Catastrophic Injury Attorney.
According to the CDC, over 200,000 people die from unintentional injuries. NSC Injury Facts report more than 55 million serious injuries in the US in 2020.
Chen & Nowzari LLP is a catastrophic injury law firm with over 20 years of experience fighting for victims of severe injuries. Our firm specializes in workers' compensation and workplace injuries, helping people get the compensation they deserve for preventable injuries that lead to pain, suffering, and financial hardships. Contact us today for a free consultation.
Read on to learn about what a catastrophic injury attorney, such as Chen & Nowzari, can do for you.
What Are Catastrophic Injuries?
A catastrophic injury is a severe injury to your brain, organs, bones, or spinal cord. Amputations and severe burns also qualify as catastrophic injuries.
The term is widely used, but not always correctly. There is no precise legal definition, creating a gray area when defining the severity of an injury.
These types of injuries typically lead to long-term disabilities or disfigurements that affect the victim for the rest of their life. They almost always require rigorous rehabilitation practices and life-long medical treatment. Victims may also need several surgeries, leading to a long and arduous recovery process.
Different Types of Catastrophic Injuries
Catastrophic injuries break down into three main categories:
Fatal Injuries:This category consists of catastrophic injuries that eventually lead to death.
Permanent Disabilities: Many catastrophic injuries fall under this category, where the victim survives but is permanently disabled or disfigured.
Severe Trauma: This catastrophic injury does not result in death or disability but often requires extensive medical treatment, surgeries, or rehabilitation.
Catastrophic injuries are not all the same. They can be drastically different but fit into the same category. Essentially, any injury leading to excessive medical treatment, pain, or difficulties can be considered catastrophic. The most common types are as follows:
Loss of Limb
Amputations are one of the most serious cases, affecting people permanently. Loss of limb applies to arm and leg amputations, whether a toe, finger, foot, hand, calf, forearm or entire leg or arm.
Loss of Sense
If an injury results in loss of a sense, such as hearing or eyesight, this is a catastrophic injury, as it causes permanent problems.
Extreme Burns
Extreme burns, usually third-degree burns, can lead to scarring, disfigurement, and other permanent damage. Second-degree burns qualify if they cover a substantial percentage of the victim's body or if a skin graft is necessary.
Spinal Cord Damage
One of the most common injuries defined as catastrophic, spinal cord damage can cause paralysis, making victims quadriplegics or paraplegics for life.
Organ Trauma
Brain trauma is one of the worst types of injuries, as it can lead to many problems. It includes concussions, brain bleeds, axonal injuries, and more. If the victim experiences organ ruptures, this can be a catastrophic injury.
Broken Bones and Fractures
Skull fractures are almost always catastrophic, as they can cause brain damage or permanent disfigurement.
Likewise, while a single broken bone or minor fracture is not considered catastrophic, many broken bones and severe fractures can prove to be catastrophic.
Back, Neck, and Spinal Cord Injuries
Back injuries can lead to nerve damage, sprains, and herniated discs, leading to permanent conditions.
Severe neck injuries can lead to conditions like chronic headaches, migraines, or pain. Neck sprains, nerve damage, and herniated discs are all considered catastrophic.
Spinal cord injuries (SCI) are some of the most catastrophic and devastating injuries that a person can suffer as they can result in permanent disability, paralysis, chronic pain, and even death.
Traumatic Brain Injuries
Traumatic Brain Injuries (TBIs) are one of the most serious types of catastrophic injuries. These injuries are caused by violent impacts to the head and can have severe, lasting effects on a person’s physical and mental health.
TBIs can be caused by car accidents, sports-related injuries, falls, or any other type of incident that involves a blow to the head . The most common symptoms of a TBI include confusion, disorientation, difficulty speaking or understanding language, memory loss, difficulty concentrating, and headaches.
Disfigurement or Scarring
Permanent disfigurement or scarring can negatively impact a person's life forever. Catastrophic scarring is typically in a prominent place, such as facial scarring. While a cut itself may not be a catastrophic injury, the dramatic scars it leaves behind can be.
Common Causes of Catastrophic Injuries
Catastrophic injuries often happen in the workplace. Industrial work environments can be highly hazardous if not maintained and monitored properly. Unfortunately, neglect in the workplace can lead to severe or even fatal injuries. Work injury attorneys help victims seek damages and compensation for catastrophic injuries in the workplace caused by:
Industrial equipment accidents
Power tool accidents
Cuts and lacerations
Scaffolding or ladder-related accidents
Electrocution
Lifting accidents
Vehicle accidents
Overexertion or repetitive use
These are just the most common causes of catastrophic injuries in the workplace. But any workplace incident that leads to severe physical trauma may be eligible for compensation. If you're unsure, you can reach out to a catastrophic injury law firm for help assessing your case.
