The Types of Damages You Can Recover in a Catastrophic Injury Claim

Berry Mathew

Updated on:

Law
The Types of Damages You Can Recover in a Catastrophic Injury Claim

An injury could be hurtful when an accident is the main cause. But a few injuries could develop into severe medical conditions that will forever change a person’s life. It is called a catastrophic injury.

The care and treatment for devastating injuries will skyrocket medical care bills, which will be a burden in the long run. Catastrophic injury lawyers help the victim claim maximum compensation for their injuries. The law states that the person at fault is responsible for covering medical expenses in the event of a catastrophic injury.

Catastrophic Injury

An injury that occurs suddenly and causes severe damage to a person’s body is considered catastrophic. These injuries stay permanently throughout a person’s life, a clear sign that the person will never recover fully from the injury. 

Types of Catastrophic Injuries

  • Damage to the spinal cord that results in paralysis
  • Amputation of limbs and fingers
  • Hearing impairment
  • Sight Impairment
  • Defacement is caused by injury to the face
  • Damage to the nerves
  • Injuries to the brain
  • Any neurological damage
  • Severe organ or brain damage

Above are a few of the catastrophic injuries. Injuries that are permanent and affect the ability to perform day-to-day duties effectively are devastating.

Causes Of Catastrophic Injuries

The causes of catastrophic injuries could be many. A few common reasons for the same are,

  • Accidents through motor vehicles, including motorcycle accidents, collisions, truck accidents, car accidents, pedestrian accidents, and others.
  • Accidents that happen at the workplace, office, site, factory, and other work-related places.
  • Accidents while playing any form of sports.
  • Injuries that happened at birth and any form of medical malpractice.
  • Accidents that happen due to defects in a product.

Even though catastrophic injuries are rare, they do impact thousands every year. More than 17,000 people develop spinal cord injuries due to devastating injuries. It is only one type of catastrophic injury, but there are many.

Statute Of Limitations

The court has stipulated a specific period for filing claims after a catastrophic injury. These claims should be made within the time limit at the place where the injured person lives.

There is no extended time for catastrophic injuries compared to common injuries. Due to this, to receive the deserved claim amount, the injured person should file a claim with the help of an experienced attorney specializing in catastrophic injury claims.

The time limit varies from two to four years for filing these injury claims, depending on the state where the injured person is residing.

Recoverable Types of Damage

The most vital factor to know about getting the compensation you deserve is the types of claim damages available, as stipulated by the law. Claiming medical bills is not the only compensation available during a catastrophic injury. The recoverable damages include,

Medical Expenses

The emergency room bill is not the only the bill that comes under medical damage. Any medical expenses that occur as a result of the accident can be claimed.

If any personal therapy is needed, that can be claimed. Any follow-up appointments with the doctor or therapist involving a long-term care plan can also be added as a claim.

Any medical device, like a wheelchair, can be claimed. Make sure to contact an experienced lawyer to evaluate the claim in detail. Other claimable bills include home health care costs, diagnostic fees, and costs due to surgery. The cost incurred on mobility devices, supplies like braces, wraps, bandages, and other medication expenses can be claimed too.

Suffering And Pain

Suffering from any injury is painful. There will be discomfort. Fair compensation can be claimed for it. But no amount of money can take away the pain, and the present justice system offers this as compensation.

Anguish Due To Emotions

Apart from the suffering and pain from the injury, there will be a fair amount of emotional anguish. There will be fear or post-traumatic distress. The law offers compensation for the distress caused by emotions.

Claim For Loss

An injury can make obligatory changes to anyone’s lifestyle. Riding a bike, playing sports, and other favorite activities must be stopped when an accident causes a person to lose sight or limbs. These losses can be compensated.

Consortium Loss

When a family member is injured in an accident, it can impact their loved ones. The injured person’s spouse may file a consortium claim for losses such as companionship, intimacy, fertility, lost income, and more.

Conclusion

Even replacement services, punitive damages, and property damages can be compensated. An efficient attorney will help chart out a detailed compensation claim list. 

Catastrophic injuries can be remarkably shattering for the victim, both financially and emotionally. Devastating injuries can be compensated as economic and non-economic damages. Apart from that, any future or consortium loss can be claimed.