those who have suffered because of the negligence or wrongdoing of another and will stop at nothing to ensure that they receive fair compensation.


Victims can get in touch with the law firm to schedule a FREE case evaluation.

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