Decatur Catastrophic Injury Lawyer

Common Types of Catastrophic Injuries

Many different types of injuries may be considered catastrophic. In general, these are injuries that will have a significant and long-lasting impact on the victim's life. They often require extensive medical treatment and ongoing care.

Some of the most commonly seen catastrophic injuries include:

• Traumatic brain injuries (TBIs)
• Spinal cord injuries
• Amputations
• Severe burns
• Paralysis
• Fatal injuries

Catastrophic injuries can be caused by a variety of accidents, including car accidents, truck accidents, motorcycle accidents, slip and fall accidents, premises liability incidents, defective products, medical malpractice, and nursing home abuse/negligence.

How Do Catastrophic Injuries Differ from Other Personal Injuries?

Catastrophic injuries are not just more severe versions of other personal injuries. They are a special category of injuries that are often life-altering and may require extensive ongoing care.

Some of how catastrophic injuries differ from other personal injuries include:

• They are typically more severe and more likely to result in long-term or permanent disabilities
• They often require extensive medical treatment and ongoing care
• They may result in significant disfigurement
• They may require the victim to have to relearn basic life skills, such as talking, walking, and eating
• They may result in the victim being unable to return to work or perform the same job duties as before
• They may result in the victim having to rely on assistive devices, such as a wheelchair, prosthetic limbs, etc.

How to Prove Negligence?

To obtain compensation, it’s necessary to prove that another party’s negligence caused your injury. Negligence often occurs when someone fails to exert reasonable care, leading to harm to another person. In a catastrophic injury case, proving negligence involves establishing the following elements:

• Duty of Care: The first action is demonstrating that the liable party owes you a duty of care. For instance, drivers owe a duty of care to others on the road to operate vehicles safely. Property owners must maintain safe premises, while manufacturers have a duty to confirm their products are free from defects.
• Breach of Duty: Next, you must show that the accountable party breached this duty of care. This means proving that their actions or failure to act were unreasonable under the circumstances.
• Causation: Establishing causation is crucial in a catastrophic injury case. This step involves proving that the breach of duty directly caused your injuries. For example, if a driver ran a red light and struck your vehicle, resulting in a spinal cord injury, there must be a clear link between the breach (running the red light) and the injury.
• Damages: Lastly, you will need to demonstrate that you suffered damages due to the injury. These damages could include medical expenses, rehabilitation costs, lost earnings, pain and suffering, and other losses.

What Damages Are Available in Catastrophic Injury Cases?

As in other personal injury cases, you may be entitled to recover compensation for your damages if you were injured due to the negligence of another person, business, or entity. However, because catastrophic injuries are often so severe, the damages available in these cases are typically much higher than in other types of injury cases.

Victims of catastrophic injuries may be able to recover compensation for the following economic and non-economic damages:

• Medical expenses (past, current, and future)
• Lost wages/income (past, current, and future)
• Lost or reduced earning capacity
• Physical pain and suffering
• Emotional distress/mental anguish
• Loss of enjoyment of life
• Disfigurement and/or disability
• Property damage (e.g. car damage in a motor vehicle accident)
• Loss of consortium/companionship
• Other out-of-pocket expenses

Additionally, in some cases, the victim may be awarded punitive damages. Punitive damages are not meant to compensate the victim for their losses but rather to punish the at-fault party. These damages are only awarded in cases in which the at-fault party was grossly negligent, reckless, or intentionally harmful.