A catastrophic injury can have a debilitating effect on your physical and psychological wellbeing. If the wrongful conduct of another person caused permanent damage to your health, you are entitled to fair compensation.
The lawyers at Adamson Ahdoot LLP have more than 100 years’ collective experience in injury cases in California. As injury lawyers, we set out to help clients obtain the maximum compensation to cover lost income, bills, and future medical expenses.
To learn more about catastrophic injury law and the protection it offers to personal injury survivors, contact us today at (877) 871-3265 and schedule an initial consultation with an injury attorney.
What is a Catastrophic Injury?
The legal definition of a catastrophic injury differs from state to state, but generally, it means a personal injury that results in any of the following:
- Long-term medical problems
- Permanent disability
- Difficulty maintaining the same quality of life as before your injury
- Decreased life expectancy
A catastrophic injury differs from a standard personal injury in terms of scale and duration of the damage. If an incident results in an injury so severe that it changes your life permanently, the injury qualifies as catastrophic. Your injury attorney can determine if your injury falls under this category.
Types of Catastrophic Injuries
The most common catastrophic injuries include:
- Spinal cord injuries that typically affect mobility
- Amputations resulting in permanent disability
- Internal organ damage
- Severe burn injuries
- Traumatic brain injuries
These injuries may also result in severe emotional trauma or mental health conditions. If you sustained a catastrophic injury, you might require extensive medical treatment, rehabilitation or therapy, or permanent personal assistance.
Duty of Care and Breach of Duty
If someone else caused your catastrophic injury, you have the right to hold that party responsible and file a claim for compensation. As the plaintiff in a catastrophic injury claim, you must prove that the person who caused the injury owed a duty of care.
A duty of care represents a legal obligation that a person must adhere to a standard of reasonable care when carrying out any action that presents a potential danger to others. For example, a motorist owes a duty of care to pedestrians and others on the road to drive safely.
Additionally, the plaintiff must show that the defendant committed a breach of duty. A breach of duty can occur through a person’s actions—for example, reckless driving. A lack of action can also constitute a breach of duty, including failure to replace worn tires on a vehicle.
Causation represents another element of a catastrophic injury claim. The damages that the plaintiff suffered must be the direct result of the defendant’s breach of duty.
The attorneys at Adamson Ahdoot LLP will consult with you and obtain all the necessary evidence to prove the elements of the claim. Your attorneys will also act on your behalf if the defendant contests the claim.
In addition to the duty of care, a breach of duty, and causality, the plaintiff in a catastrophic injury case must prove that they suffered harm as the result of the defendant’s conduct. In personal injury cases, the term “damages” refers to a financial measurement of the harm caused by the breach.
There are two types of damages: economic and non-economic. Economic damages involve tangible losses, such as the cost of medical care or rehabilitation. Economic damages also include the cost to repair property damages that resulted from the incident. The plaintiff can prove economic damages with bills, bank statements, and other transactional documents.
Non-economic damages cover intangible harm that the plaintiff suffered as a result of the incident and injury. Pain, suffering, emotional trauma, and mental anguish fall under this category.
No standard exists for assigning a financial value to psychological harm or other intangible losses. The plaintiff’s lawyer can submit documentation to prove their claims includes the documented opinions of doctors, mental healthcare providers, or an expert in a field related to the personal injury that the plaintiff suffered. The lawyers at Adamson Ahdoot LLP will help you file a claim for intangible harm.
In the case of wrongful death, the victim’s family can claim compensation for economic damages such as loss of income and the deceased’s medical costs. They may also be able to claim non-economic damages that resulted from the wrongful death.
In some cases, insurance companies will make a settlement offer. However, these offers may be significantly lower than what you can successfully claim. Without a catastrophic injuries lawyer representing your interests, your personal injury can result in severe losses.
Schedule a Free Consultation Today
If you suffered a catastrophic personal injury in Los Angeles, CA, you need the immediate legal assistance of a personal injury attorney with extensive experience in this area of the law.
The catastrophic injury lawyers at the law firm of Adamson Ahdoot LLP can walk you through complex personal injury claims. Our personal injury attorneys work with accident scene reconstructionists, the police, and witnesses to determine the cause of the incident and pursue compensation for you. Our lawyers will also communicate with the defendant and insurance company on your behalf.
You can receive the maximum compensation with a personal injury lawyer from our law firm on your side. Contact us today at (877) 871-3265 to schedule a free consultation with Adamson Ahdoot LLP.