The Basics of a Catastrophic Injury Claim


Catastrophic injuries can happen from car accidents, truck accidents, motorcycle accidents, and all manner of personal injury accidents. Trucking accidents and motorcycle accidents are perhaps the most common that would result in a catastrophic injury. But what exactly is a catastrophic injury? What does experiencing a catastrophic injury mean for your recovery? And what do you need to file a catastrophic injury claim?

Typically victim’s only learn about the extent of their injuries after they wake up after surgery and after life-saving measures have been put into place. Certainly, it’s extremely rare for anyone to be upset about the extent of the life-saving work. The trouble however is that many simply don’t have the full scope of their injury explained. Medical professionals are excellent at treating injuries and making split-second decisions to save lives or to treat burns, but few can explain what the injury will mean for the victim’s future. The catastrophic injury claim exists to deal with this situation. Let our Florida accident attorneys help you today.

What is a Catastrophic Injury?

There are different ways to Define catastrophic injury, and the most commonly used definition is from the American Medical Association.

The American Medical Association defines the catastrophic injury as one specifically relating to the spine, neck, spinal cord, or skull. However, the legal approach to this definition expands quite a bit more to include any injury which causes permanent disability or a severe change and how the person lives. Thus, a catastrophic injury claim might be brought for something that doesn’t fit the strict medical term.

Now, the National Center for Catastrophic Sports Injury research extends that to include any many more injuries. They include injuries which can result in fatality, permanent disability, serious injury, cardiac arrest, paralysis including temporary paralysis and other conditions.

The legal definition means that after experiencing a catastrophic injury, the victim is not inherently disabled for the remainder of their life. However, they may be disabled and they may never work again. There are a lot of “if, might, and could,” situations and handling the legal elements of a catastrophic injury claim.  The only overarching element is that the victim’s life is forever changed, and that is an undeniable truth of the crash.

Most Frequently Seen Catastrophic Injuries

After an auto or truck wrecked, some of the most common catastrophic injuries include brain and spinal cord injury. Including anyone who experiences lifelong cognitive dysfunction such as emotional difficulty, limited physical ability, and damage to their speech or language abilities.

Spinal cord injuries can result in paralysis, respiratory problems, spasms and exaggerated reflexes as well as chronic pain and loss of bodily function control.  These are among the most commonly seen after a truck accident or auto accident and typically come from Damage Done specifically to the head and spine rehab.

Other catastrophic injuries include the loss of limb, ruptured spleen, liver, bowels, or kidney, and severe burns.  Not all of these are necessarily life sentences, many times victims recover and while they may not be able to return to their line of work, they can find new work.

Additional Elements of Treatment and Recovery

Catastrophic injuries undoubtedly come with much higher medical expenses than other types of auto accident injuries, and they often require continuing medical care. People who have experienced a catastrophic injury may need in-home nursing care or ongoing medical care for the foreseeable future. They may be able to submit a catastrophic injury claim to offset costs.

Other elements of treatment and recovery may require occupational therapy, physical therapy, counseling, and even retrofitting a home.

For many, occupational therapy is in auction to get back into society and get back into a workplace even if it’s not the person’s preferred profession. With physical therapy and a supportive medical team, it’s possible that someone with a catastrophic injury can make leaps and bounds of progress over the years.

When calculating for total damage is associated with the claim, it’s critical to look at the additional element of recovery. If someone cannot return to their position, then the options are to include the total loss of income for their lifespan or the cost of occupational therapy.

File a Catastrophic Injury Claim with a Local Tampa Auto Accident Lawyer

After experiencing a life-changing injury that comes with the high possibility of fatality, disability, or extreme trauma, contact an attorney.  These injuries are not that simple claim that you’re going to resolve within the week of the accident. A catastrophic injury claim will take more time to settle. Getting into an auto accident, truck accident, or motorcycle accident is typically traumatic to some degree.

But, when you’ve lost a limb, experienced severe burns across large percentages of your body, or outright lost the ability to conduct everyday activities, is a different situation.  That is where Winters & Yonker step-in. As local Tampa auto accident attorneys, Winters & Yonker Law Offices help the victims of a no-fault state seek action and legal resolution for the injuries they sustained. When it comes to catastrophic injuries, there is no excuse, these crashes almost always come from extreme negligence and that driver should be held accountable.

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