What is a Catastrophic Injury?

Catastrophic injuries are severe injuries that significantly impact your life and abilities. If you sustained a permanent injury or a critical injury that requires long-term medical care, you’re dealing with a catastrophic injury

How Do You Prove a Catastrophic Injury Claim?

Proving a catastrophic injury claim begins with establishing the catastrophic injury through a clinical diagnosis. It isn’t enough to suspect you have long-term injuries that will take months or years to heal; you must have medical records to substantiate the type of catastrophic injury you sustained, the severity of your injuries, and your prognosis. Medical test results and treatment recommendations from a licensed physician can establish your catastrophic injury.

Next, you must prove the source of your catastrophic injury. Records from paramedics that treated you at the scene of the accident, hospital records, testimony from colleagues and friends who knew you before and after your accident, and photographs can verify how you received your injury.

You’ve begun collecting evidence to support your claim during steps one and two. Additional evidence would include police reports, video footage, and witness statements. 

While it’s possible to prepare and present your case at trial, catastrophic injury victims are often busy with medical treatments and adjusting to their injury’s impact on their daily lives. Contact our Englewood catastrophic injury lawyers to get expert insights from experienced personal injury attorneys who can investigate your claims, gather evidence, and prepare your case while you concentrate on your recovery.

Common Ways Catastrophic Injuries Happen

Accidents can occur anywhere, at any time, and due to various factors. However, some accidents are more likely to cause catastrophic accidents, such as:

• Auto Accidents
• Pedestrian Accidents
• Slip-and-Fall Accidents

Auto Accidents

Only a few miles separate Englewood and Denver. This proximity makes Englewood popular for people who work in Denver but want to live in a smaller city. Commuting increases the time people spend on roadways and extends the workday. Longer working days contribute to driver fatigue, which is a leading cause of auto accidents. 

Englewood’s elevation and temperatures contribute to its annual snowfall. Although Englewood doesn’t get as much snow as some other locations, it’s normal for residents to deal with snow from October through April. Falling snow can reduce visibility and create slippery roads, increasing the likelihood of automobile accidents.

Pedestrian Accidents

Many Coloradans enjoy spending time outdoors, and Englewood is home to multiple trails where people walk or hike. The volume of pedestrians increases the chances of a motor vehicle hitting a pedestrian. 

Pedestrians have no protection from motor vehicles, and automobiles travel at much higher speeds, so pedestrian accidents often result in catastrophic injuries. In 2019, Englewood’s sole fatal auto accident was a pedestrian accident, and two pedestrians died in pedestrian accidents in 2016. 

Slip-and-Fall Accidents

Over 13% of Englewood’s 33,820 residents are seniors. As people age, they’re more likely to have these vision issues:

• Cataracts
• Diabetic Eye Disease
• Glaucoma
• Macular Degeneration

Poor vision can increase the risk of slip-and-fall accidents. The risk of falls also increases because people lose muscle mass as they age and experience more issues with balance. Slip-and-fall accidents can all too easily cause catastrophic injuries in people of all ages, but especially in older people.

Common Ways Catastrophic Injuries Happen

A catastrophic injury is a physical injury with a long-term or permanent impact on your abilities and life. Common catastrophic injuries include:

• Amputation
• Birth Injuries
• Eye Injuries
• Disfiguration
• Facial Injuries
• Hearing Loss
• Paralysis
• Spinal Cord Injuries (SCIs)
• Traumatic Brain Injury (TBI)
• Vision Loss

What Unique Needs Must Be Considered in a Catastrophic Injury Case?

Suppose you’re in a minor accident. You have some bruises and a hairline fracture in your radius. Your doctor determines you’ll spend a few weeks wearing a splint before rebuilding your arm strength and range of motion with some exercises. You’re expected to make a full recovery in six weeks. 

In situations like this, the accident victim has a relatively short recovery period. With proper rest and treatment, they should be able to resume typical activities within two months of their accident. Consequently, it’s easier to calculate their short-term expenses than expenses related to a catastrophic injury.

People with catastrophic injuries may need a personal care aide to perform everyday tasks like house cleaning, cooking, and grocery shopping. They may also need an aide to take them to medical appointments. It can be challenging to determine how long they’ll need an aide because they may need surgery to repair a damaged spinal cord or compound fractures. Doctors may continue to adjust their prognosis based on their response to treatment.

Catastrophic injury victims may also need prosthetics, which must be replaced every few years. It can be challenging to account for inflation and other factors affecting these costs. When pursuing a catastrophic injury case, it’s crucial to calculate these long-term needs and additional secondary costs, such as making the victim’s home accessible.

What Damages Are Recoverable in a Catastrophic Injury Case?

Damages fall into one of two categories. Economic damages are costs that you can substantiate with receipts. Non-economic damages can’t be measured with bills. They’re damages that impact the victim’s life.

Examples of economic damages awarded in injury settlements include reimbursement for:

• Medical Bills 
• Medical Equipment
• Childcare Costs
• Lost Wages 
• Personal Care Costs
• Renovation Costs

Examples of future economic damages catastrophic injury victims can receive include:

• Future Childcare and Personal Care Costs
• Future Lost Wages
• Future Medical Bills

Examples of non-economic damages catastrophic injury victims can receive include compensation for:

• Disfigurement
• Impact on Mental Health
• Loss of Quality of Life
• Pain and Suffering 

What Are the Long-Term Effects of Catastrophic Injuries?

Some catastrophic injury victims spend years receiving physical therapy, occupation therapy, or other treatments before recovering from their injuries. These victims may also need surgery and spend most of their time attending medical appointments. Although these victims eventually recover, they may not be able to engage in recreational activities or interact with minor children or their spouses as they once did. Some may be unable to work during their recovery or unable to return to their former profession and need retraining for a new career. 
Many catastrophic injuries will permanently prevent an individual from performing some tasks. For example, an SCI could cause paralysis, preventing the catastrophic injury victim from ever walking again. Some catastrophic injury victims will spend the rest of their lives on disability.

How Do You Get Catastrophic Injury Settlement Funding?

Catastrophic injury settlement funding is an advance on the expected judgment from your catastrophic injury case. You can apply to a catastrophic injury settlement funding lender to receive up to 20% of the funds you’re expected to receive from your lawsuit. These lenders may ask to review your lawsuit details before approving your funding. You can be charged interest, so you must review the contract details before signing an agreement.

Should You Hire an Englewood Catastrophic Injury Lawyer?

Contact the Englewood catastrophic injury lawyers with the Elite Litigation Group to discuss your catastrophic injury. There are many reasons to hire our experienced legal team. We use our legal training and experience to build the strongest legal case possible and take all steps so you can focus on your medical treatments and recovery. 

There’s no risk when you contact us for a free case evaluation. We don’t charge any fees until we win your case. We’ll fight for you to get the maximum compensation you deserve for your catastrophic injuries and how they have impacted your life. 

Sources

¹Englewood, Colorado: Overview. (2020). 

²Fatal car crashes and road traffic accidents in Englewood, Colorado. (2022).

³Home Health and Personal Care Aides. (2022).

Related Catastrophic Injury Resources