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.
At Scarzafava, Basdekis & Dadey, PLLC, 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) 228-8404 to schedule your initial case consultation.