Any time there has been a severe injury and a lawsuit, there is usually large amounts of money involved which means there is significant legal work for both the victim’s side and the defendant’s side. Significant injuries are viewed as catastrophic injuries. Lawsuits involving catastrophic injuries present issues involving a person suing the defendant.
First it’s important to understand catastrophic injury. In a nutshell, a catastrophic injury where the plaintiff has been severely injured that leads to permanent disfigurement and long term disability. There isn’t specific legal definition for catastrophic injury, however it’s generally accepted that these types of injuries have a long recovery process, possibly multiple surgeries and generally a long-term rehabilitation and medical treatment. Chances are high that the individual suffering the catastrophic injury will not be able to work in their chosen field. They may be unable to return to work in any field due to their injuries.
Key considerations for injuries
As mentioned, there is no legal definition for catastrophic injury. There are, however, key considerations to consider. One of the key factors to consider if an injury receives the catastrophic status is the nature of the damage and injury. The injury needs to be so severe that the affected person is no longer able to perform normal functions for a long time. Those who have experienced catastrophic injury will generally require continual assistance such as live in care for long or short period.
Another major factor that is taken into consideration is the plaintiff’s livelihood. Long term harm and injuries can result in a disability that prevents the plaintiff from being able to return to work in the same capacity of work, as before the accident. If this is the case, the injury is considered catastrophic.
Examples of catastrophic injuries are injuries with partial or total paralysis, traumatic brain injuries (TBI), severe burn injuries, injuries that result in amputation, spinal cord injuries, and injuries that cause significant scarring or any type of disfigurement.
The person injured is entitled to compensation for the losses that are a result of the injuries sustained in the accident. In catastrophic cases, the compensation is much higher due to the nature of the injuries. The legal process of proving the extent of the injuries is also much more complex, which is why it’s essential to have an experienced lawyer in any case involving catastrophic injuries.
If the Injury is Less Severe
Regardless of the level of injury, if the defendant is found liable for the plaintiff’s injuries, the defendant will need to pay whatever damages the court deem reasonable. There are different levels of personal injury. In catastrophic injury cases, the compensation is much higher because the damages sustained by the victim are more significant. Sometimes it’s determined that what appeared initially to be a catastrophic injury may not have as much of a lifelong impact on someone as what was originally thought. Then the injury is considered less severe. The legal process for this can be very complicated making it essential to have a good personal injury lawyer in St. Catharines.