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Catastrophic Injury versus Personal Injury Claims: What is the Difference?

By Jack Larson posted 04-27-2021 13:03

  

Personal injury cases can involve many different types of accidents and injuries. They are not always catastrophic. Types of injuries regarded as catastrophic include brain injuries, loss of limbs, severe burn injuries, paraplegia or quadriplegia, multiple broken bones, severe nerve damage, and paralysis. 

Catastrophic injuries are classified differently because they can completely disrupt the victim's lives and that of their families in permanent ways and devastating ways. 

Damages and the impact on families

Catastrophic injuries are classified as such because of the nature and scope of injuries suffered by victims and loved ones, as well as the potential for more complications and the need to secure full financial compensation. 

Catastrophic injuries can have lasting or lifelong repercussions. Recovery may be slow and painful or there may be permanent, life-changing impairments. They can result in extensive physical, emotional and financial losses. 

Medical care may involve surgeries, intensive rehabilitation, medication and more. There may be future medical needs and loss of income. Future loss of income is another factor that comes into play. As well as economic losses, there is also physical and emotional pain and suffering. There may be a loss of quality of life or the loss of emotional support and companionship. 

Pennsylvania Employment Lawyers at the Lacy Employment Law firm take pride in their ability to provide good counsel to their clients. The firm takes on a select number of personal injury cases and tends to limit them to those in which someone suffered catastrophic damages. 

Long term or lifelong repercussions

Long-term or lifelong repercussions usually arise from partial or total disability, loss of sensory or bodily function, permanent disfigurement and physical or cognitive deficits. This includes loss of vision or hearing, amputation and facial injuries or scarring. Memory problems may occur or mobility may be impaired. 

Evaluating the nature of the injuries and their long-term or lifelong impact on victims is essential in order to accurately assess damages. Relevant medical experts often have to testify and economic experts can help to calculate expenses for needs that may reasonably be expected in the future. 

Disputes from defendants

The insurance companies that defend against personal injury claims try to pay victims as little as possible. Catastrophic injury cases can pose a real threat to the bottom line of corporations. The defense may not only dispute liability but also the extent of the damages. 

Defendants may also argue that victims were partially to blame for causing an accident. They may challenge the value of expected future expenses and much more. Having a lawyer who is experienced in dealing with insurance companies can offer better results in terms of getting damages for medical expenses, lost wages and pain and suffering.

Expert testimony

Plaintiffs and defendants in a catastrophic injury claim are both likely to use experts to support or refute claims. For example, relevant industry experts may provide insight and testimony regarding the failure to meet accepted standards in the industry. 

For example, a construction expert may provide testimony in a construction accident case. A medical expert may testify to the permanency of an injury. An occupational therapist may evaluate the ability of the victim to live and work independently. Economic analysts can help with future costs. 

Litigation

As the stakes are much higher in catastrophic injury cases, the chances are higher that the case goes to trial. Some plaintiffs are left with no other choice but to go to trial if defendants do not offer fair settlements or refuse to offer any compensation. Proven trial lawyers have the experience and resources to effectively represent their clients in court. 

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