Understanding Catastrophic Injury Claims

Any harm you suffer as the result of another party’s negligence is serious business, leading to lost work, stress, and expensive medical bills. However, in an event that a injury is very severe the legal profession places it in a special category called catastrophic injury. Catastrophic injuries are defined by their anticipated outcome rather than by the nature or type of injury. Some of these injuries render a person permanently incapable of working whereas others subject the individual to a lifetime of lowered immunity, mental disability, susceptibility to infection, and repeated surgeries or medical care.

A catastrophic injury permanently transforms the victim’s life subjecting them to a permanent loss of income, a lifetime of expensive medical treatments and therapy, or both. If you suffer from a catastrophic injury, you may be entitled to receive medical benefits, vocational rehabilitative benefits, and total disability benefits for life under Worker’s Compensation laws.

An example of a catastrophic injury would be a traumatic brain injury. Such injuries can be sustained in the range of mild to severe. In a mild brain injury loss of full conscious awareness may persist for some time. The majority of all reported traumatic brain injuries are the result of an automobile accident.

Types of Catastrophic Injury

Although any injury can theoretically become catastrophic, the law identifies some common types:

• Traumatic brain injury causing periodic neurological disruption, severe sensory disturbances, or severely impaired motor function;
• Severe spinal injury leading to paralysis;
• An amputation;
• Second- or third-degree burns;
• Blindness

Brain and spinal injuries are the most common catastrophic injuries because these areas of the body control movement in the extremities. Traumatic brain injury, even mild ones have the potential to deteriorate over time, and it is especially important to seek proper medical care immediately after receiving a blow to the head.

Severe burns are another category of catastrophic injury. When an individual receives burns, they may require multiple skin grafts and surgeries. The burn can reach beneath the skin to damage underlying bone and tissue. A victim’s lungs may become so severely scarred that they develop diseases like emphysema or chronic obstructive pulmonary disease. The pain and trauma from the event can lead to post traumatic stress disorder and impaired mental function.

Seeking Damages as the Result of a Catastrophic Injury

In order to recover damages, you must establish that your injury is severe enough to prevent you from performing the job you previously held or any work available in the national economy for which you are qualified. You will need to provide substantial proof that you require ongoing medical attention and that you are vocationally handicapped.

In some cases, workplace conditions may be responsible for your catastrophic injury. An experienced personal injury lawyer can help you determine when to file a claim, what sort of damages you may be entitled to, and whether you meet the requirements under state law. They will also be able to determine whether you have filed within the proper period of time.

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This post was written by Mark Kennedy