In essence, any life-altering injury with severe and life-long effects can be classified as a “catastrophic injury.” It may cause a long list of other serious damages such as medical expenses, loss of income, loss of earning capacity, and pain and suffering.
Not only does a catastrophic injury affect the victim but also his or her family members, who will have to provide the injured with life-long supervision and support.
This type of injury can be caused by any traumatic event such as a car accident, construction accident, defective product, and many more.
What Makes an Injury Catastrophic?
Not all injuries are created equal. Catastrophic injuries are those that result in long-term or permanent disabilities, severe disruption in quality of life, and extensive financial burdens. What sets these injuries apart is their profound impact on the victim’s ability to perform everyday activities, pursue a career, or live independently.
Common factors that qualify an injury as catastrophic include significant damage to the brain, spinal cord, or other major body systems. Victims may require lifelong medical care, extensive rehabilitation, or assistive devices. The ripple effect often extends to families, who may face emotional and financial stress while providing continuous care and support.
What Injuries Can Be Classified as ‘Catastrophic’?
While the effects of a catastrophic injury differ from one case to another, more often than not, this type of severe injury negatively affects the central nervous system, which, in turn, can affect many other systems in the body. These are some of the most common examples of a catastrophic injury:
- Spinal cord injury
- Traumatic brain injury or head trauma
- Amputation or loss of a limb
- Bone fractures
- Loss of vision due to an eye injury
- Loss of hearing
- Internal bleed or organ damage
- Foot or leg injury
- Hand or arm injury
- Back injury
- Neck and shoulder injury
- Paralysis
- Paraplegia
- Quadriplegia
- Burn injury
- Scarring and disfigurement
This is a non-exclusive list of injuries that can fit the legal definition of a “catastrophic injury.” Our Pittsburgh catastrophic injury lawyer at Shenderovich, Shenderovich & Fishman explains that all of the above injuries are severe in their nature and can cause life-long suffering and disabilities.
What Are the Common Causes of Catastrophic Injuries?
But where can you sustain a catastrophic injury? Contrary to popular belief, you do not necessarily need to be injured in a car crash in order for your injury to be classified as “catastrophic.” In fact, other common causes of a catastrophic injury include but are not limited to:
- Motorcycle accident
- Bicycle accident
- Truck accident
- Pedestrian accident
- Electric scooter accident
- Uber or Lyft accident
- Construction accident
- Slip and fall accident
- Medical malpractice
- Workplace injury
- Injured by a defective or dangerous product
What Makes Catastrophic Injury Cases Unique?
Whenever you have been injured as the result of someone else’s negligence and are seeking compensation for your medical bills, lost wages, and pain and suffering, it is wise to enlist the help of an attorney because the insurance company for the other party will be represented by a horde of lawyers. A qualified personal injury lawyer can optimize your chances of recovering the full amount of compensation for which you may be eligible.
Not all personal injury attorneys have the knowledge, skill, and experience to handle catastrophic injury cases. If you have been injured in a manner that permanently limits your ability to secure gainful employment and has other long-term consequences, like the need for medical care for the rest of your life, you need to hire an attorney who has experience representing the victims of accidents resulting in catastrophic injuries.
Determining the Monetary Value of a Victim’s Medical Bills and Lost Wages is Complex
If someone is involved in an accident that results in only fairly minor injuries, while they may still need medical treatment and might not be able to return to work right away until they have recovered, eventually, they will stop incurring financial losses associated with their accident.
Their treatment will stop, and they will be able to return to work and begin earning a wage again.
Determining how much compensation a victim may be eligible to recover in these circumstances is not a particularly complex task for most personal injury attorneys. They can simply review medical bills, documentation of lost wages, and other evidence to calculate lost wages.
Determining how much compensation someone may deserve when they have sustained catastrophic injuries is a far more complex process. These injuries may prevent someone from working for the rest of their life. Their attorney must therefore estimate how much money they could have earned over the course of their lifetime had they not been injured, including the value of lost raises and bonuses.
A victim will often require ongoing medical treatment after sustaining a catastrophic injury. A lawyer must also account for this when filing a claim or lawsuit. They must consider not only what a victim has already spent on medical treatment, but what they may likely have to spend in the future for long-term care.
Accounting for Non-Economic Losses May Be Necessary
Calculating how much compensation a victim is eligible to recover in a catastrophic injury case may be relatively complicated not only because doing so will involve calculating the cost of ongoing medical treatment and the amount of money a victim could have earned had they not been harmed, but also because victims of catastrophic injury accidents often tend to be left with losses and damages that do not have objective dollar values.
For example, someone who has been seriously injured may have to struggle with lifelong pain. Physical and emotional pain do not have dollar values in the same clear and transparent way that medical bills do.
