Accidents result in varying degrees of injury. While some injuries may have little to no long-term effects, others may result in a lifetime of permanent physical limitations. An injury that is so severe that it changes a person’s life and requires surgeries and other medical attention is referred to as a catastrophic injury.
If you or a loved one have suffered a catastrophic injury, you may be entitled to compensation. Speaking with an experienced personal injury attorney early in the process can help ensure that you receive precisely what you are entitled to under the law. As with most personal injury cases, the specific circumstances of a particular accident, and the resulting injury, will significantly impact the outcome of a case.
What is a “Catastrophic” injury?
In California, what is considered a catastrophic injury will be determined by the facts. The focus will be whether the injury is significant or permanent, affecting a person’s ability to see, hear, speak, walk, and even think. The term “catastrophic injury” is defined by several state and federal laws. Under federal law (42 U.S.C. § 3796b), it means “an injury, which permanently prevents an individual from performing any gainful work.”
Within California’s workers’ compensation laws, a “catastrophic injury” includes loss of limb, paralysis, severe burn or severe head injury.”
In a personal injury case, the courts will look to several factors. For example, was extensive or lifelong medical treatment needed? For instance, suppose a victim of an accident was hospitalized for shortness of breath, nausea, and vomiting. But they were released within two weeks. In that case, the treatment needed for the injury may not rise to the level of being catastrophic. Yet, if the same person returned to the hospital for a couple months, suffering renal and respiratory failure, and eventually was unable to work, then that would rise to the level of a catastrophic injury.
Some examples of catastrophic injuries include:
- Traumatic brain injury
- Spinal cord injuries, including paralysis
- Burn injuries
- Eye injuries leading to loss of vision
- Ear injuries leading to loss of hearing
- Amputations
- Permanent scarring or disfigurement
- Organ damage leading to system failure
- Permanent vegetative states
Catastrophic Injuries and Liability
California allows for more than one party to be responsible for damages in a catastrophic injury case. Many factors may uncover additional liable parties. Did the injury occur at work? While driving? All these factors will contribute to responsibility. There may be one apparent responsible party, but lesser obvious ones like an employer, parent company or insurer, can also be held liable.
Even if you believe that you also contributed to your catastrophic injury, you still may be entitled to compensation. It will, of course, depend on the specific circumstances of your case. However, an experienced California injury attorney can help you determine fault in a catastrophic injury. Having a strong advocate on your behalf that will investigate the particular injury can discover other liable parties. For example, some other parties can include a negligent person’s employer, or a manufacturer, distributor, or seller of a defective product, or the property owner or manager of where an injury took place.
Compensation
Suffering a catastrophic injury can is most likely a life-alternating experience. Due to the nature of the injury – a permanent or injury affecting a person’s ability to see, hear, or walk – there is no way to return the person whole. However, when another party was negligent and contributed to that injury, a victim may be entitled to monetary compensation.
The law allows an injured victim to receive:
- Medical bills, including any future medical expenses
- Lost wages
- Pain and suffering
- Disfigurement
- Psychological therapy
- Physical or occupational therapy
- Punitive damages.
How can a lawyer help?
California allows an injured party up to two years from the date of the accident to file a claim against the responsible parties. To the extent possible, it would be good practice to document all doctor’s visits and other care received. Securing a reputable attorney early on can assist in building a strong case with the proper documentation.
Our personal injury lawyers have a built a reputation in successfully fighting catastrophic injury cases. If you or a loved one were injured, please contact us to discuss the particulars of your case. We offer free consultations at SANFORD A. KASSEL, A Professional Law Corporation, or call us today at 909.884.6451.
