Personal injuries can range from mild to catastrophic. Mild injuries may require minimal medical care and time away from work, but more severe injuries may require extensive medical treatment and impact someone’s ability to earn a living. Catastrophic injuries are the most severe category of personal injury and often lead to the most extensive compensation.
Under federal law, 42 U.S.C.S. § 3796b, a catastrophic injury prevents someone from doing any gainful employment, but state law does not define catastrophic injuries. Generally, these injuries significantly interfere with someone’s ability to resume their usual way of life. Whether or not an injury is catastrophic, you may be entitled to compensation. A Gretna catastrophic injury lawyer could help determine whether an injury is catastrophic and identify potential claims. Schedule a consultation with an experienced personal injury attorney from Scott Vicknair to learn more.
Defining Catastrophic Injuries
Determining whether an injury is catastrophic can be complicated, because different types of injuries can impact people in various ways. How an injury affects a particular person can be the deciding factor in whether that injury is catastrophic.
A catastrophic injury must substantially impact a person’s physical, mental, or emotional condition.While it does not have to completely rob a person of their ability to engage in gainful employment, it does have to interfere substantially with their daily life. Furthermore, the person’s condition at the time of the accident can contribute to the severity of the injury. The same injury might not be catastrophic for a different person, but that does not prevent it from being classified as catastrophic.
Examples of catastrophic injuries include spinal cord injuries, traumatic brain injuries (TBIs), damage to internal organs, paralysis, and amputations.
Many people assume a catastrophic injury must have a dramatic cause, but many result from seemingly minor accidents. These can include:
- Explosions
- Slip and falls
- Swimming pool injuries
- Car, truck, or motorcycle accidents
A Gretna attorney could link these accidents to catastrophic injuries.
Damages in Catastrophic Injury Lawsuits
There are three different categories of damages available in catastrophic injury cases. Economic damages compensate people for financial losses. Non-economic damages compensate people for non-financial losses. Punitive damages punish people who engage in egregious or shocking behavior.
In addition to immediate medical expenses, catastrophic injuries often lead to lifelong medical expenses. Those costs vary depending on the type of injury, but they are often more expensive than people realize. A lawyer could accurately predict these expenses before an injured person accepts a settlement. The lifelong costs of an injury are often much higher than people realize they will be, which can lead to them accepting inadequate settlements.
The other financial impact of a catastrophic injury is employment. While some people may be able to engage in gainful employment, few will be able to return to their former jobs. They will almost always lose some of their earning capacity, so financial damages should include a loss of earning capacity.
For catastrophic injuries, the non-economic damages may be even more significant. It is impossible to overstate the psychological impact these injuries can have on injured people and their loved ones. No amount of money can take away pain and suffering or emotional trauma, but it can give people access to tools and treatment to help them deal with these challenges. A Gretna attorney who handles catastrophic injuries could fight for fair compensation.
Talk to a Catastrophic Injury Attorney in Gretna
When you are dealing with a severe injury, it can be overwhelming. The sustained trauma and recovery time can lead to an additional complication: the expiration of the statute of limitations, which is the deadline to file a lawsuit. To preserve your rights, meet with a Gretna catastrophic injury lawyer at Scott Vicknair. They could advise you on the nature of the injury, potential recovery amounts, and the process to pursue a claim. Schedule a free consultation to learn more.
