Civil Justice Warriors

4 Elements of a Catastrophic Injury Claim

Catastrophic injury cases fall under the umbrella of personal injury, despite being uniquely different in comparison to a standard personal injury case. This is due to the fact that catastrophic injuries are often life-altering and permanently debilitating, requiring life-long treatment and care, which can become incredibly expensive over the course of one’s life. In addition to the financial cost, catastrophic injuries generally lower the quality of one’s life. That said, the elements involved in such cases are not dissimilar from what you would find in a personal injury claim.

Here are the 4 elements of a catastrophic injury claim:

  1. Duty: The at-fault party, or the defendant, owed a legal duty to the plaintiff to exercise reasonable care in their actions and to avoid engaging in acts that could cause harm to another person. Most people owe a duty of care at all times to avoid injuring others.
  2. Breach of Duty: Once it has been established that an individual has a duty, it must be proven that there was a breach of duty. This can occur either through one’s actions or even the lack of action taken to exercise reasonable care.
  3. Causation: For there to be a viable catastrophic injury claim, the plaintiff must have suffered injuries and those injuries must be the direct result of the defendant’s breach of duty or negligent behavior in a way that the defendant could have reasonably foreseen.
  4. Damages: The plaintiff must have suffered injuries or other trauma that resulted in monetary losses, such as medical bills or lost wages, and/or pain and suffering.

Common Catastrophic Injuries

Catastrophic injuries are generally defined as those which permanently prevent an individual from performing gainful work or enjoying the career or relationships he or she had prior to the incident. Here are some of the most common catastrophic injuries:

  • Spinal cord injuries
  • Traumatic brain injuries
  • Burn Injuries
  • Internal organ damage
  • Multiple bone fractures
  • Amputations

Individuals who sustain catastrophic injuries tend to require extensive emergency medical care and treatment, rehabilitative treatments, therapy, and even long-term personal assistance. For these reasons, these types of injuries tend to result in higher amounts of compensation to account for the financial expenses a survivor will face for the duration of his or her lifetime.

Catastrophic Injury Attorney in Dallas

If you or a loved one sustained permanent debilitating injuries due to another party’s negligence or reckless actions, you have a right to pursue the compensation you need and deserve. At Mathias Raphael PLLC Accident & Injury Lawyers, our Dallas personal injury lawyers are committed to recovering compensation on your behalf while you recover from your injuries. You should not have to go through this difficult time alone.

Contact our office today at (214) 739-0100 to schedule a free consultation with a knowledgeable member of our team.