When Is An Injury A Catastrophic Injury?

Accidents are always hard to deal with. They become even more of a challenge to overcome when a catastrophic injury is sustained. Dealing with the aftermath of your accident and the trauma that can come with serious bodily injuries can leave you in a state of confusion. Figuring out your insurance companies policies and how to make a personal injury claim adds another element to deal with. A situation like this is definitely a tough one to navigate. Read on to learn more about what qualifies as a catastrophic injury and what the process is to file a claim.

What Qualifies as a “Catastrophic” Injury?

While any injury can feel catastrophic at the moment, especially when you are the one going through it, not all injuries qualify as catastrophic in the eyes of the law. An injury is only classified as a catastrophic injury when the injury sustained is so severe that it results in a long-term disability or debilitation. The loss of the ability to perform gainful work of any kind also qualifies an injury as catastrophic. The following all serve as examples:

• A permanent severe functional disability
• An incapacitation
• Serious injury on at least one of the body’s major systems
• Damage to the head or brain
• Damage to the neck or spinal cord
• A terminal condition caused by the injury
• The inability to perform any gainful work

Catastrophic injuries often involve some sort of deformity or loss of capacity. This could be physically, mentally, or both.

Common types of catastrophic injuries can be:

• Traumatic Brain Injury (TBI)
• Loss of Limb or Amputation
• Paraplegia or Quadriplegia
• Brain Damage
• Spinal Cord Injury or Paralysis
• Internal Injuries
• Third-Degree Burns
• Severe Nerve or Ligament Damage
• Multiple Broken Bones or Orthopedic Injuries

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Common Causes

Catastrophic injuries can occur in a variety of ways. However, most of them are a result of a freak accident. While catastrophic injuries are not too common, statistically, the common causes are:

• Motor vehicle accidents
• Pedestrian accidents
• Construction accidents
• Swimming pool accidents
• Sports injuries
• Slip and fall accidents
• Product defects and defective pharmaceuticals
• Medical malpractice
• Work-related accidents

What to do After a Catastrophic Injury

If you have sustained a catastrophic injury, your first concern should be on your immediate recovery. As you work through your recovery process, you should use this to explore your legal options. If your injury was the result of an accident or someone’s negligence, you have the right to seek financial compensation. Catastrophic injuries are not only emotionally draining, but often they are financially draining too. Here’s how to begin your filing of a personal injury claim:

1. Keep thorough records

Maintaining records is essential when dealing with any personal injury claim. Make sure to record both financial cost and loss in this process. Here are the top elements to include in your record-keeping:

• The cost of medical treatment
• The cost of prosthetics or assistive devices like wheelchairs or walkers
• The cost of counseling
• The cost of physical or occupational therapies
• The cost of home health aides or caregivers
• The cost of any medications
• The cost of expected future medical needs
• Any lost wages or loss of future earning capacity due to injury
• Lost quality or enjoyment of life
• A loss of relationships with your spouse, children, family, or friends
• Overall pain and suffering

2. Find a personal injury lawyer

As you keep record information regarding your injury, be sure to contact a personal injury lawyer as soon as possible. A personal injury lawyer will be able to help you compile your records to make the best possible case for yourself in a personal injury claim. Your lawyer will make the case that you have been wrongfully suffering due to a catastrophic injury caused by someone else’s negligence.

3. Gather Evidence

After reaching out to a lawyer, they will begin to gather evidence for your catastrophic injury claim. Your lawyer will be working to gather evidence such as your accident report form, medical expenses, and your overall loss and expenses caused by the catastrophic injury.

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While we hope you never have to deal with a catastrophic injury, we will be there for you should you ever need expert legal representation. If you are currently dealing with the aftermath of an injury of this sort, you don’t have to go through this process alone. Contact us right away for a free case evaluation.

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