The definition of catastrophic injury is a serious trauma to the spinal column, spinal cord, or brain, and may also include skull or spinal fractures. This is based on the definition used by the American Medical Association. In legal terms, a catastrophic injury case helps compensate the victim of this type of injury…injuries that would permanently prevent an individual from performing work duties or everyday tasks. Most catastrophic injuries leave the victim with permanent disabilities for the remainder of their lifetime. In rare cases, the injured party can make a recovery.

The most common catastrophic injuries are: serious head trauma; accidental amputation; multiple bone fracture; eye injury/blinding; shoulder injury; foot injury; back injury; neck injury; brain injury; severe burns; organ damage; spinal cord and neurological disorders, which can result in paralysis; paraplegia; and quadriplegia. Catastrophic injury settlements compensate victims for their disabilities, their pain, suffering, lost wages, and ongoing medical bills. In some cases when an agreeable settlement can’t be reached, these cases go to trial, and a judge and jury decide whether to award the victim with compensation (and the amount). Mental anguish is sometimes considered in determining the award as well.

An example of a catastrophic injury case would be a tourist falling off of a balcony on a building, hitting their head, and being left totally and permanently blind, with partial loss of hearing and no sense of smell or taste. Additionally, he or she would have substantial orthopedic injuries as well. With the aid of a personal injury lawyer, this victim might receive a million dollars or more, designed to provide them with a livelihood for many years to come. As always, and especially in catastrophic injury cases like this one, no amount of money can ever restore the victim’s quality of life.

According to the U.S. Centers for Disease Control, falls account for 35.2 percent of brain injuries in the United States, while auto accidents account for 17.3 percent. Motor vehicle accidents are also responsible for more than 40 percent of spinal cord injuries each year in the U.S., according to the Mayo Clinic. When an individual or company acts recklessly and causes someone to suffer a catastrophic injury, that party may be held legally liable. Since a catastrophic injury is an aspect of Personal Injury Law, it is wise to immediately find an attorney experienced in serious injury cases. If a catastrophic injury was caused by a defective product, this is also a Product Liability case.

With the immense fiscal burden that occurs with a catastrophic injury, the most difficult aspect is putting a value on the claim. Tennessee’s Legislature has put caps on “non-economic” damages for $750,000.00 and $1,000,000.00 for extreme cases. While at first glance this seems like a lot of money, when applied to a lifetime of disability, these funds are rarely sufficient. Having an aggressive attorney that knows how to expand the caps through proper expert testimony regarding special damages and punitive damages is important to receiving full recover. If you or a loved one face a catastrophic injury, seek assistance from an attorney who has experience with personal injury. Even if you don’t have a legal cause of action, an attorney may be capable to help you in obtaining government benefits.

Criminal Defense Attorney Bryan Delius, with offices in Sevierville, Tennessee, provides free consultations on all types of injury cases, including catastrophic injuries.