What is a Catastrophic Injury?

A catastrophe is defined as an event that causes sudden and significant damage and suffering. Catastrophic injuries are severe injuries that often occur in car accidents. Common injuries can be considered regular injuries, like if someone falls of a bike and fractures their arm. Common injuries heal with rest, and victims can shortly return to normal activities. Unfortunately, catastrophic injuries can permanently alter a victim’s life.

Causes and Results

One can never plan for a catastrophic injury, but certain scenarios present higher odds for their occurrences. Some of the more common ones include plane crashes, auto accidents, animal attacks, swimming pool accidents, construction site falls, and fires.

Victims of catastrophic injuries never fully recover; some may end up needing prosthetics and wheelchairs, others will be in constant pain. Some victims will never be able to work again, which can result in debt or even put their families in debt.

When Negligence is a Factor

When these injuries are caused by negligence and intentional or reckless conduct, the victim may feel additional emotional turmoil. Negligence can also apply if a company manufactured an unsafe or defective product. Some victims choose to make personal injury claims in these cases because of the costly ongoing medical care, lost wages, altered earning capability, and severe pain and suffering.

It is important to note that in no-fault insurance states, plaintiffs may only initiate car accident lawsuits if their injuries are catastrophic. Also, if the state follows contributory negligence laws, it may be difficult to receive damages if the plaintiff is partly liable.

Choosing an Attorney

Although most of these cases do not go to trail, it is essential to choose a personal injury attorney with trial experience. They are better equipped to negotiate with defendant insurance attorneys and will work with different experts before the trial begins. This information will be used to establish the plaintiff’s injuries and answer future concerns.

Damages awarded in these trials may be substantial since there are many economic and non-economic costs. It may be more difficult for a defense attorney to set a limit on these damages, so they may challenge the victim’s liability. This is where sound legal representation can prove invaluable.

Other Things to Keep in Mind

Any type of negligence claim will be strongly challenged by a defendant’s defense team. In addition to trying to prove contributory negligence, they may attempt to show that the incident did not actually cause the catastrophic injury. They may scrutinize the evidence and medical records, looking for anything that might help the defendant.

Plaintiffs must be completely honest about the accident and injuries, including injuries before the accident occurred. If a plaintiff suffers a spine injury and becomes permanently paralyzed, the defense will investigate their medical history. If they discover that the plaintiff had been treated for paralysis symptoms in the past and did not share this information, it can derail the case.

South Jersey Personal Injury Lawyers at D’Amato Law Firm Represent Catastrophic Injury Victims

If you were injured in a car accident, you may be eligible for compensation. Car accidents can cause catastrophic injuries that can be debilitating, so it is best to speak to an experienced lawyer. Our dedicated South Jersey personal injury lawyers at D’Amato Law Firm will help you obtain the compensation you deserve for your pain and suffering. Contact us online or call us at 609-926-3300 for a free consultation about your case. Located in Egg Harbor Township, New Jersey, we also serve clients in Atlantic City, Linwood, Galloway Township, Cape May, Vineland, Millville, Bridgeton, Ocean City, Woodbury, and throughout South Jersey.

Coronavirus Notice:
PLEASE READ »

A Message to Our Clients About Coronavirus COVID-19

At D’Amato Law Firm, we view the safety and well-being of our clients, staff and business partners as our highest priority.

The situation regarding the COVID-19 virus is continually changing, and we are following all recommended guidelines to stay healthy.

Currently, our law firm is remaining open to serve your legal needs.

We are happy to arrange for phone or video consultations should you have any concerns about keeping your scheduled appointments with us. We are also able to exchange documents via secure drives or email.

Should you have any concerns regarding an upcoming meeting with us, please contact us online or call (609) 926-3300.

Thank you and take care.