Catastrophic Injury

Catastrophic injuries are the kind that leave a lasting impairment and drastically changes the course of the affected individuals’ lives. Loved ones and the victims who have experienced horrific injuries from the careless and negligent actions of others may be able to recover damages with the help of experienced legal representatives. While some losses may not be fully recoverable, compensation and a measure of justice may help bring a resolution and some closure.

Below are some reasons for which an individual may be able to claim compensation for a catastrophic injury:

A very serious injury was caused by the negligence of another and has produced very large medical expenses for the victim. The required medical treatments may have involved multiple surgeries, lengthy hospital stays, a long rehabilitation period, extensive medication, plus lifelong and permanent need for a medical device.
A victim may likely be eligible to receive compensation for loss of wages from all of the work missed due to the catastrophic injuries. Future lost wages may be included.
Traumatic emotional distress can result from a devastating accident and the pain and suffering involved. The accident victim may be entitled to damages for these unfortunate consequences.

What is a Catastrophic Injury?

When an individual sustains the kind of injury that permanently prevents the victim from ever living life in the same manner lived before the accident, this tragedy is categorized as a catastrophic injury. According to the American Medical Association, catastrophic injuries include serious injury to the brain, spine, or spinal cord. Additionally, a burn that is third-degree (all three layers of skin burned) or higher is also classified as catastrophic.

When the above-mentioned injuries are inflicted upon an individual, there is usually a ripple effect for family members. Often, the victim is never able to work again or perform everyday tasks alone. In such situations, close family members are required to completely change their own lives to become available for assisting their loved one who is now permanently disabled. Without question, families are affected emotionally and financially by catastrophic accidents that leave such devastation in their wake.

Common Catastrophic Injuries

When individuals receive physical trauma that harms the central nervous system, the injuries often result in irreversible damage. The following are considered catastrophic by medical professionals. This is not an exhaustive list, by any means, but many catastrophic injuries tend to be related to spinal damage or the brain.

Spinal cord injuries
Brain injuries
Amputations
High degree burns
Organ damage
Permanent disfigurement
Loss of speech, hearing or vision
Exposure to toxic substances and chemicals

Next, listed below are resultant deficiencies in the body that occur from a brain injury or from a spinal cord injury. Sadly, many of these losses can be permanent.

Spinal Cord Injury

Movement loss
Bladder control loss
Paraplegia
Quadriplegia
Full paralysis

Brain Injury

Loss or decline of motor skills
Loss of sight
Sensation impairment
Behavior changes
Cognitive function loss (for example, amnesia)

Treatment for the above-mentioned catastrophic injuries can be arduous and long. Rehabilitation is often very painful and very lengthy. Recovery time can involve long hospitalization periods. The long-term medical needs frequently make any thoughts of working disappear. Because work isn’t possible, unfortunately, medical bills can begin to mount. With this scenario in mind, it now makes more sense than ever to contact us at The Eichholz Law Firm, so we can begin the process to help recover deserved compensation to cover these expenses.

Causes of Catastrophic Accidents

Catastrophic injuries are usually defined by their suddenness. This means the causes of these injuries can happen in all types of situations. These are among the most common.

Car Crashes

Motor vehicle accidents are the leading causes of injury in the United States. That’s why it shouldn’t be surprising that car crashes also account for the vast number of catastrophic injuries. While most injuries are minor,>more than 33,700 people die in car crashes and even more suffer permanent injuries.

Falls

Falls are another contributor to catastrophic injuries. The young and the elderly are most susceptible to falls, but they can also happen at any time. For example, an individual could be shopping in a department store, slip on an unmarked wet spot, and slam their head into the ground. The consequences could even be fatal.

Sports Injuries

Basketball or football may seem like a fun and harmless activity, but 325,000 kids are treated for sports-related concussions in emergency rooms every year. A blow to the head or spine can leave a child permanently paralyzed.

Acts Of Violence

Intentional acts of violence can also result in catastrophic injuries. For example, a scuffle during a road rage incident could cause someone to suffer spine or even brain injuries.

Medical Malpractice

When a patient goes into surgery or treatment at a doctor, there is some abdication of liability. Doctors must do everything in their power to help an individual, but if they fail, they won’t usually be held accountable. However, if a doctor or medical professional injures a patient from malpractice, they could be held responsible.

Other causes of catastrophic injuries include but are not limited to animal attacks, plane crashes, defective products, drunk driving, workplace injuries, premise liability, general negligence, and transportation accidents.

Who Can be Held Liable For a Catastrophic Injury?