Working with a Catastrophic Injury Law Firm
When you're dealing with the aftermath of a catastrophic injury, it can be an incredibly stressful and overwhelming experience. Navigating the legal process can be complex and exhausting, and working with an experienced catastrophic injury law firm can provide you with much-needed guidance and ultimately peace of mind.
If you want to seek comp benefits for your injury, below is an overview of the process to help you get started with a catastrophic injury law firm.
Meet with work injury attorneys to better understand your case and the type of compensation you deserve.
Work with your catastrophic injury attorney to collect evidence to support your claim. Relevant evidence can include photographs, medical records, police reports, and witness testimonies.
Next, you and your attorney will file the complaint to make the lawsuit active. Communications with the liable party begin.
The discovery process will begin when both parties share relevant information and evidence. During discovery, your lawyer will depose witnesses, interrogate the liable party, examine the workplace conditions, and more.
If you and the liable party cannot agree on a settlement during negotiations, the case will go to court.
If the at-fault party is unwilling to settle promptly and fairly, we will pursue legal action, including a trial before a judge or jury.
Damages Available for Catastrophic Injury Claims
Some of the damages available for catastrophic injury claims are listed below. Damages can be economic or non-economic.
Economic damages mean the victim receives compensation for financial reasons, like medical expenses or childcare costs. Non-economic damages are compensation for non-financial damages, such as mental distress or bodily pain.
Non-economic damages, such as physical pain, emotional suffering, emotional distress, inconvenience, loss of companionship and loss of enjoyment of life may be eligible for compensation.
The most common damages people seek in catastrophic injury claims are as follows:
Loss of wages
Pain and suffering
Disability care
Medical expenses
Rehabilitation costs
Childcare costs
Household expenses
Education expenses
Mental distress
When someone suffers a catastrophic injury, it is often a life-changing injury. They often lose their ability to earn a living wage, care for their children, and keep their house in order. Catastrophic injuries can cause mental trauma, chronic pain, and intangible suffering. You can seek damages for past expenditures and future expenses, such as the ongoing or permanent cost of disability care or rehabilitation for maximum compensation.
Is the Insurance Company on My Side?
Most people think that their insurance company is on their side when they are involved in an accident. The truth, however, is that insurance companies are always looking out for their bottom line.
That means they may not have your best interests in mind during settlement negotiations and may pressure you to accept less compensation than you deserve.
Our team specializes in representing injured victims who have suffered catastrophic injuries. Our experienced lawyers can help you fight for the maximum compensation you deserve from the negligent party and their insurance company.
They understand how to negotiate with these large corporations and can ensure that your rights are protected throughout the process. Insurers won't give into a lower settlement if they know a lawyer is representing you!
The Statute of Limitations for Catastrophic Injury Cases
While the effects of a catastrophic injury can last forever, you only have a limited amount of time to seek damages. If you do not file your claim within your state's statute of limitations, you will lose the opportunity to seek damages and be rightfully compensated for your pain and struggles.
The statute of limitations varies by state, ranging from one to six years. You can easily find a list of state statutes online to see how long you have to file a claim. The statute of limitations begins on the date of your injury.
However, there are a few exceptions to the statute. These are very technical and rare, but an experienced catastrophic injury lawyer will be able to explain how an exception may apply to your case. For example, if the statute in your state is one year, but the injury caused you to be incapacitated for over a year, you may still be eligible for compensation.
Contact a Work Injury Attorney Today
Catastrophic injuries can permanently affect every aspect of your life. You may not be able to do the things you love doing every day such as cooking, playing with your children, or driving a car.
If you have been the victim of a catastrophic injury, contact the experienced work injury attorneys here at Chen & Nowzari today. Our team here at Chen & Nowzari LLP is standing by and waiting to assist you in receiving the fair compensation that you deserve.
Contact us today if you need an experienced catastrophic injury attorney. Our team of work injury attorneys have the experience and knowledge to get you the compensation you deserve.
FAQs
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An injury is considered catastrophic if it results in severe and permanent damage to the person, such as loss of limbs, paralysis, brain damage, or other debilitating conditions that significantly alter the person's quality of life and ability to function.
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No, a broken arm is not usually considered a catastrophic injury. While a broken arm can be painful and require medical treatment, it usually does not result in permanent and debilitating damage (which is a key determinant for catastrophic injuries).
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It is possible to recover from a catastrophic injury, but it can be a long and arduous process that requires extensive medical treatment and rehabilitation. The extent of your recovery will depend on a variety factors such as the severity of the injury, the individual's overall health, and their access to quality medical care and rehabilitation services. In some cases, individuals may be able to regain some functional abilities, but permanent disabilities and limitations may still persist.
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A non-catastrophic injury is any injury that does not result in severe and permanent damage to the person. Some examples of non-catastrophic injuries include:
Cuts
Bruises
Sprains
Strains
Minor fractures
Other injuries that typically heal with proper medical treatment and time.
Non-catastrophic injuries usually do not significantly alter a person's quality of life or ability to function.