Catastrophic injury victims deserve to be compensated for their pain and suffering, scarring and all other losses. A qualified Pittsburgh catastrophic injury attorney has the knowledge, skill and experience to determine the financial value of an injured victim’s pain and suffering and other losses.
How to File a Catastrophic Injury Lawsuit
If you or a loved one are dealing with a catastrophic injury, filing a lawsuit may be necessary to recover damages. The process typically includes the following steps:
- Consultation with an Attorney: Meet with a catastrophic personal injury lawyer to review the details of your case and determine if legal action is appropriate.
- Evidence Collection: Gather relevant evidence, such as medical records, accident reports, witness statements, and photos or videos of the incident.
- Identify Liable Parties: Determine who bears responsibility for the injury, whether it’s a negligent driver, business owner, medical provider, or product manufacturer.
- File a Claim: Your attorney will draft and submit a personal injury claim to initiate the lawsuit and begin negotiations.
- Negotiate or Litigate: Most cases are resolved through settlements, but if negotiations fail, your catastrophic injury law firm will take the case to trial to fight for maximum compensation.
Types of Compensation Available in Catastrophic Injury Cases
Victims of catastrophic injuries may be entitled to several types of compensation, including:
- Medical Expenses: Current and future treatment costs
- Lost Wages and Earning Capacity: Compensation for time missed at work and future income loss
- Pain and Suffering: Physical and emotional damages
- Rehabilitation Costs: Therapy, occupational training, and assistive technology
- Home Modifications: Building ramps, widening doors, or installing medical equipment
- Loss of Consortium: Emotional distress experienced by family members
An experienced catastrophic injuries attorney knows how to maximize compensation by building a compelling case.
Who is Liable in Catastrophic Injury Cases?
Liability in catastrophic injury cases varies depending on the circumstances. Potentially responsible parties include:
- Negligent drivers or vehicle operators
- Property owners who failed to address hazardous conditions
- Employers for workplace safety violations
- Manufacturers of defective products or equipment
- Medical professionals in cases of malpractice
Your attorney for catastrophic injuries will carefully investigate the case to identify all liable parties and pursue compensation.
Can I Afford to Hire a Pittsburgh Catastrophic Injury Lawyer?
If you sustained a life-changing injury, you are likely facing significant financial difficulties. Odds are your injury requires costly medical treatment. It could even leave you in need of ongoing care.
Additionally, a catastrophic injury can negatively impact a victim’s ability to work. You may now be permanently unable to work. This will make paying your medical bills even more difficult than it already is.
When facing these types of economic challenges, it’s entirely understandable that you might fear you can’t justify the cost of hiring an attorney when there is no absolute guarantee that you will win your case and receive a payout.
This is a natural concern to have. That doesn’t mean it’s a necessary one.
Your initial consultation at our Pittsburgh catastrophic injury law firm is free. During this meeting, you can review the details of your case and learn more about your legal options.
If you decide to retain us, it’s also critical to understand that we represent our clients on a contingent fee basis. This means that you do not owe us a penny until we win your case, and when we win, our fee is the lowest advertised contingent fee in Pittsburgh.
Pittsburgh Catastrophic Injury Cases: How Do Contingent Fee Agreements Work?
A contingent fee agreement is a type of fee arrangement in which a lawyer agrees to represent a client in a personal injury case, such as a catastrophic injury case, and only charges a fee if the case is successful. The fee is a percentage of the settlement or award that the client receives. This means that the client does not have to pay the lawyer any money upfront, and only pays the lawyer a fee if the case is successful. This type of arrangement can make it more affordable for people to hire a lawyer and pursue legal action because they do not have to finance litigation or pay a lawyer before money is recovered.
Contact a Pittsburgh Catastrophic Injury Attorney Today
You need an experienced catastrophic injury lawyer in Pittsburgh or elsewhere in Pennsylvania to determine the value of your claim and fight for your compensation.
Schedule a free consultation with our attorneys at Shenderovich, Shenderovich & Fishman by calling at (412) 391-7610 today.
Catastrophic Injury FAQs
What if I Sustained a Catastrophic Injury at Work?
If your injury occurred on the job, you may be eligible for workers’ compensation benefits. However, in some cases, third-party claims can be filed if another party’s negligence contributed to your injury.
How Are Catastrophic Injuries Different From Other Personal Injury Claims?
Catastrophic injury claims involve higher damages due to long-term impacts, such as ongoing medical care and loss of income over a lifetime.
What if the Victim of a Catastrophic Injury Shares Responsibility?
Pennsylvania follows a comparative negligence rule. This means if you’re partially at fault, your compensation may be reduced by your percentage of fault.
What if a Loved One Passes Away from a Catastrophic Injury?
Surviving family members may be eligible to file a wrongful death lawsuit to recover damages for funeral expenses, loss of companionship, and emotional suffering.
