What's the Difference Between Personal Injury and Catastrophic Injury?

Catastrophic injuries are a type of personal injury that has lasting impacts on the victim’s quality of life. They present many legal, medical and financial considerations requiring a legal team to navigate. Let’s explore what you might need to know if you or a loved one experienced a catastrophic injury.

Catastrophic injuries permanently alter a victim’s health, physical abilities and quality of life. They may need permanent medical care, rehabilitation, prosthetics, home alterations and other accommodations. Victims may also lose their earning potential, causing financial stress.

Jurisdictions may have their own criteria for defining a catastrophic injury. A lawyer with experience handling catastrophic injury lawsuits may be able to help you navigate the legal definitions in your area. There are laws and regulations which may govern how and when you may file a claim for damages. These laws and regulations vary state by state. If you believe you may have a claim, we recommend that you retain competent legal counsel as soon as possible.

Catastrophic injuries that cause the victim’s death may lead to a wrongful death lawsuit. Their loved ones may file a lawsuit to hold a negligent party accountable.

Common examples of catastrophic injuries

Catastrophic injuries can happen just about anywhere – in the workplace, at home, during commutes, or just being in the wrong place. Examples of catastrophic injuries include:

• Death
• Paralysis
• Disfigurement
• Impaired senses
• Loss of limbs
• Serious internal organ damage
• Severe burns
• Skull fractures
• Spinal cord injuries
• Traumatic brain injuries (TBI)

Causes of catastrophic personal injuries

Car crashes are a leading cause of catastrophic injuries. But there are other causes, including:

• Defective devices (exploding pressure cookers, faulty earplugs, exploding lithium-ion batteries)
• Medical malpractice
• Recreational activities
• Workplace accidents

Catastrophic injuries are a serious type of personal injury. Typically, personal injuries are viewed as less severe, both legally and medically. Examples of less serious personal injuries include:

• Bruising
• Bone fractures
• Low-grade concussions
• Minor scarring
• Whiplash

Victims of less severe personal injuries may be entitled to compensation. But the amounts are typically lower than jury awards or settlements in a catastrophic injury case.

How catastrophic injury cases are different

The physical effects of less severe personal injuries typically fade. The victim’s health improves, and they may resume their life with minor long-term changes.

Catastrophic injury victims may never fully recover. Their injuries may diminish their ability to earn money and reduce their quality of life. An attorney with experience in catastrophic injury cases will consider these factors when seeking damages.

A personal injury lawyer with experience handling catastrophic injury lawsuits should be qualified to help a victim. Attorneys who focus on general personal injuries, though, may not have the experience to gather the right evidence, evaluate the facts, and advocate for the plaintiff’s long-term needs.

Catastrophic injury attorneys can help you understand the types of damages that apply, including:

• Loss of consortium
• Loss of wages and earning capacity
• Past and ongoing medical bills
• Pain and suffering

A catastrophic injury attorney will also help determine whether the defendant’s actions were severe enough to warrant punitive damages for gross negligence. They may also have access to medical and economic experts who can:

• Evaluate the victim’s current and future medical care requirements
• Determine the need for ongoing rehabilitation
• Reconstruct the events leading to the injury

The amounts of a jury award or settlement vary depending on the facts of the case. A catastrophic injury lawyer can weigh the evidence and let you know what factors may impact an eventual settlement or jury award.

There is no way to credibly guarantee a certain payout.

Motley Rice has decades of experience litigating catastrophic injury claims. Our lawyers have advocated for cases involving:

• Acts of terrorism
• Airplane crashes
• Childhood injuries

Our team has the experience and resources needed to represent victims in legal proceedings, negotiate with insurance companies, and hold those responsible accountable so that their future financial and medical needs are met.

Learn more about our personal injury practice.