What Compensation Is Available in a Catastrophic Injury Claim?
Catastrophic injuries such as spinal cord damage, brain injuries, or severe burns transform everything about how you live, work, and function. If someone else was responsible for the harm you suffered, you have the right to file a personal injury claim against them and recover the compensation you need to move forward with your life. However, your settlement must account not only for what you’ve already lost, but also for the struggles and expenses that lie ahead.
Medical Expenses: Past, Present, and Future
Your catastrophic injury likely required emergency treatment, surgery, and extended hospitalization. These initial medical bills can easily reach hundreds of thousands of dollars. However, the real financial impact extends far beyond your current treatment.
You are entitled to compensation for ongoing medical care, including rehabilitation therapy, prescription medications, regular doctor visits, and specialized equipment. For many catastrophic injury victims, future medical expenses can span decades and reach into the millions. Your claim should capture the full scope of your anticipated medical needs, not just what you have already spent.
Lost Wages and Diminished Earning Capacity
Catastrophic injuries often prevent you from returning to your previous job or working at the same capacity. You may need to retrain for a different career, accept lower-paying work, or become unable to work entirely.
Your compensation should reflect not only the wages you have already missed, but your reduced earning potential for the rest of your working life. Your injury attorney will consider your age, education, career trajectory, and the limitations your injury has created to determine the value of your future earnings.
Pain and Suffering for Life-Altering Injuries
Beyond the financial losses, you deserve compensation for the physical pain, emotional trauma, and reduced quality of life your injury has caused. Catastrophic injuries often result in chronic pain, depression, anxiety, and the loss of activities that once brought you joy.
These losses are known as non-economic or pain and suffering damages, and you have the right to recover compensation for them in your lawsuit. Courts typically calculate these damages using either a multiplier method (multiplying your economic damages by a factor of 1.5 to 5) or a per diem approach (assigning a daily dollar amount for each day you suffer).
Replacements and Repairs for Damaged Property
If your injury occurred in an accident that damaged your vehicle, personal belongings, or other property, you are entitled to repair or replacement costs. While these expenses may seem minor compared to your medical bills or lost income, they are still part of your total losses and should not be overlooked in your claim.
Home Modifications and Adaptive Equipment Costs
Your injury may require major changes to your living environment. Wheelchair ramps, modified bathrooms, stairlifts, and other accessibility improvements can cost tens of thousands of dollars. You may also need specialized equipment like wheelchairs, communication devices, or mobility aids. These modifications and equipment costs are essential for your independence and quality of life, and you have the right to recover these costs in your claim.
Trust an Attorney to Fight for the Compensation You Deserve
Insurance companies and defendants in catastrophic injury cases will spare no expense fighting these claims, knowing the potential payouts are substantial. A catastrophic injury lawyer in San Diego has the resources and experience to match their efforts, working with top medical experts and employing cutting-edge technology to build compelling cases. Contact us to schedule a free legal consultation and let an attorney fight for the full and fair compensation you need to move forward with your life.