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Catastrophic injuries refer to those that have long-term or permanent effects on a person’s life, such as disabilities or limitations that prevent the injured person from performing daily activities, tasks and duties. These types of injuries can occur in various situations, including car accidents, workplace accidents, etc. Catastrophic injuries can require ongoing medical care, rehabilitation, and other long-term expenses that can financially and emotionally overwhelm victims and their families.
If you suffer from a catastrophic injury in San Diego due to someone else’s fault, you have the right to pursue legal action. Our San Diego catastrophic injury lawyers at Jassim Law have over 20 years of experience aggressively fighting for justice throughout California. When someone else’s actions result in you suffering from a debilitating injury, you may feel angry and frustrated. Holding the responsible party accountable for their actions is about more than just recovering compensation, but also receiving closure and justice for a life-changing event. Contact Attorney Pajman Jassim and learn how he may help with your claim.
What Are Examples of Catastrophic Injuries?
Catastrophic injuries can include any injury that causes long-term or permanent damage to an individual. These injuries often alter their ability to live their life as they did before they suffered the harm. Oftentimes, those who have suffered a catastrophic injury were involved in a type of personal injury accident. The different accidents that may have caused a catastrophic injury include the following:
- Car accidents
- Truck accident
- Motorcycle accidents
- Construction accidents
- Product liability accidents
- Slip-and-fall accidents
- Sports accidents
Some examples of catastrophic injuries victims may suffer from these accidents are as follows:
Spinal Cord Injuries
Spinal cord injuries include fractures, dislocations, severing, or other damage to a person’s spinal cord. Spinal cord injuries can be very damaging and may lead to conditions like partial or full paralysis, paraplegia, and quadriplegia.
Severe Burns
Burn injuries occur when there is damage to the tissue from heat, electricity, chemicals, radiation, or the sun. Severe burn injuries are classified as first-degree, second-degree, or third-degree burns. However, regardless of the degree of your burn, you have the right to pursue compensation for your losses.
Traumatic Brain Injuries
When a significant force impacts the head, causing damage to the brain, they may suffer a traumatic brain injury as a result. This could result from blunt force trauma that may occur in a severe car crash or a slip and fall.
Amputations
Often resulting from motor vehicle accidents, or construction accidents amputations can be highly traumatic for victims. When a limb is damaged so badly it must be amputated, this injury can cause long-term or permanent setbacks in the victim’s quality of life.
Bone Fractures or Broken Bones
Broken bones are caused by various personal injury accidents, like a motor vehicle crash or a slip-and-fall. Depending on the severity of the fracture or break, victims may be left with chronic pain and loss of function.
If you have suffered a chronic injury due to the negligence of another party, you have the right to pursue compensation by filing a personal injury claim. Our San Diego catastrophic injury lawyers will help you collect the evidence necessary to ensure you are able to pursue the justice you are owed.
The Importance of Immediate Medical Attention After a Catastrophic Injury
After you or a loved one has suffered a catastrophic injury, it is essential that you immediately seek the care of medical professionals. Aside from the fact that this step is vital to your health and overall well-being, seeking medical attention after an accident that left you with a catastrophic injury is also crucial to your personal injury claim.
Sometimes, after a person is injured in a traumatic accident that has left them with a catastrophic injury, it is not uncommon for them to be overwhelmed.
Usually catastrophic injuries involve multiple body parts, multiple medical specialties, appointments, time off work, and generally cause a dramatic interruption of a person’s life, including their family life.
When receiving medical care for a catastrophic injury, it is important you are getting the best possible medical care, regardless of the type or quality of your health insurance. It is important to be referred to and treated by the correct specialists, and to have an experienced attorney who can assist you in getting the best medical care possible.
In addition to getting the best medical care available, you and your attorney must be able to prove the nature and extent of your injuries. This can be done by:
- Medical documentation and radiological imaging
- Ensuring you are treated by the appropriate medical specialists
- Ensuring that you are receiving the referrals needed, regardless of your medical insurance
- Obtaining physician progress notes
- Diagnostic imaging results
- Treatment records
- Medical bills
- Rehabilitation reports
- Prognosis information
These documents and medical evidence will be crucial to ensuring your lawyer is able to show evidence that the accident, and the liable party’s negligence, had a direct impact on your injury and any losses you and your family members have suffered as a result.
How Does a Catastrophic Injury Affect My Claim in San Diego?
Unlike minor injuries, a catastrophic injury often results in long-term injuries, significant lifestyle changes, and even life-long care. Since there are many aspects to consider, the process may take longer, require more information, more expertise, and increase the value of your claim.
You will need a San Diego catastrophic injury attorney that understands the gravity of your medical situation, and how to prove the impact of your injuries upon the rest of your life and the life of your loved ones.
