When someone is injured because of another person’s negligence, the harm that they suffered is often referred to as a personal injury. However, not all personal injuries are the same. Minor personal injuries heal with time and treatment, while more serious injuries can alter a person’s life permanently. These injuries are known as catastrophic injuries.
Catastrophic injury cases are a type of personal injury claim. However, they are much more complex from a legal standpoint, and when it comes to medical planning, financial preparation, and long-term care considerations. Our experienced West Virginia personal injury lawyers will fight to get you the money that you deserve for your catastrophic injuries.
Johnstone & Gabhart represents West Virginians across a range of serious injury cases, including brain injuries, back and spine injuries, burn injuries, and other catastrophic injuries. We offer free initial consultations and never charge a fee unless we get money for you. Contact our law offices today to schedule an appointment with a West Virginia catastrophic injury attorney.
What Is a Personal Injury?
A personal injury is any physical, emotional, or psychological harm that is caused by another person’s negligence (carelessness), recklessness, or intentional conduct. It may also be referred to as a tort. In West Virginia, most personal injury claims are brought based on a theory of negligence, which is the failure to use the level of care that a reasonable person would use in a similar situation.
Personal injury cases can result from:
- Car accidents
- Slips and falls
- Construction accidents
- Medical malpractice
- Dangerous and defective products
- Dog bites
- Truck accidents
Essentially, if someone else caused your injury because of something they did or failed to do, then you potentially have a personal injury claim. This can include situations where a person acted intentionally, such as nursing home abuse.
A person can suffer all types of injuries in these types of accidents. This may include sprains, strains, minor broken bones, mild concussions, whiplash, cuts, bruises, and burns. While these injuries can be painful and interfere with your life, they are usually not permanently debilitating. You can still pursue compensation through a lawsuit with the help of a West Virginia personal injury attorney for a regular personal injury.
What Makes an Injury Catastrophic?
A catastrophic injury is a severe injury that results in permanent disability, long-term impairment, or a significant loss of bodily function. These injuries fundamentally change a person’s ability to live, work, and care for themselves. Catastrophic injuries often require lifelong medical treatment, ongoing personal care, and adaptive equipment.
Many different types of injuries may qualify as catastrophic. This includes:
- Traumatic brain injuries (TBI)
- Spinal cord injuries that result in paralysis
- Severe burns
- Amputations
- Loss of vision or hearing
- Severe organ damage
- Multiple complex fractures
In many cases, catastrophic injuries affect more than one part or system of the body. This can result in a need for much more specialized, multi-disciplinary medical care for life.
While each catastrophic injury is unique, they are characterized by permanent or long-term disability together with lifelong medical and rehabilitation needs. Catastrophic injuries often have a significant impact on a person’s quality of life, including a loss of independence. A person who suffers a catastrophic injury often cannot return to their previous employment or may not be able to work in any job.
Unlike many personal injuries, catastrophic injuries usually do not resolve with time. Instead, they require ongoing medical treatment and adaptation. Our law firm has significant experience handling these cases on behalf of clients throughout West Virginia and will work hard to get you the money that you deserve.
Differences Between Personal Injuries and Catastrophic Injuries
Catastrophic injuries fall under the broad umbrella of personal injury law. However, there are several critical factors that distinguish regular personal injuries from catastrophic injuries.
The first major difference is also the most significant one. Catastrophic injuries are more severe and are usually permanent. Personal injuries are usually temporary and treatable. A catastrophic injury results in permanent or long-lasting impairment.
For example, a broken bone that heals fully within 6 to 8 weeks is a personal injury. A brain injury that causes permanent cognitive impairment is catastrophic. That isn’t to say that a person who suffers a broken bone hasn’t been injured or doesn’t deserve compensation. It is simply acknowledging that a catastrophic injury is far more severe.
The second difference between a personal injury and a catastrophic injury is the duration of medical care. Medical treatment for a personal injury usually has a clear endpoint, such as getting a case off a broken bone. Once the injury heals, a person probably won’t need much more treatment other than a follow-up appointment or two.
By contrast, catastrophic injuries often require ongoing care by a physician, repeated surgeries or procedures, long-term rehabilitation, and/or lifelong medication or therapy. A person may spend decades getting medical treatment for a catastrophic injury. They typically have a team of specialists involved in their care.
A third difference between personal injuries and catastrophic injuries is the impact on employment and income. A personal injury may cause a short-term absence from work or restricted duties, but most individuals are able to return to their jobs. In the broken bone example above, a person might be on light duty while they have a cast, but then can return to full duty once the cast is off.
By comparison, catastrophic injuries often prevent a return to previous employment. In some cases, a person with a catastrophic injury may have to completely withdraw from the workforce or change their career. A permanent loss of earning capacity can be one of the most financially devastating aspects of a catastrophic injury.
This brings us to the fourth difference between personal injuries and catastrophic injuries: independence. A person who suffers a personal injury will usually remain fully independent. They might need some help with things like cleaning or cooking meals while they are recovering, but they don’t have any permanent loss of function in their day-to-day lives.
With a catastrophic injury, a person may need assistance with daily activities, potentially from caregivers or personal attendants. They may also need to modify their home and/or vehicle for accessibility. Depending on the injury, they may also need mobility aids or prosthetics. This loss of independence can have a profound effect on a person’s emotional health over time.
Fifth, there is also a significant financial difference in medical costs between a personal injury and a catastrophic injury. Medical expenses are usually relatively limited and predictable in a personal injury case. For example, it is often easier to figure out losses like medical expenses and lost wages if a person is fully recovered within 2 to 3 months of an accident.
By comparison, catastrophic injury costs are often extensive and ongoing, which makes them difficult to estimate over the long term. Lifetime medical expenses for catastrophic injuries can reach millions of dollars, without even considering non-medical costs like home modifications, specialized equipment, vehicle adaptations, and long-term caregiving.
There are many other differences between personal injuries and catastrophic injuries. This includes:
- The level of non-economic damages (such as pain and suffering, emotional trauma, and reduced quality of life)
- Mental health effects
- The impact on families and caregivers
Ultimately, while both cases are considered personal injury claims, catastrophic injury cases are far more complex. Our law firm has significant experience handling catastrophic injury cases. We will use our knowledge and skills to help you get maximum compensation for your losses.
Compassionate Legal Representation for West Virginians
Catastrophic injuries are a more severe form of a typical personal injury case. Victims of all types of injuries deserve compensation for their losses. However, it is important to understand that catastrophic injury cases can be more complicated, given the differences in medical treatment, expenses, emotional impact, and more.
Based in Charleston, Johnstone & Gabhart represents injury victims throughout West Virginia in all types of personal injury cases. We handle all cases on a contingency fee basis, which means that you will never pay a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a West Virginia catastrophic injury lawyer, give us a call at 866-808-2016 or fill out our online contact form.
