Some types of accidents caused by others result in minor injuries. Other types of accidents may cause catastrophic injuries that change a victim’s life forever.

If you’ve suffered catastrophic injuries because of someone else’s negligent acts, you may need to sue to recover compensation for your damages. Catastrophic injuries result in massive medical bills and may require a lifetime of ongoing care. Catastrophic injury claims allow you to collect damages that compensate you for your losses.

California’s Definition of Catastrophic Injury

When people make injury claims, they may wonder what is considered a catastrophic injury. California considers an injury catastrophic when it is permanent or long-term, painful, and severe.

Catastrophic injuries often include loss of a limb or organ, paralysis, severe or disfiguring burns, traumatic brain injuries, spinal cord injuries, or any injury that results in deafness or blindness. To better understand the role of damages in your claim, you first need to determine who is liable for causing your injuries.

Who Can Be Held Liable for Catastrophic Injuries?

In many cases, your catastrophic injuries may have been caused by one negligent person, such as the owner of a dog that attacked you or the driver of the car that crashed head-on into your vehicle. However, there are just as many cases where there is more than one at-fault party.

In California, you can file a lawsuit against every person or entity who was responsible for causing your injuries. Since it is challenging to navigate the legal process, you will need an attorney experienced with representing catastrophic injury victims to ensure you are fairly represented.

How Partial Fault May Come into Play

It would be exhausting to try to represent yourself if you have a catastrophic injury. However, another element of California law is the reason why you will want to arm yourself with legal representation.

California uses a comparative fault system that allows you to seek compensation even if you played a role in the injury accident. You may be assigned a percentage of fault which would be applied to your overall compensation award. If you didn’t do anything to contribute to the accident, you do not want to have your compensation reduced. With an attorney, you will have someone looking out for your best interests after a catastrophic injury.

What Damages Are Available to Those with Catastrophic Injuries?

The role of damages in catastrophic injury claims is to attempt to make you whole again. This is always a challenge in catastrophic injury cases since you may have suffered injuries that prevent you from ever walking again. Still, the damages you can recover will help you pick up the pieces of your life. They will provide money to cover the expenses associated with your injuries, like ongoing care, lost wages, and more.

Every case has unique circumstances, but catastrophic injury victims may be able to pursue compensation for the following damages:

Medical Costs

You can collect damages for the medical expenses you’ve incurred from your catastrophic injuries, including ambulance fees, surgeries, hospital stays, and long-term hospital care. You can also collect compensation for physical or occupational therapy and in-home modifications that were required to help you adjust to your new physical limitations.

Lost Wages and Reduced Earning Capacity

Many victims of catastrophic injuries can no longer work while some may not be able to return to their previous careers. You can seek damages for your lost wages and the loss of earning capacity in the future.

Pain and Suffering Damages

Catastrophic injuries are among the most physically painful to endure. They also take a huge emotional toll, leaving you with anxiety, grief, and emotional distress. You may no longer be able to do the things that once brought you joy. Disfigurements and physical impairments that have caused incredible suffering can allow you to recover compensation for these damages.

Wrongful Death

Unfortunately, those who suffer catastrophic injuries may not always survive. Families are left with a void from the loss of a loved one, but they are not left without justice. If you lost a loved one due to a catastrophic injury someone else caused, you can sue for damages for the financial support your loved one would have contributed in their lifetime. You can also seek damages for funeral and burial expenses, loss of love, loss of companionship, and more.

Punitive Damages

Punitive damages are awarded in rare circumstances when the defendant’s actions were especially reckless, egregious, or intentional. This could potentially add substantial amounts to your total compensation.

Filing Catastrophic Injury Claims on Time

If you are planning to file a lawsuit for your catastrophic injuries, you should not wait to take action. The statute of limitations in California only gives you two years from the date of your personal injury to file a claim. Some circumstances may shorten that time or extend it, so it is ideal to consult an attorney to find out the best way to pursue compensation.

Even if you get an extended amount of time, waiting may make it harder to gather evidence or track down witnesses. Filing quickly gives you a better chance of recovering what you deserve.