What Constitutes a Catastrophic Injury?

 

Catastrophic injuries cause permanent damage or harm that lasts an extended period. When hurt so severely, you may require ongoing care as a result of the harm you suffered. If your injuries came about by someone’s negligence, the law makes it possible to pursue them for compensation.

 

Examples of catastrophic injuries include:

 

·     Blindness or deafness

·     Spinal cord injuries

·     Paralysis

·     Limb amputations or loss of use

·     Disfigurement

·     Lung damage

·     Traumatic brain injury (TBI)

·     Brain injuries that cause permanent impairment or disability

 

Determining Liability in Catastrophic Injuries

 

California law allows for multiple party liability for a catastrophic injury. Depending on the type of harm you or your loved one suffer, any of the following could potentially be held responsible for their role in causing your injuries:

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·     Employer and/or employees

·     Businesses and/or their parent company

·     Insurers

·     Manufacturers

·     Property owners

·     Parents of a minor that hurt you

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If the negligence of others resulted in you suffering severe trauma and harm, you could receive compensation for:

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·     Current and future medical bills

·     Short- and/or long-term care

·     Lost wages

·     Pain and suffering

·     Lost earning capacity

·     Disfigurement

·     Loss of enjoyment of life

·     Wrongful death

·     Loss of consortium

·     Punitive damages

 

California Fault Law

 

Even if you share some of the fault for your catastrophic injuries, Los Angeles will not take away your right to pursue compensation. Under state pure comparative negligence law, you can still recover whatever percentage of your injuries you are not responsible for causing. This means that even if you were to be over 50% liable, you would still be able to seek the remaining 50% that was not your fault. State law has no limit on how much responsibility a party may have in such cases, even if 99% at-fault.

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Some insurance companies will try to deflect fault onto you even though you had no part in causing yourself such harm. This tactic helps them to save money on any settlement or awards they must pay. This type of manipulation of facts underscores the vital role an experienced catastrophic injury attorney plays in not only protecting your rights to compensation but ensuring what you receive is fair for your injuries.