In short, a catastrophic injury is one that prevents you from working. The legal definition of a catastrophic injury is established in Chapter 42 § 3796 b of the United States Code. It reads:
“catastrophic injury means an injury, the direct and proximate consequences of which permanently prevent an individual from performing any gainful work.”
Examples of Catastrophic Injuries
Using the definition above, we can find countless examples of catastrophic injuries. A severe burn to your hand, for instance, could keep you from working – you would not be able to type for an office job nor complete any kind of physical labor. The most common catastrophic injuries we see at our firm, however, are traumatic brain injuries (TBIs) and spinal cord injuries. These harms are usually caused by sudden, unexpected trauma, and they can interfere with your ability to control your muscles and process thoughts.
Other catastrophic injuries include:
- Internal organ damage
- Multiple bone fractures
- Limb loss and amputations
Catastrophic Injury Claims
Many victims of TBIs and spinal cord injuries need additional assistance with daily life, as well. That’s why attorneys help those affected file catastrophic injury claims. While compensation will not change what happened to you, it will account for missed wages and give you the resources you need to live a meaningful life even with new limitations.
When Can You File a Catastrophic Injury Claim?
You can file a catastrophic injury claim when your injury meets the definition we’ve established in this blog and fulfills other elements of a personal injury lawsuit. To prove negligence, you will need to show:
- The person who harmed you owed you a duty of care
- They breached that duty
- You suffered a catastrophic injury
- Their breach caused your injury
While every person owes a certain duty of care to those around them, some situations, like driving and healthcare, create more specific duties.
Catastrophic injury cases can arise in the following situations:
- Car accidents
- Construction accidents
- Motorcycle accidents
- Truck accidents
- Slip-and-fall accidents
- Acts of violence
- Use of defective products
If you have been catastrophically injured in any of the situations above, you may have a valid case. You can discuss your claim with our attorneys today.
Have You or Someone You Love Been Catastrophically Injured?
First and foremost, we are so sorry this happened to you. When you are ready, we can help you secure your future.
To get started, please call Mathias Raphael PLLC Accident & Injury Lawyers at (214) 739-0100 or contact us online for a free consultation.