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What Damages Can You Recover In Catastrophic Injury
Catastrophic injuries, such as spinal cord damage or traumatic brain injuries, have life-altering consequences.
A victim can recover economic damages, which cover medical expenses, rehabilitation costs, lost income, and future earning capacity. Non-economic damages compensate for pain and suffering, emotional distress, and loss of enjoyment of life. In extreme negligence or misconduct cases, punitive damages may also be awarded to punish wrongdoers and prevent similar incidents.
This guide outlines the damages available in catastrophic injury cases.
Economic Damages You Can Recover from Your Catastrophic Injury
Economic damages cover the financial losses caused by an injury. These include medical expenses, lost wages, future income loss, out-of-pocket costs, property damage, diminished earning potential, permanent disability or disfigurement, specialist care, rehabilitation, travel and transportation, and home or vehicle modifications.
In a recent case, Pamela Morrison, a 74-year-old California woman, won a $7.25 million lawsuit against Universal Studios Hollywood after suffering a spinal injury on the Harry Potter and the Forbidden Journey ride in September 2022. The jury awarded her $250,000 in economic damages to cover medical expenses and financial losses, while the remaining $7 million was for pain and suffering.
1. Medical Expenses (Current and Future)
Medical expenses are all costs associated with medical care resulting from the injury, such as hospital stays, surgeries, rehabilitation, medications, and ongoing or future medical treatments. Given the severity of catastrophic injuries, these expenses may accumulate substantially over a lifetime.
For instance, settlements for traumatic brain injuries (TBI) can range from $700,000 to $1.2 million or more.
To claim compensation, a victim needs detailed medical records of all treatments, such as hospital visits, surgeries, prescriptions, and rehabilitation sessions.
2. Lost Wages and Loss of Future Income
Compensation for lost wages, bonuses, and future earning potential may be awarded if the injury affects a victim’s ability to work. A catastrophic injury victim often misses work during recovery and may even face permanent disabilities that prevent them from returning to their previous jobs. The amount is determined based on evidence like pay stubs, tax returns, and work records, which help establish pre-injury income.
3. Out-of-Pocket Expenses
An injured individual may incur additional out-of-pocket costs related to medical treatment, such as transportation to doctor visits, parking fees, medical supplies, and home assistance. While these costs may seem minor, they add up over time and should be included in a compensation claim.
A victim should keep receipts, travel logs, and expense reports documenting all related expenditures to substantiate these claims. Detailed records demonstrating how these costs directly resulted from the injury strengthen the case for reimbursement.
4. Property Damage
A victim can seek compensation for repair or replacement costs if the catastrophic injury occurred in an accident that damaged personal property — such as a vehicle in a car crash.
To prove the extent of property damage, claimants must provide repair estimates, invoices, and insurance claims. Photographic evidence of the damage, taken immediately after the incident, further supports the claim.
5. Diminished Earning Potential
Some injuries permanently limit a person’s ability to work, even if they do not result in complete disability. If the victim can no longer perform tasks in their previous field or has to take a lower-paying job, they may be entitled to compensation for this long-term financial loss.
Medical evaluations and expert testimony are critical to proving that an injury has led to reduced physical or cognitive abilities that impact work performance. Additionally, vocational expert reports assess how the injury affects future career opportunities and income.
6. Permanent Disability or Disfigurement
Catastrophic injuries may result in permanent disabilities or visible disfigurements, impacting both physical and emotional well-being. A victim may receive compensation to cover adaptive care, lifestyle adjustments, and psychological distress. For example, spinal cord injury settlements can range from $1 million to $5 million, depending on severity.
Proving permanent disability requires comprehensive medical records, expert opinions, and diagnostic test results that demonstrate the long-term impact of the injury. Photographs and video evidence can also highlight how the injury has affected the victim’s daily life.
7. Specialists and Rehabilitation
Catastrophic injuries may require specialized treatment, ongoing therapy, and rehabilitation to regain mobility and independence. Physical therapy, occupational therapy, and psychological counseling expenses can be significant.
To claim these costs, a victim should present invoices from medical specialists, treatment plans, and therapist reports outlining the necessity and frequency of rehabilitation. Insurance statements can further validate ongoing medical needs.
8. Travel and Transportation
A victim may need to travel for specialized medical treatments not available in their local area. This includes transportation costs, fuel expenses, lodging, and airfare if treatment requires long-distance travel.
Proof of these expenses includes travel receipts, accommodation bills, and medical appointment schedules showing that travel was necessary for treatment.
9. Home and Vehicle Modifications
Severe injuries may require a victim to modify their home or vehicle for accessibility. This includes installing a ramp, widening doorways, or adding a stair lift in their house. They may need to modify their car for wheelchair access.