There are various ways a catastrophic injury affects an injury claim, including the following:
- Increased Damages: Catastrophic injuries often result in greater damages for medical expenses, lost wages, and pain and suffering. The severity of your injury and its impact on your life will determine the value of your claim.
- LIfe Care Planning: You may require the expertise of a certified Life Care Planner. A LCP is an expert that will consult with all of your medical providers and medical team to assemble a plan for your future care needs for the remainder of your expected lifetime. This plan will calculate the costs of your future care, and be presented to a jury for determination.
- Expert Witnesses: To prove the full extent of damages and the impact of the injury, your San Diego catastrophic injury lawyer may seek expert witnesses to provide testimony.
- Emotional Impact: Catastrophic injuries can also have a significant emotional impact and may cause the injured person and their family to suffer from depression, anxiety, and PTSD. These emotional strains can be included in your claim.
- Longer Legal Process: Catastrophic injury cases require extensive information and documentation, which may lengthen the time it takes to resolve the claim. Your San Diego catastrophic injury attorney must gather medical evidence, assess long-term effects, and determine the full extent of damages.
When you’re dealing with a catastrophic injury, you will need someone on your side to defend and fight for your rights. Our catastrophic injury lawyers in San Diego strives to hold the person responsible for your injuries accountable for their behavior. Your life was turned upside down, and no one should downplay the damages you face.
The Role of Comparative Negligence in California Catastrophic Injury Cases
The state of California operates under a pure comparative negligence doctrine for all personal injury claims. This rule allows injured parties to seek compensation even if they are partially liable for the accident. The amount of compensation they are eligible to recover will be reduced in proportion to their percentage of fault. For example, if the injured party is 60% at fault for the accident that caused their catastrophic injury, they can still recover 40% of the total compensation.
In cases where comparative negligence may play a role in a catastrophic injury claim, it is important to get legal representation as soon as possible. This is because your San Diego attorney will investigate and preserve all key evidence necessary to strengthen your claim that you are not 100% at fault. Our team of catastrophic injury lawyers will protect your rights to justice by negotiating with the insurance provider on your behalf.
What Types of Damages Can You Recover in a Catastrophic Injury Claim?
In a catastrophic injury claim, you may be able to recover various types of damages to compensate for the losses you have suffered. The specific damages you may be eligible for will depend on the circumstances of your case and the extent of your injuries. Below are a few common types of recoverable damages in a catastrophic injury claim:
- Non-Economic harms (Pain and suffering)
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- Loss of enjoyment of life
- Physical Impairment
- Mental suffering
- Pain
- Anxiety/Grief
- Inconvenience
- Humiliation
- Disfigurement
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- Medical expenses (past and for the future)
- Physical therapy and rehabilitation expenses
- Cost of prescription medication
- Lost wages or income (past and for the future)
- Loss of companionship
- Damages for the injury to a spouse or registered domestic partner (Loss of Consortium)
- Wrongful death damages
- Punitive damages
After a catastrophic injury claim, it’s essential to consult a catastrophic injury lawyer before speaking with anyone else, especially a representative from the responsible party. An experienced lawyer will investigate the circumstances of your accident, gather evidence, and build a strong case on your behalf.
In addition to helping you recover compensation for your losses, taking legal action can also help prevent similar accidents from occurring in the future. When individuals, organizations, and other entities are held accountable for their negligent actions, they may be more likely to take steps to improve safety and prevent future accidents.
Statute of Limitations for Catastrophic Injury Cases in San Diego, California
While many believe there is plenty of time to file an injury claim, there is a time limit they must follow to recover the best possible compensation. Under California Law, individuals suffering from catastrophic injuries must file an injury claim within two years of the accident. However, depending on the circumstances of your case, you may have longer to file your claim.
If a person fails to file a claim within the stated time, they may lose the right to seek compensation and justice for their injuries. As soon as you are able, speak with an experienced San Diego catastrophic injury lawyer.
If you’ve been injured due to the negligence of a government employee, your deadline to file a claim is typically 6 months. For example, if you were in an accident with a city or government vehicle, or otherwise hurt on government property.
Find a Highly-Qualified San Diego Catastrophic Injury Lawyer at Jassim Law Today
At Jassim Law, we believe in recovering a full and fair settlement for our clients and provide award-winning services. With a proven track record of success and references from past clients, we can provide future clients with the information they need to ensure we are the best fit for their circumstances. Our catastrophic injury attorneys in San Diego have over 20 years of experience and will utilize his knowledge and connections to provide you with the best possible legal representation for your claim. He empathizes with the hardships of catastrophic injury victims and aims to make communities safer.
Arrange a free consultation with a personal injury attorney in San Diego by calling (619) 759-5762 or completing our contact form today.
LEGALLY REVIEWED BY:
Pajman and Parisima Jassim
November 26, 2024
