One thing is certain: the effects of a catastrophic injury are devastating and long-lasting, if not permanent. The term “catastrophic injury” is actually a legal one, used to describe an injury that has caused permanent damage, disfigurement, or paralysis. Common examples include spinal cord damage, amputation, traumatic brain injury (TBI), and severe burns.
In order to be considered a catastrophic injury, the damage must be so severe that the victim cannot return to their previous level of function. Following this, the injury will typically have a profound impact on every aspect of the victim’s life, from their ability to work and earn a living, to their personal relationships. The physical and emotional tolls can be immense, making it difficult to enjoy life or even get out of bed in the morning.
The financial burden can quickly become overwhelming, as well. Medical bills rapidly pile up, and many victims are unable to earn an income, putting them at risk of losing their homes or livelihood. Different catastrophic injuries can have different causes. They may result from a car accident, a workplace accident, a slip & fall, or any other type of accident. No matter the cause, however, all catastrophic injuries share one common trait: they have the potential to change your life forever.
Proving Fault and Liability
There are many ways to establish liability in a catastrophic injury case. The most common is to show that the defendant breached a duty of care that they owed to the plaintiff. In some cases, liability can be established even if the defendant did not breach a duty of care. In these cases, the plaintiff may use the doctrine of strict liability. This doctrine applies where the defendant’s actions were so dangerous that they should have known that they could cause injury, even if the defendant was acting reasonably.
For example, liability might be imposed if a defective product causes an injury, even if the manufacturer took all reasonable precautions to avoid such an outcome. Once liability has been identified, the step that follows is proving damages.
Damages and Settlement
The measure of damages in a catastrophic injury case is typically much higher than in a typical personal injury case. This is because the injuries are so severe and often have such a lasting impact on the victim’s life.
Victims may recover damages for all their pain and suffering, medical expenses (including future ones), lost earnings, and more. In a few cases, punitive damages, which are meant to punish the other individual for particularly reckless conduct, may also be available.
If you are a victim of such an injury, a catastrophic injury lawyer will assist you to pursue the compensation you very much deserve. The process can be complicated, but an experienced attorney will know how to build a strong case and fight for your rights.
Conclusion
Catastrophic injuries vary in type, but all share one commonality: they have the potential to change your life forever. They include injuries such as traumatic brain injury, amputation, Spinal cord fracture, and severe burns. Proving fault and liability can be complex, but an experienced catastrophic injury attorney will be of invaluable benefit.
