Catastrophic injuries can have a devastating impact on the life of the victim. Besides, immediate family members also suffer due to the financial hardship. Catastrophic physical injuries lead to significant economic losses due to loss of wages. The ensuing medical treatment and care costs also increase the financial burden.
In this blog post, you will learn what exactly classifies as catastrophic injuries. You will also learn about the legal remedies to get compensation from the guilty party.
Catastrophic Injuries: An Overview
Catastrophic injuries are those that result in a temporary or permanent disability. The injuries prevent the victim from earning a livelihood. The long-term treatment and medical costs creates increased financial burden.
Legal experts group catastrophic injuries into three main types. These include physical injuries, cognitive injuries, and spinal cord injuries.
Physical injuries result in damage to the tissue or orthopedic functions. Examples of physical injuries include burn injuries, organ damage, and fracture.
Cognitive injuries are the most serious type of catastrophic injuries. The injuries result in significant economic costs to the victim. Cognitive injuries often result in brain damage. Victims with cognitive injuries can experience memory loss, speech impairment, and physical disability. The problems can create problems in carrying out daily activities.
Spinal cord injuries
Spinal cord injuries can result in permanent mobility issues for the victim. The injury can occur due to compression, dislocation, or fracture of the vertebrae. This type of catastrophic injury results in loss of physical sensation. Also, the injury may result in loss of autonomic and muscle functions.
Causes of Catastrophic Injuries
Catastrophic injuries can occur due to any incident that results in physical trauma. Some of the common causes of serious injuries include the following:
- Motor accidents, including car accidents, motorcycle accidents, and truck accidents
- Construction accidents
- Swimming pool accidents
- Medical malpractice
- Defective products
- Dog bites
- Slip and falls
Catastrophic injuries have a negative impact on the quality of life of the victims. In most cases, the victims become disabled and unable to perform daily tasks. Due to the catastrophic injuries, the victims cannot perform daily tasks. The victims may also suffer from depression, anxiety, and other psychological issues.
Close family members also suffer due to the victim becoming disabled in an accident. They may experience grave financial problems due to the injuries. Taking care of the victim may force the victim’s partner to quit a job. The partner may have to devote full time for round-the-clock care of the victim. In case the partner hires a caretaker, the costs tend to be exorbitant for the family.
California Law and Catastrophic Injury
California law allows victims of a catastrophic injury to sue the at-fault party. The victim can fill a personal injury to get compensation for the losses. The victim can claim the following losses by filing a personal injury case.
- Economic losses include lost wages, attorney fees, and medical bills.
- Non-economic losses include psychological and physical pain.
The compensation amount will help ease the financial burden for the victim. In California, pure comparative negligence law applies for personal injury cases. As per the law, the victim will be able to receive compensation based on the contribution to the fault. So, if the victim is 20 percent responsible for an accident, he or she could recover 70 percent of the total damages.
Catastrophic injuries often lead to personal injury claims. Personal injury cases due to catastrophic injuries have three key characteristics explained below.
Catastrophic injuries have long term effects. Injuries like spinal cord injuries and brain injuries usually result in a disability. The injured victim may have to undergo surgeries. The victim may also have to modify accommodation due to disability. The injuries generally have long lasting consequences resulting in increased financial burden.
The ongoing nature of the injury requires an assessment of future medical costs. The assessment of the case needs to be thorough. This is important to ensure that the victim gets compensation to pay medical bills.
Another important characteristic of catastrophic injury cases is that they involve large payouts. Personal injury payouts tend to be in hundreds of thousands. Sometimes the cases result in millions of dollars in payout. The claims include both present and future economic and non-economic damages. In some cases, the court also orders the defendant to pay punitive damages to the victim.
Difficult to Prove Guilt
Corporations and insurance companies generally defend personal injury cases more with all means. This is because large amounts are at stake in personal injury cases.
You have little chances of a successful outcome if fighting the case on your own. That’s why it’s important that you hire the services of a personal injury attorney. An experienced attorney will help you achieve a favorable court outcome.
Contact Bernard & Bernard Attorneys, Personal Injury Lawyers for Catastrophic Injuries in LA
Selecting an experienced personal injury attorney is important. Hiring an attorney will improve the odds of a favorable outcome of a personal injury case. Due to the burden of proof, high costs, and large value of the claim, the services of an attorney is essential. The lawyer will gather all the evidence that can help in proving the guilt of the at-fault party. This can help in getting a suitable compensation for the losses suffered due to the injuries. The compensation amount will cover medical bills and lost wages. Moreover, it will compensate the victim for anguish and pain due to the injuries.
Our catastrophic injury attorneys will assess the financial impact of the injuries. The attorney will take into account both the present and future losses. Also, our attorneys will guide you in fulfilling court formalities to file the case in the court. In short, our expert lawyers can help increase the chances of a favorable outcome of a personal injury case.