To stay in line with the legal definition of a catastrophic injury, a catastrophic brain injury is a brain injury that causes permanent damage that affects the victim’s ability to perform paid work for the rest of their lives. 

Loss of limbs, organ transplants, and spinal cord injuries often require hundreds of thousands of dollars in immediate medical treatment. A victim will almost certainly require ongoing medical care for the rest of their life, and this can also cost hundreds of thousands (or even millions of dollars) in medical expenses. 

Almost all catastrophic injury victims lose a lot of time on the job. Some are permanently disabled and can never return to work. This can also result in a substantial sum of lost wages during decades of lost employment. Catastrophic injury victims have the legal right to be compensated for all financial losses that occur as a result of a defendant’s negligence.

In addition to these tangible economic losses, there are many intangible losses that catastrophic injury victims also suffer. They undergo painful recovery processes. They lose the enjoyment of life through daily activities and important life events. (For example, a paralyzed runner loses both the daily enjoyment of running and the ability to walk across the stage at her graduation ceremony.) 

Something as important as holding a child could be removed from an injured victim. These losses, while intangible and difficult to assign a value, are still compensable. An experienced New York catastrophic injury attorney will know how to persuasively present these claims to an insurance company or a jury to protect the victim’s right to compensation for them.

This article provides you with a general idea of ​​what constitutes a catastrophic injury, the options the victim has in seeking compensation, and how a workers’ compensation attorney can help you get the money you deserve. soon as possible. 

What Is Considered a Catastrophic Injury?

Under 42 USC § 3796b of the US Code regarding public health and welfare, a catastrophic injury is one that “permanently prevents an individual from performing paid work,” but is generally used to refer to spinal cord injuries, brain tissues injuries, and other similar catastrophic injuries, such as damage to the skull and spine. 

If you have suffered a permanent disability, then your situation can be considered a catastrophic injury and you are entitled to damages that are specific to this legal designation of a type of injury.

What Is a Non-Catastrophic Injury?

A non-catastrophic injury is one that has no long-term impact on your 

  • Mobility
  • Or other permanent aspects of your life
  • Earning capacity

For example, a sprained ankle can have a serious impact on your ability to earn an income while you are recovering, but it does not have a long-term or permanent impact on your ability to do paid work.

What Is Catastrophic Brain Damage?

Whether or not you are sure that you or a loved one has suffered a catastrophic brain injury, contact our firm today to schedule a no cost initial consultation and learn more about your legal options. 

Is A Broken Arm Considered a Catastrophic Injury?

If the broken arm can heal and the victim can return to gainful employment, it will not legally be considered a catastrophic injury. However, if the damage is so severe that the victim cannot return to their normal quality of life and work capacity, then that may be considered a catastrophic injury that entitles you to additional consideration.

Calculation of Damages After Suffering a Catastrophic Injury

These types of injuries require extensive research and modeling in the future to calculate the projected financial impacts and therefore the amount of money to which you are entitled. When you work directly with the insurance company, you can be sure they won’t take all of these long-term impacts into account either, which means you need an advocate who can help you fight for what you really deserve after an accident someone else caused. 

In these types of serious situations, it is important that you are associated with a workers’ compensation attorney who can use their own experience, as well as the advice and opinion of other experts, who will be able to reach a comprehensive understanding of your injuries, the financial implications that these injuries they will have for the rest of their life (and that of their family) and more. Once these calculations are made, it is up to your attorney to negotiate a favorable settlement with the insurance company or file a lawsuit and build a case designed to obtain the justice you deserve.

Catastrophic injuries are extremely complicated, and under no circumstances should you attempt to handle the claims process or lawsuit on your own. Contact a good workers’ compensation attorney explore the unique factors of your injuries, strategize for a long-term plan, and ultimately determine how workers’ compensation attorney can best work together.

You can also get a workplace injury attorney dealing in Spanish language. Go and search Abogado de compensación laboral

Different Types of Catastrophic Injuries

In legal terms, a catastrophic injury is any type of injury that affects the brain, neck, spine, or skull, all of which can occur in a variety of situations, many of which can be considered personal injury and awarding to the victim the right to request compensation from the responsible party. However, just because you suffer a catastrophic injury does not mean that you can claim compensation for damages.

Instead, you will need to look at the factors that led to the accident, who is responsible for the accident, and then determine who is responsible for compensation.

Types of Catastrophic Injuries

Catastrophic injuries can result from damage to the nervous system.

  • Hypoxic and anoxic brain injury

A hypoxic brain injury is caused by a decrease in the supply of oxygen to the brain. An anoxic brain injury occurs when there is no oxygen going to the brain. Hypoxic and anoxic brain injuries occur in a variety of circumstances, including car accidents, medical malpractice, birth trauma, faulty breathing equipment, and explosions.

  • Lesion Cerebral Traumatic

The effects of a brain injury can be sudden and dramatic, or they can be subtle and appear only over time. Cognitive difficulties, memory loss, personality changes, and loss of reasoning and judgment are very common. 

Brain injury victims can also suffer serious emotional effects. They will work closely with the appropriate medical experts, including brain injury specialists and neuropsychologists, to document the extent of the injury and its effects.

  • Spinal Cord Injuries

Serious truk or car accidents, falls from heights, or an undiagnosed infection in a hospital can cause paralysis due to spinal cord damage. Attorneys investigate the causes of your injury to help you obtain compensation. Attorneys will also monitor your physical condition and medical prognosis to ensure your access to the treatment and rehabilitation services you need for the greatest possible physical recovery.

  • Paralysis

Approximately six million people live with paralysis. Attorneys can help paralysis victims cope with the emotional harms and logistical challenges recently presented. They work with other professionals to help us recover the compensation our clients deserve. Life care planners lend professional expertise to identify all of the client’s lifetime needs as they prepare to file a claim for compensation for someone who has suffered partial or total paralysis.

  • Internal Head Injuries

To casual observers, a car accident victim with a minor head injury may appear fine after a period of time. After all, there are no noticeable scars, bruises, or lacerations. However, the sufferer may complain of dizziness and show disorientation, short-term memory loss, depression, or personality changes. These can all be signs of an internal head brain injury caused by what appears to be minor trauma.