Catastrophic Injuries in Virginia

While there are a number of different types of injuries that cause significant pain and result in the accrual of substantial medical debt, certain injuries tend to have particularly devastating consequences. Catastrophic injuries, however, as their name suggests, are especially notorious for causing an extreme amount of pain and resulting in permanent disability. For many accident victims who sustain these types of serious injuries, obtaining compensation from the person or entity who caused their accident is often the only option for paying off medical expenses, repairing or replacing damaged property, and replacing lost wages. 

Unfortunately, filing a claim can be extremely difficult, especially for those who are suffering from severe injuries, so if you or a loved one recently suffered a catastrophic injury, you should contact an experienced personal injury lawyer who can walk you through your legal options. 

Defining Catastrophic Injury

Determining whether an injury qualifies as catastrophic in nature can be difficult. Most healthcare professionals, however, agree that the two characteristics that set these types of injuries apart are their severity and permanence. For instance, catastrophic injuries almost always involve a lengthy recovery period and long-term hospitalization, even after which, the injured party will most likely suffer from some sort of permanent disability. Serious injuries to the brain and spine fall under this category. These are by no means, however, the only types of injuries that qualify as catastrophic in nature. Other common catastrophic injuries include:

• Severe burns, which could require skin grafts, surgery, and rehabilitation;
• Paralysis, resulting from trauma to the spinal cord;
• Eye injuries resulting in partial or total blindness;
• Organ damage, common examples of which include punctured lungs and perforated spleens or livers;
• Disfigurement, including severe scarring;
• Internal bleeding, which is often the result of blunt force trauma, damage to the blood vessels around the site of injury, and compression of the organs and can prove deadly if left untreated; and
• Amputations and severe lacerations, which come with a risk of permanent muscle damage or a loss of mobility.

All of these injuries are considered catastrophic, as they typically result in both permanent and debilitating impairment, as well as some sort of incapacitation, making it difficult, if not impossible, for injured parties to work or continue leading their lives as they did prior to the injury. 

What Causes Catastrophic Injuries?

Catastrophic injuries can and do occur in a variety of different circumstances, but most are the result of a serious accident, such as:

• A car or truck crash;

• A workplace accident;

• A defective consumer product;

• A slip and fall accident;

• A sporting event;

• A bicycle or pedestrian accident; or

• An animal attack. 

When a person sustains a catastrophic injury in one of these types of accidents, he or she could be entitled to compensation. This is only possible, however, for those who can provide evidence of someone else’s negligence. 

Proving Negligence

Before a person can recover damages for a catastrophic injury, he or she will need to prove that:

• The defendant owed a duty of care to the plaintiff;

• The plaintiff breached that duty; and

• The plaintiff suffered an injury as a result of the defendant’s breach.

How a plaintiff demonstrates negligence depends in large part on the type of accident in question. If, for instance, a person suffers severe burns in a car accident, he or she may need to provide photographs from the scene of the crash, witness statements from those who saw the accident occur, footage from traffic cameras, and injury-related medical records. Someone who sustained a traumatic brain injury after slipping and falling in a grocery store, on the other hand, could need to provide copies of photographs from immediately after the accident and any reports of similar accidents that occurred in the same place on prior occasions. 

Recovering Compensation

When a plaintiff has proved that someone else’s negligence caused his or her accident, that individual could recover compensation for:

• Past and future medical expenses, including the cost of emergency treatment, surgery, hospital care, nursing assistance, rehabilitation, and therapy; 

• Lost wages incurred during the injured party’s rehabilitation;

• Loss of future income due to permanent disability;

• Any property that was damaged or destroyed in the accident;

• The pain and suffering endured by the injured party as a result of the accident; and

• The emotional distress suffered by the plaintiff and his or her family members because of the accident. 

Calculating these damages can be a complicated process, making it especially important for those who sustain catastrophic injuries, to speak with an experienced personal injury lawyer who can account for all of the injured party’s losses. 

An Experienced Personal Injury Lawyer in Blackstone

To speak with a dedicated Virginia lawyer about recovering compensation for your own catastrophic injuries, please call Herbert E. Maxey, Jr. at 434-969-4873 today or complete one of our brief online contact forms. 

Related Content:

• Buckingham, VA Car Accident Lawyers
• Buckingham, VA Truck Accident Lawyers

About the Author:

Herbert Maxey