If you’ve ever had to complete any kind of accident report or insurance form, you may have seen references to a “catastrophic accident” or “catastrophic injury.” Have you ever wondered what a “catastrophic accident” is? Although a catastrophe is a disaster, like an earthquake or wildfire, a “catastrophic accident” is a legal term of art that means something to a personal injury lawyer and insurance company.
You probably have not had a “catastrophic accident,” because if you have you would know it. A catastrophic accident affects the amount of compensation you’re entitled to receive if you suffer life-altering injuries due to the incident. If you are involved in such an accident, you need experienced legal representation by a personal injury attorney.
What is a Catastrophic Accident?
A catastrophic accident is a severe accident that results in life-altering and permanent impairments. These catastrophic injuries are more than just broken bones or whiplash. A victim who suffers such an injury may experience:
- Permanent physical disability or loss of cognitive function
- Loss of ability to perform daily living activities
- Be unable to work or care for themselves
- Require ongoing therapy, in-home care, or hospitalization
Although these injuries can occur after a car accident, they are often seen in heavy equipment accidents, construction collapses, and other traumatic events. Workplace accidents can be aggravated by poorly enforced safety regulations or lack of maintenance. This makes proving negligence responsibility in your case essential.
Catastrophic accidents may also occur in fires and industrial accidents that involve chemicals. Burns or inhaled gases can cause the same types of catastrophic injuries as any other serious accident, but may not be considered as such by victims. If your injuries have any long-term impact, they are “catastrophic” regardless of their cause.
Proving a Catastrophic Injury Case
Proving negligence in a catastrophic accident claim is similar to any other negligence claim, but the stakes are much higher. Victims need an experienced attorney who is familiar with the elements of liability in a personal injury claim.
Establishing negligence means showing that the other party had a duty to behave in a certain way, failed to act responsibly, and their failure was the cause of the victim’s injuries. However, in a catastrophic injury case, the victim must also show that their injuries are unusually severe and will require additional compensation for long-term care.
At the Brand Law Group, we can get expert medical witnesses who can explain how your injuries will affect your life, and what kind of care or rehabilitation you may need in the future. We will also help obtain expert testimony that helps establish the defendant’s duty and acts or omissions and how they may have caused your injuries.Catastrophic accidents are fortunately rare, but the injuries are devastating when they happen. You have a limited time to file a legal claim after even the most catastrophic injury, so contacting an attorney as soon as possible is essential. Contact us today if you need help with your case.
