What Qualifies as a Catastrophic Injury Claim in California?
As leading personal injury attorneys serving Southern California, we understand the many obstacles injury victims face when pursuing the compensation they deserve. Our legal team is here to fight for you! Schedule a free consultation to explore your legal options today.
Most injuries are not permanent, and their effects dissipate over time. With the right medical treatments and care, most injured individuals heal from sprains,
strains, and even fractures, eventually achieving a full recovery. However, that’s not always the case.
Catastrophic injuries severely impact an individual’s ability to perform ordinary tasks, live independently, and maintain a high quality of life. The medical treatments, lifestyle modifications, and ongoing care demands place a tremendous financial burden on catastrophic injury victims, which is why seeking maximum compensation is so critical.
If you or a loved one suffered catastrophic injuries in an accident caused by someone else, you deserve compensation. The passionate Orange County personal injury attorney team at Case Barnett Law is here to help you recover the full extent of your damages. Keep reading to learn about catastrophic injury claims in California, key legal considerations, types of catastrophic injuries, and more.
Understanding Catastrophic Injury Claims in CA
A catastrophic injury claim is a type of personal injury claim that involves injuries that are so severe they result in long-term or permanent disability. These injuries significantly often impact an individual’s ability to work, live independently, and enjoy life in the same way they did before the accident. They typically require extensive medical interventions, long treatments or care, and significant financial losses.
Here are a few of the key elements that distinguish catastrophic injuries:
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Permanent disability or impairment that significantly limits an individual's ability to work, live independently, or perform everyday activities. In some cases, catastrophic injuries include paralysis, loss of a limb, or severe brain damage.
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Long-term or lifelong medical care, including extensive treatments, rehabilitation, ongoing care, and more. In some cases, individuals with catastrophic injuries require assistance with daily activities, expensive medical equipment, and routine doctor's visits.
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Severe impact on quality of life that goes beyond physical limitations and may affect emotional, psychological, and social well-being. This may also include chronic pain, depression, loss of companionship, and more.
Individuals who suffer catastrophic injuries typically never recover fully from them. Unlike other types of injuries, even serious ones, catastrophic injuries typically impact an individual for life, causing a victim to incur ongoing financial and personal losses.
What Types of Injuries Qualify as Catastrophic?
Catastrophic injuries are those that have severe, long-lasting, or permanent effects on a person's ability to live a normal life and function independently. Although California law does not list specific injuries as ‘catastrophic,’ the following injuries are typically considered catastrophic due to their impact on an injury victim’s life:
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Traumatic brain injuries (TBIs). Specifically, those that cause permanent disabilities, including memory loss, impaired motor function, debilitating behavioral challenges, and obstacles to everyday living.
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Spinal cord injuries. Result in permanent loss of function as a result of partial or complete paralysis, affecting mobility, sensation, and bodily function
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Severe burn injuries. Injuries that cause permanent disfigurement, loss of function, significant emotional trauma, and extensive medical interventions or long-term rehabilitation
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Amputations or loss of limbs. Result in permanent disability and require the use of prosthetics, rehabilitation, and significant lifestyle adjustments
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Multiple bone breaks and complex fractures. This leads to permanent impairment, chronic pain, multiple surgeries, and prolonged treatments and rehabilitation
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Severe damage to vital organs. Damage such as the heart, lungs, liver, or kidneys that require ongoing medical interventions and may reduce life expectancy
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Partial or complete vision or hearing loss. Resulting from trauma or disease that significantly impairs an individual’s ability to live independently, maintain employment, or interact with the world
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Severe neurological disorders. Resulting from trauma, such as severe nerve damage or degenerative disease that leads to substantial impairments
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Permanent physical or mental disability. Prevents an individual from returning to their previous lifestyle and requires ongoing care, lifestyle modifications, and financial support
This is not an exhaustive list of catastrophic injuries but rather some of the most common. Due to the substantial implications they have for a victim’s life and well-being, navigating catastrophic injury claims involves a number of complex considerations, which we will discuss below.
Key Legal Considerations for Catastrophic Injury Claims
Unlike a strain or simple fracture, catastrophic injuries require ongoing treatments and carry serious implications for an individual’s future. They often result in long-term care or lifestyle modifications that are expensive or impossible to finance without substantial compensation, which is why seeking maximum compensation is critical.
A dedicated catastrophic injury attorney can help you seek compensation to cover extensive medical treatment, long-term care, loss of income, and other damages. When designing the best legal strategy for your case, your attorney will assess the following:
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Liability and fault. One of the first things your attorney will establish is who is at fault for your injuries, which may involve proving negligence, strict liability, or intentional harm. Next, they will collect the necessary evidence to demonstrate liability, including medical records, accident reports, witness statements, expert testimony, and more.
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Economic and non-economic damages. To help you recover maximum compensation, your attorney will calculate the full range of damages, including economic (calculable financial losses) and non-economic damages (compensation for intangible losses, such as pain and suffering).
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Long-term care needs. Your attorney will consider your future medical needs, such as ongoing treatments, surgeries, and rehabilitation, to ensure your settlement includes compensation for your future needs. They will also assess whether your injuries necessitate vocational rehabilitation and other quality-of-life considerations.
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Legal strategies. A skilled injury lawyer will also evaluate whether pursuing a settlement or going to trial is most advantageous for your situation. They will negotiate aggressively with insurers and the at-fault party’s legal team on your behalf, pushing for a settlement that reflects the full extent of your damages.
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Comparative negligence. California follows a doctrine of pure comparative negligence, meaning a plaintiff’s damages may be reduced by their percentage of fault in causing their own injury. A deep understanding of this principle and its impact on injury law is critical for securing your maximum compensation.
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Impact on family members. Catastrophic injuries often carry implications for a victim’s family members and may warrant damages related to loss of consortium and, in the most tragic cases, wrongful death.
These are just a few of the many factors your attorney will consider when devising the most advantageous legal strategy for your case. Legal representation is critical to mitigating the profound losses associated with catastrophic injuries. However, not all personal injury attorneys are equally adept at securing the compensation you deserve.
Case Barnett Law: Trusted Catastrophic Injury Attorneys in Orange County, California
Catastrophic injuries can render an individual’s life unrecognizable, and coping with their new reality often requires extensive medical, financial, and social support. One of the most important things that a catastrophic injury victim can do for their future is partner with an experienced legal professional to pursue a comprehensive settlement. Schedule a free case evaluation with our law firm to speak with a compassionate attorney about your recoverable damages.