Catastrophic Injury Cases: What Should Be Considered When Calculating the Damages

Personal injury laws provide legal avenues for victims who suffer major damages for which they do not recover fully. Any permanent condition that alters the plaintiff’s life negatively presents a possibility of higher than average monetary awards. However, the victim must prove that the defendant caused their injuries. By reviewing how to calculate monetary damages, victims or their families learn how to manage their cases and what to expect going forward. 

What Are Catastrophic Injuries?

Catastrophic injuries are conditions that often lead to permanent disabilities and the loss of organ function or a loss of limb. The effects of the injuries go beyond the standard recovery time for accident injuries and could affect the person negatively for the rest of their lives.

Examples of catastrophic injuries include spinal cord injuries, traumatic brain injuries, paralysis, the loss of limb, blindness, disfigurement, and major internal injuries. Accident victims who sustained a catastrophic injury get started on a legal claim by contacting Reiner, Slaughter, Mainzer and Frankel now. 

What Are Financial Losses That Are Possible In These Cases?

The financial losses in these cases are excessive including the cost of medical bills, rehabilitation services, physical therapy, nursing home care, in-home nursing, lost wages or complete loss of employment, and property repair expenses.

Invoices are collected to show these financial losses to the court. After a catastrophic injury, the victims require more extensive medical services and may require these services for the remainder of their lives. If the victim is incapacitated, a family member can start a legal claim to help the victim collect compensation. 

Establishing the Defendant’s Liability 

In any personal injury case, the evidence must show that the victim sustained injuries, the injuries were severe or life-altering, and the defendant caused the injuries via direct actions or negligence. According to the evidence presented, the judge defines the liability of the defendant.

The percentage of the liability defines how much compensation the victim should receive from the defendant. If there is more than one defendant, the monetary award is collected from all parties for which a liability was proven. If any victim contributed to their injuries, the court reduces their award according to their own percentage of the blame. 

Are There Additional Expenses to Consider?

Yes, if the person’s injuries caused a permanent disability that requires years of treatment or healthcare services, the judge will consider the cost of these medical requirements. In some cases, the accountable party may be required to pay the full cost of nursing home care for the victim or provide a settlement that includes lifetime wages. When calculating lifetime wages, the court considers the victim’s age, projected life span, and the amount of wages they could earn throughout the remainder of their life. 

What Happens If the Victim Dies?

If a victim dies as a result of catastrophic injuries, the surviving family members have the right to start a wrongful death lawsuit. To prove a wrongful death, the family must present evidence that shows the defendant’s actions or negligence contributed to the victim’s death. 

Catastrophic injuries cause permanent conditions that are detrimental and may prevent the victim from ever supporting themselves financially again. The permanent losses lead to non-economic damages in addition to economic damages that reflect the victim’s tangible financial losses. After the injuries, the victim’s life is never the same, and some victims do not survive their injuries. Victims or their families can learn more about calculating lawsuit damages by contacting an attorney now.