Going through a catastrophic injury is painful both physically and mentally. Here is everything you need to know about what is considered to be a catastrophic injury.
Definition of Catastrophic injury
According to United States federal codes, the definition of a catastrophic injury is determined by the consequences of the injury. This means that the consequences of the injury have permanently prevented an individual from performing any work they may experience to gain from.
Examples of catastrophic injuries
Traumatic brain injury
A traumatic brain injury can have many consequences. Traumatic brain injuries can affect a person’s quality of life and ability to work through mood disorders, sleep, and cognitive ability decline.
Chronic illnesses
A chronic illness or illness such as cancer, stroke, or leukemia. These three, as well as many other chronic illnesses, can be considered to cause catastrophic injuries due to the long-term implications.
Permanent scarring and disfigurement
Permanent scarring and disfiguration are considered catastrophic injuries because they could result in significant medical treatment. Since it affects an individual’s appearance, it can also affect their quality of life.
Spinal cord damage
Spinal cord injuries can often be considered catastrophic because of how they restrict a person’s ability to move, as well as a possibility for paralysis. Both of these results can result in an individual being unable to work and perform their daily tasks.
Related: Bodily Injury vs Personal Injury: The Difference
Common causes of catastrophic injuries
Medical malpractice
Medical malpractice can lead to catastrophic injury. Going to a medical professional is rarely believed to be dangerous or risky. However, medical malpractice, especially in high-stakes settings, can cause devastating damage. Frequently, an individual, after suffering a catastrophic injury due to medical malpractice, may sue the hospital or the medical professional themselves.
Vehicular accidents
Vehicle accidents can also cause catastrophic injuries. Whether it is a motorcycle accident or a different automobile accident, vehicular injuries that occur in casualties can often be considered catastrophic. In this case, depending on whether the state is an at-fault state, the individual may be able to sue either the person at fault’s insurance company, or the individual themselves.
Compensation you may receive for suing as a result of catastrophic injury
Individuals may choose to sue for compensation for catastrophic injury if they feel a third party, such as an employer or a doctor, is responsible for their catastrophic injury.
Related: How to Calculate a Personal Injury Settlement Value
The compensation they may receive include:
- Covering partial or full amounts of bills for medical visits
- Covering the cost of rehabilitation, which is often necessary after catastrophic injuries
- Covering the cost of lost wages as a result of potentially losing employment after suffering a catastrophic injury
FAQs about Catastrophic Injuries
Is pain and suffering considered a damage from catastrophic injuries?
Yes, pain and suffering is a damage and may help an individual’s claim if they are trying to sue another party.
What types of medical care may an individual need if they have suffered a catastrophic injury?
Depending on the type and severity of the injury, answers can vary. Individuals may require emergency medical care, psychiatric help, skin grafts for burns, or reparative surgeries. A person may also need long-term medical care, or enter a rehabilitation program after they have completed the immediate medical care.
Can an act of intentional violence be prosecuted like catastrophic injury?
If an individual committed an act of violence against the victim and the victim received a catastrophic injury, then they can be prosecuted. The penalty may be worse as it was an intentional act and did not result from negligence.
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