Catastrophic Injury Claims
Catastrophic injuries are life-changing events that can result in permanent disability and, in some cases, death. One of the long-term ramifications of these injuries is the impact that it has not only on the victim, but also their spouse, dependents, caregivers, close friends, and relatives. There are several medical and other treatments that an injured party may require, including the following:
- Repeated hospitalization and surgeries
- Purchase of assistive devices, such as wheelchairs or handicapped-accessible systems
- Treatment for chronic pain
- Counseling for depression
After a catastrophic injury, there could follow a long period of disability that may result in an individual not being able to return to work and make a living. This can have a significant impact as a person’s income will be depleted at the same that that their medical expenses are on the rise. Because the victim and their family endure a great toll physically and financially, it makes sense for an injured party to seek professional legal help. An experienced catastrophic injury lawyer can provide skilled assistance for the victim and their family.
What is a Catastrophic Injury?
There are various medical, as well as legal, definitions for catastrophic injury. The California Labor Code refers to a catastrophic injury as including, but not limited to, loss of a limb, paralysis, severe burns, or a severe head injury. Other catastrophic injuries include damage to internal organs and permanent loss of vision or hearing. Sexual abuse may also be considered a catastrophic injury, as it can result in long-term health effects, including severe anxiety, substance abuse, depression, eating disorders, post-traumatic stress disorder (PTSD), self-injury, and suicide.
For persons with catastrophic injuries, the road to recovery will be long and difficult. Their pain and disability may be permanent, requiring lifelong care and expensive treatment. Five common catastrophic injuries include the following:
- Traumatic brain injury (TBI): Severe trauma to the brain can result in decreased cognitive function, changes in behavior or personality, loss of motor skills, language difficulties, memory loss, or even death.
- Spinal cord injury: Damage to the spine can cause partial or total paralysis that may never heal and may leave victims dependent on medical equipment to breathe.
- Amputation: Serious accidents may result in loss of limb, either at the scene or later because of tissue damage; victims may suffer from serious pain and infections and will need rehabilitation.
- Burns: Second- or third-degree burns can cause severe tissue and nerve damage and may lead to infection, leaving victims with lifelong pain and disfigurement.
- Internal injuries: Injury to organs, such as the liver, spleen, kidney, stomach, or intestines, can cause internal bleeding and may require multiple surgeries to repair.
In addition, trauma to the eyes, ears, or brain can result in partial or total loss of one of the senses, which can make life challenging for the victim.
Amputations
More than two million Americans are currently living with limb loss. There are approximately 185,000 new amputations each year. Traumatic injury accounts for about 45 percent of amputations. Nearly half of amputees die of cardiovascular disease within five years of their amputation.
Statistically, one out of every 200 people in the United States has had an amputation. Many incidents of limb loss or amputations are the result of an accident, which is the second leading cause of limb loss behind vascular disease. Almost 70 percent of accident-related amputations involve the upper limbs, with men at a significantly higher risk. Traumatic amputations occur in a variety of ways, including automobile accidents, defective products, bicycling accidents, as well as workplace injuries.
Victims of catastrophic injuries typically spend prolonged periods of time in the hospital, followed by painful inpatient rehabilitation and physical therapy that can last for years. The injured party misses work during this time, and many are never able to return to their previous job. As such, medical costs associated with an amputation are equally immense. As noted, victims of traumatic amputation injuries require surgery, long stays in the hospital, followed by an extensive rehabilitation process. They also will require ongoing future medical care, including physical therapy, prosthetics, infectious disease, and orthopedic consulting costing millions of dollars. Moreover, the emotional and psychological toll of limb loss can require additional therapy and treatment. Furthermore, without the use of their lost limb, an amputee’s earning potential is forever changed and can result in loss of employment income. Depending on the nature of the amputation, modifications to the environment, such as the person’s home, may be necessary just so they can care for themselves. In certain instances, traumatic amputation may also result in the need to have full-time attendant care to help the victim with such routine tasks as going to the bathroom and brushing their teeth.
How Much Can Victims Receive for Catastrophic Injury Claims?
What a victim can collect in compensation as a result of a catastrophic injury can vary widely, depending on several circumstances. Every situation is different, and there is no guarantee that a lawsuit will be successful. The Fresno catastrophic injury lawyers at ACTS LAW have collectively recovered more than $500 million for personal injury victims. The following represent examples of past cases that were successfully handled by our firm:
- More than $10.5 million for a plaintiff shot at a hotel
- In excess of $9 million to a bicyclist severely injured after being hit by a truck
- Nearly $3 million in a wrongful death suit against a tire manufacturer
- Approximately $1.5 million to a plaintiff struck by a left-turning vehicle
Product Liability and Defective Products
Annually, it costs Americans approximately $1 trillion in damages because of death and injuries caused by defective products, according to the Consumer Product Safety Commission (CPSC). The CPSC’s mission is to protect consumers from those products that present a risk of a fire, chemical, electrical, or chemical hazard. Here are some examples of wrongful death and injuries from defective products including:
- More than 1,060 fatalities were associated with engine-driven tools for over a 13-year period in the United States.
- From 2014 to 2016, there were 320 deaths associated with nursery products among children under five years old.
- More than 17 toy-related deaths and 226,100 toy-related injuries were reported in 2018.
A victim of a defective product or those close to the victim have the option of filing a case with the CPSC. However, there is no guarantee of satisfaction, as the CPSC does not have to pursue every case that is presented. For those who want to ensure that their case has merit, they should consult with a qualified catastrophic injury lawyer.
