Recoverable damages for a catastrophic injury in Orange CountyOur Orange County Attorneys Explain the Types of Damages You Might Recover in a Catastrophic Injury Lawsuit

The body isn’t meant to withstand extreme impact or the kind of force exerted on a driver or passenger in a car accident or on someone who falls or has a sports-related accident. When a person suffers that type of trauma, it’s likely they’ll face catastrophic and life-altering injuries.

If you or a loved one suffered a catastrophic injury by another person’s negligence, you have a legal right to hold that person responsible. Our experienced Orange County personal injury lawyers at Case Barnett Law will work to get you the maximum financial compensation you deserve. While we know that money can’t change the devastation of the injury you’ve suffered, it can help you get the care you need to live as independently as possible.  Here, we discuss the types of damages you might recover after your injury.

The Definition of Catastrophic Injury

In general, catastrophic injuries involve severe harm that results in paralysis, traumatic brain injury, spinal cord injury, disfigurement and scarring, loss of a limb, or blindness or deafness. This type of injury typically means the victim is prevented from performing any gainful work and may face any of the following:

  • Permanent disability
  • Significant loss of function
  • Severe, negative impact on quality of life

When the victim is permanently or temporarily disabled, everything in their life can change: their marriage, employment, future plans, and their independence. Most victims face emotional devastation along with the financial hardship of their injuries.

Long-Lasting Complications From Catastrophic Injuries

An injury is characterized as catastrophic when it has a lasting or permanent effect on the victim. This type of injury severely changes the victim’s circumstances, making it nearly impossible for them to resume a normal life. This often means the victim may no longer be able to enjoy life the same way they did prior to the accident. Although a catastrophic injury is different for each individual, victims can face the following life-long complications:

  • Mental incapacity. A catastrophic injury could cause a mental disability, such as brain damage. This disability could change the way a victim talks, moves, thinks, and behaves.
  • Decreased quality of life. A victim’s enjoyment of life can be negatively impacted when they suffer a catastrophic injury. Depending on the severity of the injury, they may feel depressed, experience low self-esteem, or suffer post-traumatic stress disorder (PTSD) due to the significant changes in their life and inability to engage in daily activities.
  • Employment and financial problems. A catastrophic injury can take a victim out of the workplace or force them to take a different job, and the financial impact of this type of injury can be overwhelming. Some victims face millions of dollars in medical bills during their lifetimes.

Potential Recoverable Damages for a Catastrophic Injury Lawsuit in Orange County

A catastrophic injury often brings with it enormous financial costs. The required medical care, paired with the inability to work, leads to financial struggles for many accident victims. Pursuing a personal injury lawsuit can be the best way to recover these costs. A successful settlement or judgment award can pay a plaintiff for many expenses associated with a catastrophic injury, such as the following:

  • Medical bills. The victim is entitled to compensation for all necessary medical care related to the injury. This can include emergency care, hospitalizations, surgeries, doctor visits, prescriptions, mobility devices, and home health assistance.
  • Future medical care. Victims of catastrophic injuries often require extensive ongoing treatment. Your Orange County personal injury attorney should account for the anticipated costs of your future medical needs.
  • Specialists and rehabilitation. Your compensation should account for needed specialists to diagnose and treat critical and specific aspects of your injuries.
  • Travel and transportation. Your compensation should include transportation costs to and from doctor appointments and all necessary travel related to your injury.
  • Lost wages. If you must miss work temporarily or are permanently disabled, you can recover compensation for your lost income, as well as compensation for future lost wages. This also includes reduced earning potential.
  • Property damage. If your personal property was damaged when you were injured, you can seek reimbursement for the repair or replacement of that property.
  • Home and vehicle modifications. If you have to make modifications to your home, such as building a ramp to your door, or you must make changes to your vehicle, your compensation should include these costs.

Compensation for Intangible Losses: Non-Economic Damages

Non-economic damages compensate catastrophic injury victims for non-tangible losses. Although these are often more difficult to quantify, they’re just as real and valid as economic losses. Types of non-economic damages include the following:

Pain and Suffering

The physical pain and emotional anguish you've endured can be compensated through a pain and suffering award. Factors considered include the severity of your injury, the invasiveness of your treatment, and your anticipated recovery period.

Emotional Distress

Many catastrophic injury victims experience depression, anxiety, PTSD, and other mental health challenges. An emotional distress award recognizes the psychological toll of your injury.

Scarring and Disfigurement

If your catastrophic injury left you with permanent scars or disfigurement, you may be entitled to compensation. This type of award is particularly common in burn injury and amputation cases.

Loss of Enjoyment of Life

Catastrophic injuries frequently prevent victims from participating in activities and hobbies they once loved. If your quality of life has diminished, this damage category provides compensation.

Loss of Consortium

Spouses and domestic partners can be compensated for the loss of companionship, affection, and intimacy experienced due to a loved one's catastrophic injury. In the case of wrongful death, loss of consortium damages may also be available to the victim's children.

Punitive Damages

Although not common, it’s possible that the victim of a catastrophic injury can be eligible for punitive damages. This type of compensation is only awarded when the defendant's actions were fraudulent, malicious, or grossly negligent. For example, punitive damages may be assessed against a drunk driver who caused a devastating car accident or a trucking company that encouraged its drivers to violate Hours of Service regulations. Punitive damage awards are meant to punish the wrongdoer and deter similar misconduct.

Claim a Free Consultation With Our California Personal Injury Lawyer

At Case Barnett Law, we know that finding the right personal injury lawyer for your accident can be crucial to your success. Luckily, we bring all the essentials to the table: experience, communication skills, a proven track record, and, most importantly, a commitment to our clients’ well-being.

You can find out whether you have a valid case at no cost to you. That’s because we offer free consultations. To request a free consultation with our team, reach out by calling 949-409-0055 or filling out the online contact form below. We proudly serve clients throughout Costa Mesa, California, and the surrounding areas.