When a person sustains an injury in an accident caused by someone else’s negligence, that person has a right to file a personal injury claim to collect fair and just compensation. However, in some cases, an injury can be so severe that it is considered catastrophic and treated differently under the eyes of the law. These cases tend to involve greater damages, which makes it even more crucial for the injured party to hire skilled legal representation to go against the at-fault party’s insurance company. Why are catastrophic injury cases different and what makes an injury catastrophic?
Defining Catastrophic Injuries
Although a universally accepted legal definition for a catastrophic injury does not exist, one of the most commonly used definitions for this type of injury states that a catastrophic injury involves permanent consequences for the victim that prevents the performance of gainful work. From a financial and an emotional standpoint, these types of injuries are incredibly devastating given that the victim loses a lifetime of wages, benefits, and the sense of purpose and wholeness that is often associated with meaningful work. In some cases, an injured victim has to learn new skills to seek a new job that can accommodate the limitations caused by the injury, which can be an expensive and heavy undertaking.
Common Catastrophic Injuries
Injuries that disrupt the body’s central nervous system or create lifelong consequences are generally considered catastrophic. The most common types of catastrophic injuries include:
- Traumatic brain injuries (TBI)
- Severe burns
- Amputation injuries
- Spinal cord injuries
- Multiple bone fractures or crushed bones
- Organ damage
- Loss of hearing or eyesight
While catastrophic injuries can occur in a variety of ways, some causes are more common than others, such as motor vehicle accidents and accidents involving large trucks. Other common accidents that lead to catastrophic injuries include:
- Construction accidents
- Swimming pool accidents or drowning
- Pharmacy errors
- Injuries caused by defective products
Damages Involved In Catastrophic Injuries
Due to the fact that victims of catastrophic injuries are unable to achieve a full recovery, these far-reaching implications tend to yield damages that are substantially higher than what one might see in a personal injury case. If you think millions of dollars is too much compensation for a catastrophic injury, keep in mind that victims tend to need ongoing medical care, rehabilitation, assistive devices, and even in-home medical care or assistance. The cost of this can quickly add up and the compensation one receives for such an injury is intended to cover these costs.
Moreover, because the damages are higher in such cases, insurance companies tend to push back hard to avoid having to pay such high damages. This is another reason why it is imperative to hire an experienced attorney who knows how to handle catastrophic injury cases. He or she must be prepared to negotiate or, if necessary, aggressively represent you in court.
Catastrophic Injury Attorney in Phoenix
If you suffered a catastrophic injury as a result of another party’s negligent actions, you need to hire an experienced attorney to represent you and ensure the responsible party is held accountable. At Rafi Law Group, our Phoenix catastrophic injury attorneys have the knowledge, skill, and insight to effectively fight on your behalf to ensure you receive the compensation you deserve and need during this difficult time.