To receive compensation, a victim needs contractor estimates, invoices for completed modifications, and recommendations from occupational therapists outlining the necessity of these changes. Photographic evidence of modifications can further support the claim.
Non-Economic Damages
Non-economic damages are compensations awarded to a victim of catastrophic injuries for intangible losses that do not have a direct monetary value. These damages address the profound personal impacts of an injury, encompassing various aspects of a victim’s life.
1. Pain and Suffering
Compensation is awarded for the pain and suffering endured due to the injury, with the severity and duration of the pain influencing the amount. Evidence supporting these claims includes medical records detailing the extent of injuries, personal journals documenting daily pain levels, and testimonies from family members describing changes in the victim’s demeanor and quality of life. Expert witnesses, such as medical professionals, can also provide insights into the long-term impact of the injuries.
2. Emotional Distress
Emotional distress damages address psychological impacts like anxiety, depression, or post-traumatic stress disorder resulting from the incident. To substantiate these claims, a victim may present mental health records, diagnoses from psychologists or psychiatrists, and testimonies illustrating how the injury has affected their mental well-being. Documentation of treatments, such as therapy sessions, further supports the claim.
3. Scarring and Disfigurement
Compensation is awarded for scarring and disfigurement that affect appearance and may lead to psychological challenges. Evidence may include photographs of the injuries, medical records, and expert testimonies.
Additionally, statements from the victim and close associates about the emotional and social impact of the disfigurement can strengthen the claim.
4. Loss of Enjoyment of Life
Loss of enjoyment of life is awarded when a victim can no longer participate in hobbies, recreational activities, or other aspects of life they once enjoyed. Evidence may include personal testimonies, statements from friends and family, and documentation of activities the victim can no longer engage in due to the injury. Expert opinions on how the injury affects the victim’s ability to enjoy life can also support the claim.
5. Loss of Consortium
Compensation to family members, particularly spouses, for the loss of companionship, affection, or sexual relations due to the victim’s injuries is categorized as loss of consortium.
Testimonies from spouses or close family members detailing the impact of the injury on their relationship, along with expert evaluations, can serve as evidence. This damage acknowledges the broader effects of catastrophic injuries on personal relationships.
Punitive Damage
Unlike economic and non-economic damages, which compensate a victim for their losses, punitive damages are awarded to punish the defendant for reckless or intentional misconduct. These damages are typically awarded in cases where the responsible party’s actions were particularly egregious or showed a blatant disregard for others’ safety.
To successfully claim punitive damages, a plaintiff must demonstrate that the defendant’s actions were more than just negligent — they must have been willfully malicious, fraudulent, or grossly reckless. This involves proving that the defendant acted with a conscious and deliberate disregard for the rights or safety of others.
The standard for awarding punitive damages is typically higher than compensatory ones. Many jurisdictions require the plaintiff to provide “clear and convincing” evidence of the defendant’s malicious intent or gross negligence. This heightened standard ensures that punitive damages are reserved for truly reprehensible conduct.
Types of Evidence to Support Punitive Damages
To substantiate a claim for punitive damages, plaintiffs can present various forms of evidence:
- Defendant’s Conduct: Documentation or testimony illustrating the defendant’s intentional or grossly negligent actions.
- Prior Incidents: Evidence of previous similar misconduct by the defendant, demonstrating a pattern of behavior.
- Internal Records: Company policies, emails, or memos that reveal knowledge of the harmful nature of their actions or a deliberate decision to ignore risks.
- Financial Condition: Information about the defendant’s financial status to assess an appropriate punitive award that serves as a deterrent without being excessive.
Legal Representation
Given the complexities and stringent requirements associated with punitive damages, an experienced legal counsel may be needed to assert it. An attorney can help gather compelling evidence, navigate legal standards, and effectively present the case to meet the necessary burden of proof.
Successfully claiming punitive damages requires a thorough demonstration of the defendant’s particularly harmful behavior, supported by clear and convincing evidence, to achieve both punishment and deterrence.
Frequently Asked Questions
Can family members seek compensation in a catastrophic injury case?
Family members can seek compensation for a catastrophic injury in cases where the victim cannot advocate for themselves. They may seek damages for lost companionship, financial support, and caregiving costs.
Is there a time limit to file a catastrophic injury claim?
The time limit to file a catastrophic injury claim depends on the state’s statute of limitation state. In Washington D.C. victims have up to 3 years from the date of the injury to file a lawsuit. A victim should consult an attorney as soon as possible to protect their rights.
Do you need a lawyer for a catastrophic injury claim?
A victim needs an experienced attorney for a catastrophic injury claim to help maximize compensation by proving liability, assessing long-term damages, and negotiating with insurance companies.
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