In general, a person who suffers severe injuries due to a car accident, defective product, medical malpractice, and other negligence is entitled to monetary compensation in a catastrophic injury lawsuit. In this short article, we will show you what catastrophic injury is and how to get compensation through a lawsuit.
Definition of Catastrophic Injury
Catastrophic injury is a term often used in personal injury cases and labor law that refers to the most serious type of injury or illness. In other contexts, catastrophic injury is usually defined as a physical injury or illness that causes a person to be unable to work for a long period.
In addition, catastrophic injuries also invariably cause a person great financial hardship. As explained earlier, these injuries can leave a person unable to work, and thus unable to earn a living. Moreover, these injuries also cost a lot of money to treat.
Considering all the above losses, you must seek compensation through a catastrophic injury lawsuit. Filing a lawsuit against the party responsible for your injury allows you to get compensation commensurate with your injury.
Most Common Causes of Catastrophic Injuries
In some cases of catastrophic injury, some most common causes tend to lead to serious injuries. So, what are these causes? Here are the details.
1. Medical Malpractice
When doctors make mistakes, it tends to have very serious consequences. Of the various categories of catastrophic injuries, medical negligence has the highest potential to cause severe injuries to a person.
2. Dangerous or Defective Products
Dangerous or defective products can range from medical equipment to consumer goods. If the product has a design or manufacturing defect, it often results in very serious physical injuries.
3, Motorcycle Accidents
Among all categories of vehicle accidents, motorcycle accidents have the highest likelihood of severe injury. The combination of high speed, rapid acceleration, and lack of external protection make motorcycles the most dangerous vehicles on the road.
4. Truck Accidents
Highway collisions involving large commercial trucks can have very serious consequences. The sheer size of an 18-wheeled truck means that it exerts an enormous amount of force against any impact which can cause serious injuries to the occupants of a passenger vehicle.
5. Pedestrian Accidents
This category includes cases where a pedestrian is hit by a vehicle. For very obvious reasons, pedestrians are extremely vulnerable when hit by any type of vehicle, and even moderate-speed collisions can be life-threatening. Fortunately, most pedestrian accidents happen at a slow speed.
The Most Common Types of Catastrophic Injuries
Any type of injury has the potential to be catastrophic, depending on the circumstances in which it occurs. However, certain types of physical injury categories are most often classified as catastrophic. What are they? Check out the points below to find out.
1. Brain Injuries
The brain is the most important organ in the human body as it controls everything from thinking to movement. Therefore, any kind of physical damage to the brain has the potential to result in severe injuries. The reason is that it can lead to impaired movement and cognitive abilities.
2. Burn Injuries
Some burns may be minor, but serious burns with high levels of heat can be one of the most severe injuries. The main reason is because serious burns can result in permanent physical disability.
3. Leg Fractures
Undeniably, all fracture injuries are very serious and can potentially be classified as catastrophic, and a leg fracture is no exception. When a person sustains a leg fracture injury, it can impair the mobility of that person.
4. Organ Damage:
The same is true of internal organs. In other words, any damage to the internal organs that you suffer can cause major problems in the long run.
5. Catastrophic Injuries and Wrongful Death
Wrongful death is a lawsuit that can be filed when someone dies due to their negligence. Due to obvious reasons, death is categorized as a catastrophic injury. So, when a fatal injury occurs, the surviving family members of the victim can file a catastrophic injury lawsuit for wrongful death and get monetary compensation.
How to File a Catastrophic Injury Lawsuit?
In general, anyone who has suffered a catastrophic injury due to someone else’s negligence has the right to file a catastrophic injury lawsuit. You need to do this so that you can get financial compensation for the losses you have suffered. Usually, this financial compensation includes medical expenses, loss of income, and pain.
How do I know if my injury qualifies for a catastrophic injury lawsuit? The classification of your catastrophic injury depends on several factors, such as fault, the severity of the injury, and the losses you have to bear.
In addition, it is also important to know that the process for filing a catastrophic lawsuit will vary depending on state laws and judges’ interpretations. Therefore, you must consult a personal injury lawyer. They are experienced people who will help you out with your issues.
What Compensation Can Be Obtained After A Catastrophic Injury Lawsuit
When you later file a lawsuit for the catastrophic injury you suffered, the court can award you with compensation that is usually monetary. According to the applicable laws, there are three types of compensation that you may be able to get which include:
1. Medical Expenses
First is medical expenses. These compensations can be awarded for all medical expenses you incur as a direct result of the catastrophic injury. This includes not only past medical expenses but also estimated future medical expenses you may need.
2. Loss of Income
Severe injuries usually involve lost wages or loss of income as the victim is unable to work for some time. Therefore, when winning a catastrophic injury lawsuit, you can get compensation for past and future loss of income.
3. Pain and Suffering
The last one is compensation for the pain and suffering you have experienced. However, the court may award monetary damages to compensate you for physical and mental pain and suffering due to your catastrophic injury. This is usually called non-economic damages or compensations.
Have You Known About a Catastrophic Injury Lawsuit?
Catastrophic injuries are the most serious injuries that can cause a person a lot of harm, ranging from disability, and job loss, to mental illness. For this reason, if you or a loved one has suffered this injury due to someone else’s actions, you have the right to file a catastrophic injury lawsuit.
By filing this lawsuit with the court, you can later get the compensation you deserve. However, before you file a lawsuit, you need the assistance of a personal injury attorney. These people are the experts who will help smoothen your lawsuit and help you get the compensation you deserve.
