What Compensation Can You Expect in a Catastrophic Injury Lawsuit?
After suffering a catastrophic injury, many people end up with permanent disabilities, have to use long-term medical care, and their lives might not be the same again. A person may experience such injuries from a car crash, accidents at work, a defective product, or medical errors. If a person receives a terrible injury thanks to another’s carelessness, it may be essential to file a lawsuit for justice and recovery of damages.
A catastrophic injury lawsuit may provide compensation beyond the initial hospital expenses. A victim can get compensated for injuries and experiences that can and cannot be measured. Next, we discuss the kind of compensation you may receive in a settlement, how those amounts are decided, and what you should expect in a claim.
1. Medical Expenses – Past, Present, and Future
Most catastrophic injury lawsuits involve medical costs. Examples include emergency visits, hospital stays, surgeries, necessary medication, physical therapy, and medical equipment such as wheelchairs and prosthetics. Since catastrophic injuries require care for years or even a lifetime, this area of compensation is among the most important.
“Both the courts and insurers will consider future medical costs when determining the amount of damages. Often, experts in medicine are asked to estimate the costs for recovery, medical attention, and serious problems that may arise: the greater the long-term effects of the injury, the higher the payout,” said Dr. Nick Oberheiden, Founder at Oberheiden P.C..
2. Lost Income and Loss of Earning Capacity
An individual may never be able to go back to their job if they suffer a catastrophic injury. The losses may include the pay you missed while hurt and your future potential earnings if the injury is serious. This step in calculating requires examining the victim’s income, possible job growth, and how old they are, among other economic aspects.
“Loss of work abilities is not the same as lost wages and may result in a much larger settlement. The court will estimate how much the victim might have made without injury. If a promising professional ceases to be able to work because of injury, they may lose millions in future wages,” said Timothy Allen, Director at Corporate Investigation Consulting.
3. Pain and Suffering
Pain and suffering are about the adverse effects of an accident on a person’s body and mind, not on financial losses. A person may struggle with ongoing pain, anxiety, depression, PTSD, and no longer enjoy life. While it’s not easy to assign a dollar value to these injuries, they are a significant component of a suit settled following catastrophic injuries.
“Based on how meaningful and long-lasting the suffering is, the court multiplies other compensation by a factor to consider pain and suffering. When someone with a spinal cord injury leading to paralysis receives compensation, it is usually for the mental impact and significant changes in their daily life,” said Martha Bowen, Marketing & New Business Manager at Boldspace.
4. Expert Insight: A Legal Perspective on Catastrophic Injury Compensation
William Theodoros, Attorney at Theodoros & Rooth, P.C., emphasizes that “Catastrophic injury cases demand a comprehensive approach, not just legal knowledge but a true understanding of the long-term effects on victims and their families.”
According to Theodoros, “Identifying all avenues of compensation, including less obvious damages like emotional trauma or life adjustments, is essential for ensuring justice.” He further notes, “Early legal intervention is critical to building a strong case and maximizing the outcome for clients, who often face the most challenging chapter.”
5. Home and Vehicle Modifications
Carl Panepinto, Marketing Director at Manhattan Flood Restoration, said, “With many catastrophic injuries, changes may be needed to where the victim lives. For example, this may include setting up a wheelchair ramp, renovating the bathroom, or finding a vehicle with extra features. These features make a person more self-reliant and are accepted as valid in a lawsuit.”
The company can estimate or base its expenses on the real invoices, and consulting with experts can ensure the correct estimations. Such changes are necessary for victims to live dignified lives every day. Therefore, these types of costs are often paid for in a settlement or money awarded by the court.
6. Loss of Consortium and Companionship
When someone suffers a catastrophic injury, it affects the family too. It means that when someone’s loved one is seriously harmed, their spouse or family does not receive the affection, companionship, care, and comfort they once had. Many states allow spouses and even children to make these claims.
It offers financial assistance to account for the emotional and social upheaval resulting from a catastrophic injury. A spouse may now have to spend all their time caring for the other person or stop sharing the same emotional connection they had in the past. As a result of these significant changes, courts now account for losses other than what the victim went through.
7. Punitive Damages in Cases of Gross Negligence
Usually, compensation tries to improve the victim’s life, but punitive damages aim to punish the defendant for serious misconduct. The court may grant these in situations such as drunk driving accidents or seriously unsafe actions in the workplace.
Punitive damages are granted on rare occasions, yet their presence can considerably boost the money claimed for damages. The purpose is to punish the offender and discourage others from doing the same thing. In well-known and awful cases, sometimes punitive damages are larger than compensatory damages.
Conclusion
Catastrophic injury lawsuits help victims whose lives have been greatly affected recover compensation. They allow victims to recover from financial trouble, pay for medical needs, and be compensated emotionally and for lifestyle changes. The victims and their loved ones can receive monetary compensation for all their losses.
While damages cannot relieve pain or make health perfect once again, a claim can ensure that people responsible for the accident are held accountable and those hurt are provided with resources. You should meet with a personal injury lawyer to get guidance on your case and receive the compensation you are entitled to.
