Personal Injury

Brain injuries can result from sudden impact like an object striking the head or an object penetrating the skull and entering the brain. Often times, a brain injury can be catastrophic without impact or obvious injury in the first few hours. Brain injuries cause a range of symptoms, including changes to emotion, language, and cognitive abilities. Unlike other obvious catastrophic injuries, brain injury can be invisible and not treated properly without immediate and knowledgeable intervention.

TBIs can range from mild to moderate to severe. Treatment for moderate or severe TBI varies from medications to brain surgery or skull fracture repairs. In more severe TBI cases, life expectancy can be shortened dramatically.

Spinal cord injuries can result in changes to a person’s strength and sensations. Not all spinal cord injuries are catastrophic, but those that cause paralysis, specifically paraplegia or quadriplegia, are considered catastrophic. In the worst case scenario, spinal cord injuries are fatal.

Third-degree burns cause damage to body tissue and muscles. Scarring is significant, and skin grafting is often required. Pain from third-degree burns is extensive as is any subsequent disfigurement.

The loss of a limb is devastating and irreparably alters that person’s quality of life. A severely injured limb must often be amputated to prevent serious and potentially fatal infections. Amputations, however, have their own complications, like “phantom limb” pain or an increased risk of deep vein thrombosis (DVT), heart attack, and other infections. Additional surgery or treatment may be required to minimize pain or repair issues that develop post-amputation.

Other potentially catastrophic injuries include:

• Loss of sight
• Loss of hearing
• Facial deformities
• Nerve damage
• Neurological damage
• Severe organ damage
• Mesothelioma or other occupational illness

Though not exhaustive, this list provides an idea of what other injuries may be catastrophic and, thus, require special attention with respect to available remedies. Attorney Khan has experience in every type of catastrophic injury, with a 100 percent success rate in personal injury trials on behalf of her clients.

Economic damages are the easiest type of damages to calculate for most personal injury claims. By the time a settlement occurs or trial commences, the injured party has received complete or near complete medical treatment. The economic damages are calculated by adding up the medical expenses by using receipts, invoices, and statements.

Catastrophic injury cases, however, are different. There may be extensive future economic damages to consider. Calculating the value of these damages usually requires expert analysis and testimony. This testimony can attest to the value of the loss of future earned income as well as to the importance, extent, and duration of medical care necessary for the injured party.

Non-economic injuries are intangible and, thus, harder than economic injuries to quantify. They cover compensation for pain and suffering, loss of companionship, loss of enjoyment of life, and loss of consortium. In catastrophic injury cases, non-economic damages can be considerable due to the impact the injuries have on the victim’s quality of life.

Punitive damages are designed to (1) punish the wrongdoer who caused the accident; and (2) serve as a deterrent to keep others from engaging in the same behavior. While not typically awarded in personal injury cases, they may be warranted in cases that result in catastrophic injuries. Much of it depends on the jurisdiction, as some states do not allow punitive damages in personal injury cases.

At SKC Legal, our catastrophic injury attorney will advise you on the extent of compensation you can anticipate, and whether that could involve punitive damages.

Accidents involving cars, trucks, motorcycles, and other types of motor vehicles (e.g., boats) are a leading cause of catastrophic injuries. When these accidents also involve pedestrians or bicyclists, the chances of a person involved in the accident receiving a catastrophic injury greatly increase. If you live in a no-fault accident state, injured parties cannot file lawsuits against the at-fault party for personal injuries, but an exception is often made if the injury is catastrophic.

Workplace accidents, especially those that occur in construction areas and warehouses, typically cause catastrophic injuries. Examples of workplace accidents leading to catastrophic injuries include but are not limited to:

• Heavy objects falling and striking worker
• Worker’s body getting pinched or crushed in equipment
• Fires, explosions, or chemical spills
• Falls from equipment or platforms
• Exposure to toxic fumes or chemicals

Workplace accidents are unique in that compensation might have to go through workers’ compensation, but not always. It is always best to speak to our catastrophic injury attorney to understand when workers’ comp applies and how to best proceed to obtain fair and just compensation.

Property owners are under an obligation to certain visitors to keep their property free of unsafe conditions. Hazardous conditions that can lead to a catastrophic injury include but are not limited to:

• Defective stairways, elevators, or escalators
• Inadequate lighting or security
• Violations of fire safety and building codes
• Unsafe environmental conditions (e.g., sinkhole)
• Poor construction, faulty design, inadequate maintenance of buildings or structures
• Wet floors or loose carpets

Premise liability cases can be complex, and liability depends on many factors, including whether the injured party is categorized as a licensee, visitor, or trespasser.

Dog bites or dog attacks can be severe, resulting in catastrophic injuries or even death. A dog’s teeth can tear through skin and muscle to penetrate the chest wall, which can cause serious injury to internal organs, like the intestines or lungs. Dogs may also attack a person’s head – children are particularly vulnerable to this type of attack due to their height.

Dogs attack hundreds of people a year, and though few die, many suffer permanent scarring and disfigurement. Though rare, if the dog is rabid, the bite can be fatal unless proper medical attention is promptly given.

Products may be designed, maintained, or even manufactured defectively. When this happens, unsuspecting consumers often suffer catastrophic injuries. Examples of products that have been deemed defective and have caused catastrophic injury or death include:

• Automobiles and auto parts (e.g., tires)
• Asbestos
• Elevators and escalators
• Firearms
• Food and agricultural products
• Machinery and equipment
• Medical products or devices
• Pharmaceutical products
• Tobacco and other narcotic products

Many of these products have caused serious and life-altering injuries, as well as death. Unlike other personal injury claims, these claims are often based on strict liability – meaning you do not have to prove negligence. In some cases, however, negligence might be required. How your case proceeds depends on the jurisdiction, the facts, and the circumstances.