Different Types of Catastrophic Injury
In legal terms, a catastrophic injury is any type of injury that impacts the brain, neck, spine, or skull, all of which can happen in a variety of situations—many of which may be considered personal injuries, and give the victim the right to seek compensation from the responsible party. However, simply suffering a catastrophic injury does not mean that you are able to seek compensatory damages; instead, you will need to look at the factors that led up to the accident, who is responsible for the accident, and then determine who is liable for compensation.
The following information is intended to provide you with a general idea of what constitutes a catastrophic injury, the options that a victim has to seek compensation, and how an attorney like the team at the Pendergrass Law Firm can help you get the money that you deserve as soon as possible.
Contact The Pendergrass Law Firm For a Free Initial Consultation
The sooner you contact us to schedule your free initial consultation, the sooner we will be able to speak directly about your injuries, the accident or situation that caused them, and how we at The Pendergrass Law Firm can help you move forward towards justice and fair compensation. The legal process ahead is complicated and stressful, but by partnering with an experienced and proven law firm you can focus on your own personal needs with confidence that there is someone else fighting for your legal rights.
Read more below about catastrophic injuries, and contact us as soon as possible.
Calculating Damages After Suffering a Catastrophic Injury
These types of injuries require extensive research and modeling into the future in order to calculate the projected financial impacts, and therefore the amount of money that you are entitled to. When you are working directly with the insurance company, you can be certain that they will not be accounting for all of these long-term impacts, either, meaning that you need an advocate who can help you fight for what you actually deserve after an accident that someone else caused.
In these types of unique and serious situations, it is important that you are partnered with an attorney who can use their own experience, as well as the advice and input of other experts, that will be able to reach a comprehensive understanding of your injuries, the financial implications that these injuries will have on the rest of your (and your family’s) life, and more. Once these calculations are done, it is up to your attorney to negotiate with the insurance company for a favorable settlement or to file a lawsuit and build a case that is designed to get you the justice that you deserve.
These types of injuries are extremely complicated, and under no circumstances should you attempt to handle the claims process or lawsuit on your own. We will be able to discuss the benefits of a personal injury attorney during our initial consultation so that we can explore the unique factors of your injuries, strategize a long-term plan, and ultimately determine how we can best work together.
Frequently Asked Questions About Catastrophic Injuries
The following are just a few common questions that we will be happy to answer during your initial consultation and during the time that we work together moving forward. Remember that these are simply meant to give you a general idea of an answer, but we will not be able to get into the specifics of your situation until we are working together.
What is considered a catastrophic injury?
According to 42 U.S.C. § 3796b of the U.S. Code regarding Public Health and Welfare, a catastrophic injury is one that “permanently prevent(s) an individual from performing any gainful work,” but is typically used to refer to spinal cord injuries, brain injuries, and other similar injuries such as damage to the skull and spine.
If you have suffered a permanent disability, then your situation may be considered a catastrophic injury and entitle to you damages that are specific to this legal designation of a type of injury.
What is a non-catastrophic injury?
A non-catastrophic injury is one that does not have any lasting or long-term impact on your earning capacity, mobility, or other permanent aspects of your life. For example, a sprained ankle can have a serious impact on your earning ability while it is recovering, but it does not have a long-term or permanent impact on your ability to perform gainful work.
What is catastrophic brain damage?
In keeping aligned with the legal definition of a catastrophic injury, a catastrophic brain injury is a brain injury that causes permanent damage that impacts the victim’s ability to perform gainful work for the rest of their lives. Whether or not you are certain that you or a loved one has suffered from a catastrophic brain injury, contact our firm today in order to schedule a free initial consultation and learn more about your options.
Is a broken arm considered a catastrophic injury?
If the broken arm is able to heal and the victim is able to return to gainful employment, then it will not legally be considered a catastrophic injury. If, however, the damage is so severe that the victim is unable to return to their normal quality of life and working ability then that may be considered a catastrophic injury that entitles the victim to additional consideration.