The negligence of an individual or an entity is frequently at the root of an accident that causes a catastrophic injury. In some cases, it is readily apparent who is responsible. Granted, the victim may have played some small part in being careless, but the following individuals or entities could be liable parties:

Driver – If a motor vehicle accident occurred, the other driver or drivers could have been negligent.
Employer – If unsafe working conditions contributed to an employee’s catastrophic injury, the employer could be liable under tort theories or workers’ compensation laws. Because each state has varying laws, a victim should speak with a qualified attorney.
Product Manufacturer – If a product was defective in design or due to manufacturing error, the maker may be liable. Additionally, if safety guards or warnings were inadequate, the manufacturer could potentially be liable.
Residence or Place of Business – If an unsafe condition existed in or around the business, liability for the accident may lie with the owner. In the case of a residence, the tenant, landlord or property owner could be liable.
Educational Organization – If a catastrophic injury occurs to a student at a school function, the school and/or officials may be liable.
Physicians and Hospitals – If a patient is injured during hospitalization or surgery, the hospital could be found liable. Additionally, if a doctor misdiagnoses, fails to diagnose, or otherwise does not give proper medical care, the physician may be liable.
Transportation Company – In accidents involving trucks, airlines, freight or cargo, the transportation company could have negligently contributed and be potentially liable. In the case of bus crashes, the bus driver and/or the company may be liable.

The above list is not an exhaustive one but only contains some examples. Numerous factors determine who may be held liable. These factors include: who was involved, where it happened, the nature of the victim’s injury, the existing circumstances, and what parties could have been negligent.

Filing a Lawsuit for Catastrophic Injury

If you or a family member has been involved in an accident that produced a catastrophic injury, there is a potential legal remedy through filing a lawsuit. The legal team at The Eichholz Law Firm is equipped to provide extensive guidance as we take your case from the beginning stages all the way through to the culmination of finalizing a compensation amount.

The following gives an idea of damages you can potentially collect from a catastrophic injury suit:

Medical Costs – All medical bills that accumulate due to treatment for catastrophic injuries from the accident can be presented in the lawsuit for compensation. These would include hospitalizations, surgeries, doctor visits, physical therapy, medications, in-home care, and any required medical devices.

Lost Income – Catastrophic injuries can result in temporary or permanent cessation of work. Previous and current lost wages, plus future loss of income, may be compensated.

Emotional Damage/Pain and Suffering – The very real emotional damage and the pain and suffering experienced by the victim and family members can be presented for compensation. If a loved one’s death resulted from the catastrophic injuries received, a wrongful death lawsuit could also claim loss of love and support from a vital member of the family.

Previous Catastrophic Injury Settlements

Settlement of $931,000 – In the case of Scala v. TMS Logistics, Inc., a truck struck the victim’s vehicle from behind killing the man. His family sued and received a settlement of $931,000 that was approved by a judge on March 19, 2020.

Settlement of $2.5 Million – A settlement in the amount of $2.5 million was reached in a lawsuit naming Chris Soules of “The Bachelor” fame as the defendant for crashing into the back of a slow-moving tractor in Iowa and killing the 66-year-old operator.

Settlement of $4.8 Million – After a 16-year-old student perished in a burning school bus from which she could not escape, the Riverside Community School District in Iowa settled with the victim’s family for $4.8 million.

Settlement of $5 Million – After two individuals died in a plane crash in March 2016 due to a faulty experimental engine, family members of Dane Sheahen and James Kos received a $5 million settlement. The defective engine came from Superior Air Parts, Inc. The crankshaft was forged by Ruhrtaler Gesenkschmiede F.W. Wengeler GmbH & Co. KG.

Settlement of $200,000 – In November 2018, Loretta Pickard perished in a house fire after Polk County, Florida, firefighters did not attempt to save her. Her family received a $200,000 settlement from the county’s commissioners.

Benefits of Legal Counsel

On occasion, plaintiffs with catastrophic injuries will try to seek compensation on their own without the assistance of legal representation. This frequently spells disaster for individuals who have already suffered through so much trauma. Without the proper knowledge, skills, and benefit of expert witnesses, these complex cases cannot effectively be brought to a successful conclusion for plaintiffs.

With the assistance of our qualified attorneys who have already proven the ability to obtain maximum compensation for catastrophic injury victims, the multi-layered legal process can be skillfully maneuvered and mastered. The Eichholz Law Firm will investigate, complete and file all necessary legal paperwork, bring in experts to prove liability on the part of the defendants, and stand between victims and insurance companies involved. Through our tried-and-true methods, we can help injury victims find justice and deserved compensation.

Catastrophic Injury Lawsuit