Examples of catastrophic injuries are traumatic brain injuries, severe spinal cord injuries, severe burns, and other severe permanent injuries.
Catastrophic injury is more than just a simple label. More often than not, the distinguishing factor for this kind of injury is its lasting effects rather than its initial immediate effects. Catastrophic injuries usually have a severe effect on a person’s ability to function permanently or independently.
So what is considered a catastrophic injury? Let’s look at the severe injuries that are considered catastrophic below.
Traumatic Brain Injuries
It’s really unfortunate how brain injuries tend to be both common and extreme. They also frequently lead to catastrophic injuries. The CDC estimated about 68,663 TBI-related deaths in 2023. In the most recent year with complete data, hospitals admitted more than 214,000 people after they sustained a TBI.
Car accidents, falls, one’s job, and negligence in the medical field may bring on brain injuries. These injuries can cause lasting effects on memory, acting independently, and thinking.
Spinal Cord Injuries
Damage to the spinal cord can cause paralysis for either a short period of time or for the rest of someone’s life. There are more than 18,000 new cases reported every year in the United States, according to the Christopher & Dana Reeve Foundation.
An individual loses their independence and their ability to work or go about daily life the way they did prior to the injury once they sustain a spinal cord injury. This effect qualifies it to be regarded as a typical example of a catastrophic injury.
Severe Burns
Burns that are severe enough to necessitate skin grafts and reconstruction surgery invariably constitute catastrophic injuries. Apart from the agony and permanent scarring associated with severe burns, such injuries also often have serious psychological effects. This situation most often occurs when the burn affects a body part that is visible to others. It is partly why burns have been accorded the same gravity as brain and spinal cord injuries.
Amputation Injuries
The removal of a digit or a limb is not only a blow to a person in terms of their physical ability but is also a major cause of trauma.
The astronomical financial losses incurred following amputation are what qualify this injury as a catastrophic injury.
Establishing Liability Is Its Own Challenge
Beyond identifying that an injury is catastrophic, a valid claim still requires proving someone else’s negligence caused it. States may have different rules regarding classifying an injury as catastrophic. In Louisiana, an Ascension Parish catastrophic injury lawyer typically has to establish four elements to hold another party liable. One of these elements involves showing that the allegedly liable party owed a duty of care to the victim. It must also be demonstrated that the duty owed was breached. Claimants for catastrophic injury are required to provide proof that the said breach directly caused the injury and that the injury resulted in legally recognized damages. Skipping any one of these elements can undermine an otherwise strong claim, regardless of how catastrophic the injury itself is.
Common Situations That Lead to These Claims
Incidents involving all types of road traffic, including trucks, cars, and pedestrians, regularly lead to catastrophic injury claims. It is the mix of the lack of road user protection and the ineffectiveness of safety control measures that leads to such injuries of this kind. Other major types of cases are medical malpractice and work-related accidents that occur in dangerous occupations.
Why Damages Run So Much Higher in These Cases
Catastrophic injury cases will almost always result in much larger compensation amounts compared to the regular injury claims. This discrepancy mainly stems from the expenses that accumulate over time and for many years to come. Sustaining a catastrophic injury normally involves expenses for the actual injury, treatment, loss of earnings, inability to earn, and sufferings related to the permanent injury.
Why the Distinction Matters From the Start
The determination of whether the injury is classified as a catastrophic injury influences almost everything related to the claim. This assessment includes who the experts are that get involved and how the final settlement is determined. Being able to determine the classification early on and having the experience of a lawyer who specializes in catastrophic injury claims can have a great impact on how well your claim reflects the reality of what you’ve lost.