Catastrophic injury cases, unlike other personal injury cases, involve severe injuries that
usually leave the plaintiff in a debilitating state. Because of these
key differences, catastrophic injury cases are typically handled differently.
The damages in these types of cases are higher and arguing to prove negligence
faces its own set of obstacles. In this blog, our
Oneonta personal injury attorneys explain how the legal system defines catastrophic injuries and how these
cases differ from others.
What are catastrophic injuries?
Catastrophic injuries are defined as “consequences of an injury that
are permanent and prevent an individual from performing any gainful work.”
Catastrophic injuries are not only grave in nature but will often require
continuous and long term medical care. Loss of limbs, spinal cord injuries,
and traumatic brain injuries can all be classified as a catastrophic injury.
To determine if an injury is considered catastrophic, the following factors
will be taken into account:
- The injury’s debilitating nature
- The impact the injury has on the victim’s quality of life and livelihood
- The likelihood that that victim will be able to return to his or her previous
line of work
The Key Differences in Catastrophic Injury Cases
Should the defendant be found liable for the victim’s injuries, he
or she will be required to pay damages that “make the plaintiff
whole.” In short, this means that the compensation the plaintiff
receives is enough to cover for any and all economic and non-economic
expenses, including pain and suffering and loss of quality of life.
Scarzafava & Basdekis, our Oneonta personal injury attorneys are often referred to as the “Lawyers
for the People.” We have decades of legal experience to bring to
the table and use our powerful voice to advocate on behalf of those who
need it most.
Let us help you! Call our firm at (607) 229-1885 to
schedule your initial case consultation.