Catastrophic injuries are life-changing events that result in permanent disability and, in some cases, death.
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Catastrophic injuries are life-changing events that result in permanent disability and, in some cases, death. The lasting consequences of a catastrophic injury profoundly affect the victim, as well as the spouses, partners, dependents, caregivers, close friends, and relatives. The needs of the victim after a catastrophic injury may include the following
An extended period of disability may also result in a loss of income at a time when medical bills are mounting. Given the immense physical, emotional, and financial toll exacted by catastrophic injuries, it is in the best interest of victims and their families to seek professional legal assistance.
There are various medical, as well as legal definitions for catastrophic injury. California Labor Code refers to a catastrophic injury as including, but not limited to, loss of a limb, paralysis, severe burns, or a severe head injury. Other catastrophic injuries include damage to internal organs and permanent loss of vision or hearing. Sexual abuse may also be considered a catastrophic injury as it can result in long-term health effects, including severe anxiety, substance abuse, depression, eating disorders, post-traumatic stress disorder (PTSD), self-injury, and suicide.
For persons with catastrophic injuries, the road to recovery will be long and difficult. Their pain and disability may be permanent, requiring lifelong care and expensive treatment. The lasting effects of five common catastrophic injuries include the following:
In addition, trauma to the eyes, ears, or brain can result in partial or total loss of one of the senses, which can make life challenging for the victim.
Secondary conditions may also develop because of the primary catastrophic injury. These conditions may include the following:
Specific secondary conditions that may arise due to paralysis from spinal cord injuries include the following:
Family members may also suffer fatigue and emotional distress due to the burdens of acting as caregivers and handling the ongoing disruption of normal daily life.
There are many ways a catastrophic injury can occur, including the following:
The leading causes of catastrophic injuries are vehicular accidents, workplace accidents, and violent incidents, including those involving firearms.
Traumatic brain injuries and spinal cord injuries are often caused by a sudden violent blow to the head or spine. According to the Centers for Disease Control and Prevention (CDC), nearly 1.5 million people experience traumatic brain injury in the US each year.
More than 80,000 people experience long-term disability and 50,000 victims will die from traumatic brain injury. It is estimated that more than five million Americans are currently living with a permanent disability related to brain injury.
There are nearly 18,000 cases of spinal cord injury each year. Motor vehicle crashes are the leading cause of spinal cord injury in the U.S. Although these types of injuries can happen to anyone, men, especially between the ages of 16 and 30, are more at risk for spinal cord injuries. In the U.S., females account for only one in five of reported traumatic spinal cord injuries. Engaging in high-risk activities, including contact sports, increases the probability of catastrophic injury.
More than two million Americans are currently living with limb loss. There are approximately 185,000 new amputations each year. Traumatic injury accounts for about 45 percent of amputations. Nearly half of amputees die from cardiovascular disease within five years of their amputation.
Deaths and injuries from defective products cost Americans more than $1 trillion annually, according to the Consumer Product Safety Commission (CPSC). The CPSC is charged with protecting consumers from products that post risk of a fire, chemical, electrical, or chemical hazard. Examples of wrongful death and injuries from defective products include the following:
If you or someone you know was injured by a defective product, you may file a complaint with the CPSC. However, the agency is not obligated to investigate your claim. To determine the validity and potential value of your claim, contact a qualified personal injury lawyer.
The Bureau of Labor Statistics (BLS) tracks the number of work injuries reported each year. Although the BLS does not count catastrophic injuries per se, it does break out totals for fatal and traumatic injuries. Totals for 2018 include the following:
Occupations facing a high risk of catastrophic injury include pilots, roofers, loggers, fishermen, and construction workers.
Addressing the needs of a catastrophic injury victim may require multiple types of services, equipment, and support systems. The cost of care can be substantial, and may include paying for any combination of the following:
Patients may not have health insurance to cover these costs. Medicaid may be available to cover some costs, however, less than three percent of catastrophic injury victims are covered by Medicaid.
A catastrophic injury may be the result of negligent actions by one or more parties. Victims of catastrophic injury caused by negligence or willful endangerment can pursue legal action against those responsible. A catastrophic injury claim can help victims recover compensation for their suffering, including:
Danny Abir is one of the founding partners of ACTS LAW and currently serves as its managing partner. He is responsible for running the day-to-day operations of the firm. Equally as important, Danny leads the strategic planning of clients’ cases in the areas of property damage claims, insurance bad faith, catastrophic personal injuries, and products liability.
Years of experience: 20 years
Bar number: #177358
Location: Los Angeles, CA
A catastrophic injury claim can result in substantially higher compensation than other personal injury claims, but they are also more complicated. In California, there are statutes of limitations for pursuing certain types of lawsuits.
The amount of money a victim obtains for a catastrophic injury claim will vary widely. Each case is different, and results of a lawsuit cannot be guaranteed. The experienced attorneys at ACTS LAW, LLP have collectively recovered more than $500 million for personal injury victims. The following represent examples of past cases that were successfully handled by our firm:
How is Negligence Determined in California?
California civil code specifies that individuals are responsible for injury caused to another by want of ordinary care or skill in the management of their own property or person. In other words, if a defendant, using reasonable care, skill, or judgement, should have foreseen the possibility of causing harm to someone, then the defendant may be found to have been negligent. Most states have very similar definitions of negligence. However, when both parties are partially at-fault, state laws vary in interpreting the degree to which negligence is shared.
California’s civil code allows for comparative negligence in situations where both parties are partially at-fault. For example, if the plaintiff is 40 percent at-fault and the defendant 60 percent at-fault, the plaintiff may be ordered to pay 40 percent of the defendant’s damages and the defendant may be ordered to pay 60 percent of the plaintiff’s damages.
State laws are always subject to change. Victims of catastrophic injuries should seek the counsel of an experienced attorney who knows the law to ensure they obtain the best possible outcome for their case. While financial compensation cannot undo the suffering endured by victims and their families, it can help relieve the financial burden so they can focus on rebuilding their lives.
If you or a loved one suffered a catastrophic injury, call the Los Angeles catastrophic injury lawyers at ACTS LAW, LLP. We have the knowledge and resources to reconstruct the circumstances of your case and fight to ensure that you are receiving the maximum compensation to which you are entitled. With offices conveniently located in Los Angeles and San Diego, we provide comprehensive representation throughout southern California. Call us today at 833-228-7529 or contact us online for a free consultation.
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