October 5, 2023

Catastrophic Injury Lawyer

Determining Catastrophic Injury Fault & Compensation

Catastrophic Injuries: Insights from a seasoned personal injury law firm.


We're here to unravel the intricacies of catastrophic injuries, armed with years of experience navigating this challenging terrain. Catastrophic injuries aren't just legal cases; they are profound life events that demand a unique approach.

So get ready to take some notes. We are delving into how to understand these injuries, assess fault, and secure the compensation you rightfully deserve.

Understanding the Gravity

Catastrophic injuries represent a spectrum of life-altering conditions, each presenting its distinct set of challenges. It's important to know how each injury type presents a different legal fight. Here are some of the most common but severe catastrophic injuries our firm has encountered:

  1. Loss of Limbs: Coping with the loss of limbs due to accidents requires immense resilience and adaptation.
  2. Burns: Severe burns, beyond the physical pain, inflict deep emotional scars, necessitating both medical and emotional support.
  3. Traumatic Brain/Spinal Cord Injury: These are not just injuries; they are seismic life events that demand comprehensive medical care and a strong will to rebuild.
  4. Organ Damage: Damage to vital organs introduces a labyrinth of medical complexities, best navigated with expert guidance.
  5. Amputation: Surgical amputations, whether due to accidents or medical conditions, present multifaceted challenges, from physical rehabilitation to emotional adjustment.

Immediate Action is Critical

In the realm of catastrophic injuries, time is of the essence. Seeking immediate medical attention is not negotiable. Additionally, reaching out to an experienced catastrophic injury attorney can be your lifeline. Don't be swallowed up by the stormy seas that is a catastrophic injury case.

Key Principles for Determining Fault in a Catastrophic Injury Case

To determine fault in a catastrophic injury case, the injured party must prove the following elements:

  • Duty of care: The defendant owed the injured party a duty of care. This means that the defendant had a legal obligation to act in a way that would not cause harm to the injured party. For example, drivers owe a duty of care to other drivers, pedestrians, and bicyclists.
  • Breach of duty: The defendant breached their duty of care. This means that the defendant failed to act in a way that a reasonable person would act in the same circumstances. For example, a driver who runs a red light is breaching their duty of care.
  • Causation: The breach of duty caused the injured party's injuries. This means that the injuries would not have occurred if the defendant had not breached their duty of care. For example, if a driver runs a red light and causes a car accident, the driver's breach of duty caused the injuries of the other driver and passengers.

Comparative Negligence

In some cases, the injured party may share some responsibility for the accident or the events that led to the injury. This is known as comparative negligence. If the injured party is found to be partially at fault, their damages will be reduced by the percentage of their fault. For example, if a driver is found to be 20% at fault for a car accident, their damages would be reduced by 20%.

Key Principles for Determining Compensation in a Catastrophic Injury Case

If the injured party is successful in proving negligence, they may be entitled to compensation for their losses. This may include:

  • Medical expenses: This includes the cost of past and future medical expenses, such as hospital stays, surgery, physical therapy, and medication.
  • Lost wages: This includes the cost of wages lost due to the injury, as well as the cost of future lost wages if the injured party is unable to return to work.
  • Pain and suffering: This includes compensation for the physical and emotional pain and suffering caused by the injury.
  • Loss of enjoyment of life: This includes compensation for the loss of the ability to enjoy activities that the injured party previously enjoyed.

In addition to these compensatory damages, the injured party may also be entitled to punitive damages if the defendant's conduct was particularly egregious. Punitive damages are intended to punish the defendant and deter others from engaging in similar conduct.

Catastrophic Injury Cases

Catastrophic injury cases are often complex and require the assistance of an experienced personal injury attorney. An attorney can help the injured party investigate the accident, gather evidence, and build a strong case. An attorney can also negotiate with the defendant's insurance company or represent the injured party in court if necessary.

If you have been injured in an accident that resulted in a catastrophic injury, please consider contacting one of our experienced personal injury attorneys to discuss your legal rights and options.

Other Causes Of Catastrophic Injury

Catastrophic injury cases are not limited to automobile accidents; they span various domains, including:

  • Falls: Falls are the leading cause of catastrophic injuries in older adults, but they can happen to anyone of any age. Falls are most common at home and in the workplace. Common causes of falls include wet or slippery surfaces, poor lighting, uneven surfaces, tripping hazards, clutter, lack of grab bars in bathrooms, and unsafe ladders and scaffolding.
  • Medical malpractice: Medical malpractice is another common cause of catastrophic injuries. It occurs when a healthcare professional fails to provide the standard of care that a reasonable healthcare professional would provide in the same circumstances. Medical malpractice can lead to serious injuries, such as brain injuries, spinal cord injuries, paralysis, and even death.
  • Violence: Violence, including gun violence, knife violence, and assault, can also lead to catastrophic injuries. Victims of violence may suffer from traumatic brain injuries, spinal cord injuries, burns, and other serious injuries.
  • Sports and recreation: Sports and recreation activities can also lead to catastrophic injuries, especially high-impact sports such as football, rugby, and hockey. Common catastrophic injuries in sports include traumatic brain injuries, spinal cord injuries, and ligament tears.
  • Product defects: Defective products can also cause catastrophic injuries. Examples of defective products that have caused catastrophic injuries include faulty airbags, exploding batteries, defective medical devices, and unsafe toys.
  • Workplace accidents: Workplace accidents can also lead to catastrophic injuries. Common causes of workplace accidents include falls, machinery accidents, exposure to toxic substances, explosions, and fires.

In every one of these accident types fault and compensation must be determined. Each is a unique puzzle that often requires experts to fully unravel. Our personal injury attorneys have seen a myriad of accident cases. That experience in each type of accident case is used to best build your case and secure your compensation.

The Power of Legal Experience

After a catastrophic injury, you're thrust into a challenging landscape fraught with medical bills and lost income. Major injuries require major help. Going it alone can benefit the insurance company. There's a reason people so often engage with a seasoned personal injury lawyer. Doing so can mean the difference between receiving rightful compensation and facing unnecessary stress.

When seeking a personal injury attorney, consider these key attributes:

  • Experience: Seek a lawyer with a proven track record in handling catastrophic injury cases.
  • Empathy: An attorney who comprehends the emotional toll of such injuries can offer invaluable support.
  • Communication: Clear, transparent communication forms the foundation of a successful attorney-client relationship.

Never settle for less than what you deserve. Schedule a free consultation with a reputable firm like Johnson Law, and embark on the path toward securing fair compensation and justice. Remember, you don't have to go through this journey alone. Get an experienced guide to see you through the storm. Once retained, we are here to guide you through these challenging times.

Other Resources for Catastrophic Injury Cases

One way or another we want you to get the help you need. So feel free to call us for your free consultation. If you want more information though read more on personal injury or for outside resources here are three reputable sources on determining fault and compensation in a catastrophic injury case:

  1. Nolo Personal Injury Law Center: Nolo is a leading provider of legal self-help resources. Their website includes a comprehensive section on personal injury law, including information on determining fault and compensation in catastrophic injury cases.
  2. American Bar Association: The American Bar Association (ABA) is the national organization of lawyers in the United States. The ABA's website includes a section on personal injury law, including information on determining fault and compensation in catastrophic injury cases.
  3. FindLaw: FindLaw is a legal website that provides information on a variety of legal topics, including personal injury law. Their website includes a section on catastrophic injuries, including information on determining fault and compensation in catastrophic injury cases.

Knowledge is power in an accident case. Get the process of recovery started by calling us today.

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(971) 205-3266
1323 NE Orenco Station Pkwy
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Hillsboro, OR 97124


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