What is a Catastrophic Injury?
A catastrophic injury is a physical injury or illness that is regarded as extreme or particularly serious, has a considerable impact on the victim of the injury or illness and needs a considerable amount of medical treatment.
These injuries may not always be permanent, but take months or years to heal and in some cases, the full extent of the injuries may not be known for years to come. The effects of such injuries may be long lasting, both physically and emotionally.
Examples of such injuries include:
• Extensive burns
• Loss of limb
• Severe brain injuries
• Spinal cord injuries
• Injuries causing paralysis
These injuries may affect many of the body’s systems, such as the central nervous system, gastrointestinal, urinary, respiratory, circulatory, excretory, or reproductive systems.
A wide variety of events may cause a catastrophic injury. There is no one particular type of accident that determines if an injury may be classified as catastrophic. The severity of the injury itself makes this determination. Some examples of accidents may be automobile or motorcycle accidents, accidents that occur in the workplace, defective products, toxic substances, birth injuries and injuries due to fire or other disasters.
What types of damages can I receive for Catastrophic Injuries?
The amount and type of loss depends on the injury and the situation that caused the injury.
Damages for catastrophic injuries may include:
• Medical costs (at the time of injury and future medical treatment)
• Lost wages
• Loss of future income (if the injured party will not be able to work for a period of time, even permanently)
• Loss of household services
• Costs of additional care
• Loss of quality of life
• Pain and suffering
• Shortened life span
In addition to these types of damages, courts in some jurisdictions will also award punitive damages. Punitive damages are awarded by the judge or jury in addition to compensatory damages. The goal of punitive damages is to punish the responsible party for the injuries the victim has suffered. Not all jurisdictions will award punitive damages and not all cases will warrant such an award.
Who is responsible for a Catastrophic Injury?
If the injury suffered by the victim was caused by an intentional act, negligence, or a defective product, there may be a cause of action for personal injury.
When determining who is responsible for your catastrophic injury, it is important to look at the specific facts of your case. There may be more than one person who played a role in the sustained injuries. Depending on your case, the responsible party may be your doctor, nurse, hospital or other medical personnel, the owner of the motor vehicle that caused your accident, your employer or the manufacturer of a defective drug or product.
It is important to seek an attorney with experience in catastrophic injury cases to handle the investigation and assist in determining the appropriate parties who may be responsible for your injuries.
If I was injured using a product, is the manufacturer liable for my injuries?
Products liability laws are based on the responsibility of a manufacturer or other provider of goods to compensate users of the goods for injuries caused by defective or dangerous products. The companies providing these products are in the best position to prevent products from entering the marketplace and if they fail to do so, are held accountable.
In a products liability action, the burden of proof lies upon the injured person to prove that a design or manufacturing defect in the product caused the injury, the manufacturer did not adequately warn consumers about the product's possible dangers, the injured person was using the product in the way it was intended to be used, or that the manufacturer should have anticipated that the product would be misused in the way that it was.
Manufacturing defects are usually easier to prove than design defects. For example, if a car cannot go over ten miles per hour, it is clear that it was not manufactured as the designer intended. A design-defect case, on the other hand, could arise if, for example, many or all cars of a manufacturer's particular model lurch forward when the accelerator is not depressed. Proving a design defect involves passing judgment on technical choices and usually requires expert testimony.
Possible legal theories that can be argued in a products liability case include negligence (lack of reasonable care in the manufacture or sale of the product or in warning about the product), breach of warranty (failure to fulfill the terms of a promise regarding the product), misrepresentation (giving consumers a false sense of security about a product's safety), and strict tort liability (the product's defect, although not the fault of the defendant, rendered the product unreasonably dangerous and the defendant is therefore responsible).
Damages recoverable in a products liability lawsuit include those for personal injuries as well as property damage. In a personal injury case, the plaintiff's damages may include medical expenses, lost wages, damages for physical and mental pain and suffering, and sometimes even punitive damages, which go beyond compensating the plaintiff for his or her actual losses and are intended to punish the wrongdoer and deter future similar bad conduct.
Property damage may also result from a defective part and you may be able to seek damages that would pay all the necessary repairs to your home and property.
What do you need to prove in a products liability case?
Proving causation in a products liability case can be complicated. The plaintiff must establish that the product was defective when it left the hands of the defendant and that the defect was the cause of the accident that led to the injuries. If the injuries could have arisen from several potential causes-for example, pilot error or mechanic error as well as a product defect-the plaintiff usually must establish that the product defect had a substantial role in bringing about the injuries.
