Catastrophic Injuries vs. Personal Injuries: Key Distinctions That Impact Your Case

• March 18
• EVANS / DESHAZO / REILLEY
• Personal Injury

Catastrophic and personal injuries are common results of accidents. Their impact on the lives of their victims can be significant. If an individual or entity’s negligence caused the accident leading to your injuries, you may be entitled to damages.

While both types of injuries have negative implications, catastrophic injuries are extremely severe and life-changing. Recognizing the difference between the two is critical when filing a lawsuit. While the legal process is complex and proving injury and impact is challenging in both cases, catastrophic injury cases feature even more hurdles.  Engaging a personal injury lawyer experienced in successfully handling catastrophic injury situations is an important step in moving forward after your accident.

Personal and Catastrophic Injuries Explained

Catastrophic Injuries Defined

Aside from loss of life, catastrophic injuries are the most serious result of accidents. They are severe, often permanent, and have life-changing implications. Examples of catastrophic injuries include:

• Traumatic Brain Injuries (TBI)
• Spinal Cord Injuries
• Head and Neck Injuries
• Loss of Limb (Amputation)
• Severe Burns
• Paralysis.

The impact of these injuries is broad based.  Some with catastrophic injuries may no longer be able to care for themselves, a situation which can result in significant emotional and psychological issues. Sadly, the injured are not the only ones who suffer; as roles change, family members find their relationships irrevocably affected.

Personal Injuries Defined

Personal injuries are the less-severe outcomes of accidents caused by others’ negligence.  While they may be serious, costly, and have long-lasting effects, the overall outcome is less severe than those that are catastrophic. Personal injuries result from a host of incidents, including vehicular accidents, product liability, and medical malpractice, to name just a few.

As with catastrophic injuries, compensation for damages caused by a negligent party or parties can be obtained through filing a personal injury lawsuit within the statute of limitations , a road best taken with the guidance of a seasoned attorney knowledgeable in Texas law.

The Differences Between Personal Injury and Catastrophic Injury

Damages Vary

All injury cases are filed in pursuit of compensation.  That said, damages for catastrophic injuries tend to be significantly higher.

First, medical treatment for a catastrophic injury can be extensive. The costs of surgical procedures, hospital stays, and therapy are overwhelming. Additionally, victims may need long-term or even lifetime care to simply manage the basic day-to-day activities they used to handle on their own.

Individuals who suffer catastrophic injuries are not likely to return to work in the same capacity as before their accident. Some may never be able to work again.  Thus, they may suffer a significant decrease in family income.  In cases where an injured person was the primary breadwinner of the family, the household can be left in dire straits.

In some circumstances, a family member may assume the role of caretaker. This can take them away from their regular job and day-to-day activities .  The financial impact of this, combined with the emotional drain of these new responsibilities, can be considerable.

Finally, because the duration of catastrophic injuries is long term, compensation may be awarded for future expenses like ongoing medical treatment, care, and lost wages. Reputable and established catastrophic injury attorneys are experienced in forecasting, quantifying, and substantiating long-term costs. In many cases, they may engage expert witnesses to help with these calculations and to testify as to their accuracy.  When filing a lawsuit, you have only one chance to recover damages; there is no room for error.  Making sure to account for expenses you will recognize long into the future is an important step in your legal journey.

Catastrophic Injury Cases Are Particularly Complex

While all personal injury cases are difficult to win (insurance companies fight tirelessly to minimize substantial compensation), catastrophic injury cases are even more challenging. The work involved to prove the impact of the  injuries sustained is considerable.  The totality of medical and therapy needs in addition to lifetime lost wages must be calculated and substantiated. This often requires input from outside experts hired to provide information and testify in court.

Additionally, the emotional effect of catastrophic injuries is indescribable. Victims experience considerable physical pain and suffering that is compounded by the psychological impact of the incident and their condition.  Traumatic accidents impact every aspect of a victim’s life.

For attorneys, obtaining compensation in a catastrophic injury situation requires overcoming many barriers.  For example, all insurance policies have limits.  The considerable need of victims means coverage may run out. And, because damage requests are so high, insurance companies fight vigorously against them. Cases like this can severely impact their profitability.  A qualified attorney knows how to identify all at-fault individuals and understands the structure of insurance companies, and the strategies they employ to minimize payouts. Leveraging this knowledge and identifying all liable parties can help provide additional avenues for compensation.

EVANS / DESHAZO / REILLEY Handles Both Personal Injury and Catastrophic Injury Cases

Providing the Guidance You Need During the Most Stressful of Times

Accidents result in painful and costly injuries. Thankfully, when they are the result of negligence, there is a legal path to restitution. At EVANS / DESHAZO / REILLEY our team is well-versed in the law and adept at handling personal and catastrophic injury cases.

For decades we have represented clients in their times of need. We understand and appreciate the impact of all accidents on victims. As such, we have developed a kind and compassionate approach to service.

Those whose negligence resulted in injury and illness should be held liable for the damages they caused. EVANS / DESHAZO / REILLEY was founded on this premise. Our team lives by this belief and provides our clients compassionate services with a tireless fight to maximize  compensation.

Contact Us Today

We appreciate the value of time in personal injury and catastrophic injury cases.  As such, we are ready to meet with you immediately. In cases of injury, fit is an important component in identifying legal counsel.

Our commitment to our community is evidenced by the free consultations we provide to all prospective clients. Reach out to our team today at (512) 732-2727 to schedule yours. We cannot turn back time, but we can help you navigate the future by pursuing compensation for all that you have suffered.