Establishing Negligence
What are the different types of injuries that can fall under negligence?
A catastrophic injury is a severe physical injury or health condition that causes permanent or long-term disability, longstanding health consequences, and considerable emotional damage. Catastrophic injuries affect the individual considerably, as they are life-altering and significantly impact their ability to perform daily activities or work.
Catastrophic injuries include:
- Traumatic brain injuries (TBI) result in significant cognitive impairment or physical disabilities
- Severe spinal cord injuries that cause paralysis
- Severe burns that impair mobility or result in disfigurement
- Amputations or loss of one or more limbs
- Severe organ damage or organ failure
- Total or significant loss of vision or hearing
Catastrophic injuries typically require ongoing medical treatment and rehabilitation, which imply high costs. They can also result in emotional and psychological trauma, such as PTSD, for the injured person and their loved ones.
What are my rights if I suffered a catastrophic injury?
In the immediate aftermath of a car accident, taking the proper steps can significantly influence the outcome of any future claims or legal actions. Here’s a guide on what to do.
Personal injury lawsuit or worker's comp claim
Catastrophic injuries may warrant filing a personal injury lawsuit or a workers’ compensation claim if another party’s negligence causes the injury.
Negotiation & mediation
The involved parties may negotiate and mediate to reach a settlement agreement, potentially speeding up the process.
Proceeding to lawsuit & trial
If a fair settlement cannot be reached, the injured party can move forward with a lawsuit and trial to seek appropriate compensation.
When to file for a catastrophic injury compensation claim
Car, truck, and motorcycle accidents are probably the most common cause of catastrophic injuries. They can cause traumatic brain injuries, spinal cord injuries, and loss of limbs to drivers or passengers of the colliding car(s). Pedestrians hit by a vehicle also fall under this category.
Negligent drivers may cause accidents when they drive too fast for traffic and weather conditions or for too many hours without the necessary rest stops, drive under the influence, or are distracted by texting.
You may claim compensation if another driver has caused a traffic accident from which you have suffered catastrophic injuries.
Injuries at the workplace, such as falls, machinery accidents, exposure to toxic chemicals, or construction site accidents, are common causes of catastrophic injuries. The injured employee may claim compensation when the employer fails to conform to safety guidelines or shows negligence in securing safe working conditions.
Defective consumer products or industrial equipment can cause explosions, fires, electrocution, or falls. Product users suffering from catastrophic injuries due to product defects may claim compensation.
Product defectiveness includes design defects, manufacturing fails, and even the lack of adequate warnings or instructions about using the product, leading to misuse that causes a catastrophic injury.
Medical errors are, unfortunately, a common cause of catastrophic injuries, which are particularly complicated to prove. Medical malpractice may include surgical errors, misdiagnoses, and medication errors.
Victims of violent assault, including shootings and stabbings, often suffer from catastrophic injuries, such as gunshot wounds and traumatic brain injuries. Acts of violence are a particular case of a claim, as they typically imply a penal code infraction.
Several more cases of negligence can cause catastrophic injuries, such as accidents while you are passing by a construction site without being employed there, injuries during sports events where safety measures are not observed, a violent dog that attacks a child, etc.
Whatever the incident that causes catastrophic injuries, if another party is liable for it, you may claim compensation for various costs and damages attached to the injuries.
If you or a loved one is the victim of catastrophic injuries as the result of the negligence of another party, then you may claim compensation for medical expenses, lost wages, and other damages resulting from the injury.
What does a catastrophic injury claim cover?
A catastrophic injury claim may include compensation for economic and non-economic damages. Hiring an experienced personal injury lawyer at the early stages of a catastrophic injury claim allows for guidance on the timing of the claim. As Colorado’s #1 Personal Injury Attorney, our team at Legal Help in Colorado has seen all kinds of catastrophic injuries and the damage they can cause, so we can help you ensure that damages are properly assessed and claimed timely.
Economic damages
Economic damages include costs for which you can provide bills, invoices, or contracts that imply income. These include:
- Medical expenses for medical treatment, including hospitalization, surgery, medication, rehabilitation, and ongoing care
- Lost income as a result of the injury, including past and future lost wages, bonuses, and benefits
- Ongoing care and rehabilitation costs to manage the injury and improve the person’s quality of life
- Property repair or replacement expenses, in order to repair or replace property damaged in the incident that caused the injury, such as a vehicle or other personal property
Non-economic damages
Non-economic damages, on the other hand, are intended to compensate the injured person for non-monetary losses, such as pain and suffering, emotional distress, and loss of enjoyment of life. For example, an injured person may file a compensation claim for:
- Pain and suffering: Compensation for the physical and emotional pain resulting from the injury and the impact on the person’s quality of life.
- Emotional distress: Compensation for the emotional trauma resulting from the injury, such as anxiety, depression, and post-traumatic stress disorder (PTSD).
- Loss of enjoyment of life: Compensation for the loss of the ability to participate in activities and hobbies that the person enjoyed before the injury.
What needs to be proved in a catastrophic injury claim?
Proving a catastrophic injury requires establishing several key elements. These include the cause of the injury, the extent of the injury, its long-term effects, and the financial costs attached with the injury.
establishing the extent of the injury
To prove a catastrophic injury, showing the extent of the harm suffered is essential. This may involve presenting medical records, diagnostic imaging, or other documentation showing the severity of the injury and its impact on the person’s life.
Establishing the long-term effects of the injury
To be considered catastrophic, you must demonstrate injuries have lasting effects on the individual’s health and life. The claimant should be able to show that the injury impacted their ability to work, engage in daily activities, and enjoy life.
demonstrating the cause of the injury
To receive compensation, you also need to establish the cause of the injury. This may involve presenting evidence such as witness testimonies, police reports, or other documentation to show how the injury occurred and explain why the other party is liable.
demonstrating the financial costs attached to the injury
Catastrophic injuries often result in high financial costs, including medical expenses, lost income, care, and nursing costs, and even the fees for adapting the person’s residence to their new conditions of life (ex. using a wheelchair).
Why you should hire a catastrophic injury attorney
Extensive investigation & documentation is needed
Focus on your recovery instead of legal processes
Get advice on moving to trial or settling
Don't put yourself at risk of not receiving compensation
In some cases, an injured person is at risk of not recovering compensation.
Such cases typically concern the possibility of so-called contributory or comparative negligence. The liable party can claim that the injured person contributed to the cause of their injury and is partially at fault for their injuries. Depending on the laws in your jurisdiction, this may mean that you could be unable to recover compensation or that a judge may reduce recovery based on your level of fault.
The same risk exists if the liable party claims the injured person voluntarily assumed the risk associated with an activity, such as risks attached to deep diving lessons, bungee jumping, etc.
Get a qualified attorney to protect your best interests
A qualified personal injury attorney will advise on how to counter such allegations and will protect your best interest.
Ultimately, working with an experienced personal injury attorney such as Ross Ziev and his team at Legal Help in Colorado can help injured individuals make informed decisions about their legal options and pursue fair compensation for their injuries.
Knowledgeable. Compassionate. Dedicated.
We are your personal injury team.
Available 24/7 to take your call: (720) 743-3682