Can I Seek Additional Compensation for a Catastrophic Injury in California?

If you or someone you love suffered a catastrophic injury in a Carlsbad accident caused by another person’s negligence, can you be eligible for additional compensation? We often hear about “catastrophic” injuries that result in serious and permanent disabilities, but it can be difficult to know precisely what the term means and how it affects damages in a personal injury lawsuit. In short, you may be eligible for higher compensation after a more serious accident, including one in which catastrophic injuries occurred, and our Carlsbad personal injury and wrongful death attorney can explain in more detail.

What is a Catastrophic Injury?

What counts as a “catastrophic” injury? Depending on who you ask, the definitions can be slightly different. According to Merriam-Webster, an injury that is “catastrophic” is one that has resulted from a catastrophe, defined as “a momentous tragic event.” Yet that definition is not very specific, especially when it comes to questions of liability and damages after catastrophic injuries arising out of accidents.

The National Center for Catastrophic Sport Injury Research provides a more specific definition, indicating that catastrophic injuries are best defined as “fatalities, injuries that result in permanent functional disability, and serious injuries that result in temporary functional disability with full recovery.” In other words, a catastrophic injury can be one that always results in some type of functional disability, though the outcome can range from full recovery to death. That Center cites the following as commonly occurring examples of catastrophic injuries:

● Spinal cord injuries (SCIs);
● Brain bleeds;
● Skull fractures and other traumatic brain injuries (TBIs);
● Heat stroke;
● Sudden cardiac arrest;
● Internal organ injuries.

Calculating Damages for Catastrophic Injuries

While there is no specific statute addressing catastrophic injuries as opposed to other severities of physical and emotional harm, plaintiffs who file claims for catastrophic injuries may be eligible for higher damages awards based on California’s compensatory damages law, which allows injury victims to obtain different types of compensatory damages that are designed to compensate them for both objective monetary losses and subjective non-monetary losses that have resulted from their injuries.

Under California law, a plaintiff or claimant can be eligible for compensatory damages that include economic and non-economic damages. Since a catastrophic injury typically results in significantly greater economic damages (such as hospital bills, other medical care, and rehabilitation), as well as greater non-economic damages (such as loss of enjoyment of life, or pain and suffering), catastrophic injuries typically do result in more substantial or higher damages awards in a personal injury or wrongful death claim.

Contact Our Carlsbad Personal Injury Attorneys Today for Assistance with Your Catastrophic Injury Claim in North County

Did you sustain catastrophic injuries in an accident in Carlsbad or elsewhere in North County? Or did a spouse, parent, child, or other loved one die as a result of a catastrophic injury in the San Diego area? It is important to find out more about filing a personal injury or wrongful death lawsuit and seeking compensatory damages available under California law. One of our Carlsbad personal injury and wrongful death lawyers can help you. Contact North County Injury Lawyers today for more information about our services.

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