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A catastrophic injury is one that severely injures a person and leads to long-term, if not permanent, disability and disfigurement. While there is no exact legal definition of "catastrophic injury", they are often categorized by a difficult recovery process, multiple surgeries, and possibly a lifetime of medical treatment. A person suffering from a catastrophic injury may also be unable to return to work, either in his or her chosen field or any field at all, leaving them in a difficult situation. Some examples of injuries that might be considered "catastrophic" for purposes of an injury claim include spinal cord injuries, traumatic brain injuries (TBI), injuries that result in partial or total paralysis, injuries that result in the loss of a limb, severe burn injuries, and injuries that result in disfigurement and significant scarring. In every personal injury case, the injured person is entitled to compensation for all losses stemming from the injuries and their impact. Damages are not only much higher in a catastrophic injury case, but the facts and arguments needed to prove the extent of those damages are more complex, which is why discussing the case with an experienced attorney is usually a good idea.
It should also be known that many states limit the damages a plaintiff in a medical malpractice case can receive from a defendant doctor or other health care provider. Typically, these limits are placed on "non-economic" damages such as pain and suffering and loss of enjoyment of life. The caps vary but generally range from $250,000 to $750,000. However, many of the caps provide that people who have suffered some form of catastrophic injury can receive more than the limit, either an unlimited amount or a higher limit, for example, $1,500,000. If you or a loved one have suffered, or are suffering from a catastrophic injury, please consult an experienced and trusted attorney.
If you or a loved one have suffered, or are suffering from a catastrophic injury, please Call John K. Zaid & Associates, PLLC today, or simply stop by our office to set up your free initial case consultation.