What Is a Catastrophic Injury in a Personal Injury Claim?
A personal injury claim requires some form of injury to be valid – whether it is a brain injury, wrongful death, illness, paralysis, etc. While all injuries are serious to some degree, not all injuries are classified as “catastrophic.”
A catastrophic injury is something that requires significant medical treatment, typically on an emergency and grand scale. These injuries are severe and may even be fatal. A victim could suffer extreme pain, emotional distress, and compounding medical costs associated with the injury.
Catastrophic injuries are sudden and unexpected. Their impact on the victim’s life itself is what classifies them as catastrophic. Just some types of injuries that could be considered severe enough include:
- Brain injury
- Spinal cord or nerve damage
- Loss of bodily function
- Neurological disorders
- Damage to the nervous system
A person could lose cognitive and/or communicative abilities, physical sensation, or their ability to move after a catastrophic injury. Managing these illnesses and injuries will take countless appointments and, oftentimes, long-term care.
Who is Responsible for a Catastrophic Injury?
Determining the party responsible for a catastrophic injury is important. Typically there is just one party involved, but in some cases there could be several other parties liable for injuries – even if they were not present at the accident scene itself. It is important to hire an attorney that specializes in such serious injuries so that they can properly investigate which parties are liable for the injuries and hold them accountable for their negligence.
Informed Consent and Catastrophic Injuries
If the catastrophic injury was the result of medical error or malpractice, the issue of informed consent is likely to arise. In these situations, medical professionals are required to gather a patient’s informed consent before using a medication or medical procedure. Informed consent can vary – and in cases where the patient consents, the doctor can still be liable for injuries that are the direct result of their action. Therefore, injured patients should not assume that if they consent they no longer have a malpractice claim.
Injuries Do Not Have to be Catastrophic to Qualify for a Lawsuit
A person does not have to suffer from a “catastrophic” injury in order to file a lawsuit. Any injury that results in losses – financial, as well as pain and suffering – can qualify for a personal injury lawsuit. It is important that you speak with a skilled attorney first to assess the value of your potential case and your options for recourse.
Contact a Nevada Personal Injury Attorney Today
If you or a loved one has suffered from a serious or catastrophic injury, contact an attorney at De Castroverde Law Group now. We offer no obligation consultations at 702-222-9999, or you can fill out an online contact form to get started.