Many injury victims will eventually recover from their injuries. Those who can’t might consider their injuries “catastrophic.”
Catastrophic injuries are injuries that result in permanent or ongoing care needs and disabilities. These often involve amputation, brain injuries, and spinal cord injuries, among others. Catastrophic injury victims may face these injuries in all kinds of accidents, even surprisingly simple ones. In any case, the costs of these cases are often quite high, and your future might depend on getting full compensation.
For a free case review about your injuries, call Rhatigan Law Offices’ Illinois personal injury attorneys at (312) 578-8502.
What Counts as a “Catastrophic Injury”?
Categorizing injuries as “catastrophic” is something personal injury lawyers do to emphasize just how serious they are. There is no technical legal definition, but cases are said to involve catastrophic injuries when they alter your life going forward, usually in these ways:
Permanent Damage
Injuries that permanently affect you are often deemed “catastrophic.” This can involve permanent amputations or ongoing disabilities that cannot be reversed, despite the best medical care available.
Effects on Your Work Ability
Catastrophic injuries are often disabling, in the technical/legal sense. This means the injuries prevent you from returning to work at full capacity. This could leave you unable to work at all or force you to take a simpler job just to get by.
Effects on Activities of Daily Living
Another effect of permanent injuries and newfound disabilities is an effect on activities of daily living. If you now need help dressing yourself, caring for yourself, getting around the house, or performing chores/errands, then your injury is often considered catastrophic.
Ongoing Care Needs
Many people with catastrophic injuries need around-the-clock care, or at the very least ongoing physical therapy, medical procedures, and medication.
Examples of Catastrophic Injuries
The following are typically considered catastrophic injuries:
- Amputation
- Traumatic brain injuries (TBI)
- Spinal cord injuries (SCI) causing paralysis
- Crush injuries
- Lost function injuries
- Serious burns
- Avulsions (amputation by tearing away)
- Lost senses (e.g., vision or hearing).
Common Causes of Catastrophic Injuries
Catastrophic injuries can happen from all kinds of sources, but the following are somewhat common causes:
- Fires and explosions
- Serious car accidents
- Serious workplace accidents
- Construction accidents
- Dangerous property accidents
- Defective and dangerous product injuries.
Damages Available in Catastrophic Injury Cases
Some damages pay you back while others are there to punish the wrongdoers who hurt you.
Compensatory Damages
Most accident claims involve these three areas of damages to compensate you for what happened, and catastrophic injury cases are no different:
- Medical damages to pay for the cost of past and future medical care
- Lost wages to cover your past and future lost income and earnings
- Pain and suffering damages to cover things like emotional distress, mental anguish, and pain/discomfort.
These damages are often higher in catastrophic injury cases than in other cases because they have to account for future, ongoing costs, as well as the fact that more serious injuries simply need more care and cause worse harm. Other cases may see a victim totally healed within a few months, leaving lower future/ongoing damages, cheaper medical bills, and less pain and suffering.
Punitive Damages
Accidents that cause serious, ongoing, life-altering injuries often stem from exceptionally dangerous conduct the defendant should have known to avoid. There are higher standards of conduct and proof required before a court can issue punitive damages, but they can punish the defendant, deter future similar conduct, and put more money in your pocket.
How Do I Bring a Case for Catastrophic Injuries in Illinois?
As soon as you are injured, you should start taking steps to get better – as much as possible – and build a strong case.
Get Medical Care
After the accident, get all medical care you need. Whether this involves surgeries, specialist visits, or long hospital stays, you should get all the care you deserve.
Collect Evidence
Collecting evidence at the scene is often impossible for people facing very serious injuries, but a friend or loved one can help. Contacting our lawyers quickly can also allow us to start taking photos, talking to witnesses, tracking down security footage, and more.
Call a Lawyer
Before dealing with any insurance companies or defendants, call a lawyer. We can take care of the remaining steps for you and help you understand what your case is worth.
File a Claim
Claims can often be filed through insurance. However, when insurance companies see high-dollar claims and permanent injuries, they often shut down negotiations or offer only a fraction. They typically avoid paying claims at full value just because they are expensive.
However, if you have evidence that their policyholder was at fault and you can prove your injuries were serious, we can fight your case in court for you. When the judge and jury hold the defendant responsible, they and their insurance have to pay for the full damages the jury finds.
Catastrophic Injury FAQs
Does My Insurance Have Higher Coverage for Catastrophic Injuries?
Some states have higher coverage rates for serious or catastrophic injuries under state minimum insurance rules. Illinois is not one of them. When choosing a coverage amount, consider the chance that you might face catastrophic injuries and need a high policy limit for any first-party coverages you may have (e.g., MedPay, UM/UIM).
Does Insurance Have to Pay for Catastrophic Injuries?
Insurance policies have to pay for any injury they cover, up to policy limits. Insurance companies might not like covering catastrophic injuries because they are more expensive, but they are still required to do so.
Is Proving a Catastrophic Injury Case Harder?
Insurance companies may be reluctant to pay catastrophic injury cases because they are more expensive. Even so, these cases often have overwhelming evidence, making it easier to prove the case to a jury.
Should I See Specialists After a Catastrophic Injury?
When you get injured, you should get whatever care is necessary to treat your condition and provide evidence of the condition and its severity. This often means seeing specialists, especially for amputations, brain injuries, and spinal cord injuries.
Do Catastrophic Injury Cases Pay for Wheelchairs and Prosthetics?
People facing catastrophic injuries often need prosthetic limbs and/or wheelchairs, as well as adaptive changes to their homes to allow them to perform activities of daily living. These costs can often be claimed in your case.
Call Our Personal Injury Lawyers in Illinois Today
For your free case review, contact Rhatigan Law Offices’ Naperville, IL personal injury lawyers at (312) 578-8502.
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