What is a catastrophic injury in California
A catastrophic injury is a physical injury which is extremely serious or life threatening. It has a considerable impact on the victim’s life and is often, but not always, permanent. Catastrophic injuries can take months or years to heal and often have a lifelong effect even if partial recovery is made.
Examples of catastrophic injury include: paralysis, traumatic brain injury, spinal cord injury, severe or disfiguring burns, loss of a limb or the use of a limb, or an injury resulting in deafness or blindness.
A catastrophic injury is any injury that permanently prevents someone from performing any gainful work.
Examples of types of catastrophic injuries include:
- spinal cord injuries,
- paralysis/paraplegia,
- injuries causing blindness or deafness,
- amputations or other losses of a limb,
- disfigurement,
- injuries involving permanent disability,
- severe burn injuries,
- chronic lung damage (for example, from asbestos),
- traumatic brain injury (TBI), or
- other brain injuries that result in permanent cognitive impairment, physical disability, or mood imbalance.
Catastrophic injuries commonly arise out of:
- motorcycle accidents,
- truck accidents,
- construction accidents,
- auto accidents or car accidents, and
- cases involving defective products.
Injury victims who suffer from a catastrophic or serious injury typically undergo extensive medical care and a life-changing experience that often involves a diminished quality of life.
Who is liable in the State of California for catastrophic injuries?
Defendants in these cases normally include:
- negligent parties,
- product manufacturers,
- property owners,
- employers, and
- animal owners.
Although many injuries involve only one responsible person (such as the owner of an animal that attacked you, or the driver of a car that struck your vehicle), there may be more than one. Thus, California law permits filing suits against every person or entity that might have been responsible for your injuries. Additionally, a case may be filed in California against the owner or manager of property on which you were injured if you suffered an injury as a result of the conditions on that property. Furthermore, if you were hurt by a defective product, or by a defective warning on a product, you may sue the product’s manufacturer, the distributor, or the product’s seller.
Can I claim compensation if I was partially to blame for my injury
Due to the legal doctrine ‘comparative fault’, it may be possible to claim compensation for a catastrophic injury even if it was partially the victim’s fault.
The compensation amount may be reduced according to the percentage the victim was deemed to be at fault.
What is the time limit to file a claim for catastrophic injury in California?
California’s Statute of Limitations ordinarily provides two years to file suit, beginning with the date of the injury that forms the basis of a personal injury lawsuit. There are, however, different time frames established under state law, which can apply differently, depending on what you could have known and exactly when you could have filed your suit as a result. You have one year to sue beginning with the date of discovering if you’ve been the victim of medical malpractice, for example, but you can sue more than three years after the malpractice injury date if the injury was intentionally concealed from you. In addition, government entities have different deadlines that require you to file a claim within six months.
How can a Catastrophic Injury Attorney help you to get justice
If you or a member of your family are the victim of a catastrophic injury, your finances are likely to be greatly affected and you may wish to seek compensation. Our attorneys can advise on the likelihood of success and what evidence is required to make your claim into a viable case so you can get the maximum amount of compensation possible.
Successful claimants in catastrophic injury cases can be awarded compensation for loss of earnings, medical bills, loss of future earning capacity, pain and suffering and property damage.
Contact Stalwart Law to book a consultation with our team of catastrophic injury lawyers.