California Catastrophic Injury Lawyers
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Our California Catastrophic Injury Lawyers Are Advocates Focused On Your Legal Rights
Catastrophic injuries can range from multiple broken bones, traumatic brain injuries, extensive burns, blindness, deafness, and spinal cord injuries. These injuries often remain with a person throughout their entire life and require constant care. In many cases, people with catastrophic injuries may be unable to return to work, depending on the severity of their condition. They may face high medical bills, home modification expenses, and loss of income due to their inability to work.
In addition to this financial burden, those suffering from a catastrophic injury are also unable to have the same type of relationship with their spouse or children they once did. Catastrophic injuries can cause significant pain, limit independence, and sometimes lead to lasting disability.
What can make these injuries even worse is when the accidents that cause them are the result of someone else’s fault. This is typically the case with auto accidents, defective car products, workplace accidents, slip and falls, and more.
There Is Help For Anyone Who Has Suffered A Catastrophic Injury
When a person suffers a catastrophic injury due to the negligence of someone else, they have the right to hold the negligent party liable. This is done by filing a personal injury lawsuit. A lawsuit may provide a way to seek compensation for medical bills and other costs tied to a catastrophic injury. It can also help accident victims maintain their dignity and reclaim their independence.
Those suffering from this type of injury should know that they do not need to file a lawsuit and try to prove it all on their own. Experienced California catastrophic injury attorneys can help those injured pursue fair compensation based on their specific case.
Compensation Available In A Catastrophic Injury Case Can Include:
- Current and future medical expenses
- Psychological therapy
- Physical and occupational therapy
- In-home care
- Lost income
- Loss of future earnings capacity
- Pain and suffering
- Disfigurement
- Loss of enjoyment of life
- Wrongful death
- Punitive damages
Catastrophic injury cases require a high level of experience, resources, and dedication. At our firm, we are prepared to handle the complex legal issues these cases involve. We understand the long-term impact of severe injuries, the potential cost of medical care, and the challenges victims face during recovery. Our team is committed to helping injured victims pursue compensation they may be entitled to.
California Catastrophic Injury Statistics
While many people believe a catastrophic injury could never happen to them, they happen more often than people think. A negligent driver, property owner, product manufacturer, or other person may act recklessly or carelessly with little thought for the safety of others. A quick glance at the statistics of catastrophic injuries shows that it happens all too often throughout the country.
- According to the Centers for Disease Control and Prevention (CDC), accident injuries are now the third-leading cause of death in the United States.
- The National Safety Council (NSC) reports that one American is killed by a preventable event every three minutes or injured every second, whether these are auto accidents, drug overdoses, falls, drowning, or other accidents.
- The National Spinal Cord Injury Statistical Center has reported that approximately 308,620 individuals in the United States are suffering from traumatic spinal cord injuries. The agency also reports that, on average, 18,421 new cases occur every year.
- As reported by the CDC, in 2021, there were over 69,000 TBI-related deaths in the country, which equals about 190 TBI-related deaths every day. Traumatic brain injuries are common in fall accidents, motor vehicle collisions, and assault cases.
Many of these accident victims never recover from their catastrophic injury. However, through medical treatment, physical therapy, and occupational therapy, they may still be able to return to a productive and happy life.
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Our client was driving with his wife and son on a two-lane highway when a drunk driver crossed the double yellow lines, causing a head-on collision that claimed the life of a loving wife and mother.– Brian Beecher
Types Of California Catastrophic Injuries
While legal definitions can vary, a catastrophic injury is generally one that has a life-altering impact, often preventing a person from performing gainful work. Our catastrophic injury lawyers handle the following types of cases:
Traumatic Brain Injuries
Traumatic brain injuries are a result of blunt force trauma to the head. After a traumatic brain injury, a person’s brain could begin swelling, bleeding, bruising, and otherwise suffering from inflammation. The symptoms experienced shortly after the injury is sustained can include nausea, dizziness, and bleeding. Over the long term, a person will likely suffer from cognitive impairment, including compromised senses, memory loss, personality changes, and more. Traumatic brain injuries are never minor and typically have a lasting impact on the accident victim.
Spinal Cord Injuries
Like traumatic brain injuries, spinal cord injuries are often serious. The spinal cord sends messages between the brain and other functions of the body. When it is injured, the spinal cord is no longer able to transfer these signals. A spinal cord injury can result in paraplegia, which is paralysis of the lower limbs, or quadriplegia, paralysis of every limb. When either of these is the case, a person is typically confined to a wheelchair for the remainder of their life.
Burn Injuries
Burns are sustained in a variety of degrees. When third- and fourth-degree burns cover large areas of the body, this is considered a catastrophic injury. These types of burns affect both the epidermis and the dermis. In some cases, they can reach even farther into the body, affecting the bones, muscles, and organs. Nerve damage, scarring, excessive pain, disfigurement, and an impaired range of motion are the most common effects of these types of burns.
Amputation
An amputation requires the full or partial removal of a limb. Amputation injuries can happen at the scene of an accident, such as a catastrophic car accident, or doctors may perform an amputation when the injuries to a limb are so severe that they cannot save the limb.
Common Causes Of Catastrophic Injuries In California
Some catastrophic injuries can be traced to accidents caused by another person’s negligence, which may give rise to a legal claim. Negligence is a legal term referring to a reckless or careless act carried out by one or more people, with little to no regard for the safety of others. While any accident has the potential to cause a catastrophic injury, some accidents are more common in these types of cases.
- Auto Accidents
When an auto accident occurs, it can seriously injure those involved. Motorcyclists who are thrown from their bikes in the event of an accident are likely to sustain traumatic brain injuries and multiple broken bones. Drivers who are hit in a T-bone accident are at risk of sustaining multiple broken bones, including a broken back, spinal cord injuries, skull fractures, and traumatic brain injuries.
- Pedestrian And Bicycle Accidents
When pedestrians and cyclists are hit by a vehicle, they have little chance of escaping without serious injury. They often sustain skull fractures, neck injuries, back injuries, and traumatic brain injuries because they have no protection, other than perhaps a helmet.
- Premises Liability Accidents
These accidents occur when one person is injured on another’s property. Slip-and-falls caused by tripping hazards or slippery floors and surfaces can lead to traumatic brain injuries, skull fractures, back injuries, and multiple fractures. Children who make it into a neighbor’s pool may drown or, even if they are rescued, may suffer from traumatic brain injuries caused by a lack of oxygen to the brain.
- Defective Or Faulty Products
Everyone uses products every day, and they have the right to assume they can use those products safely. This is not, however, always the case. Kitchen stoves not properly designed can lead to fires that cause catastrophic burns, small children may choke on removable small parts of a toy, and defective carbon monoxide detectors can cause brain injuries to anyone in the home at the time of a leak. Auto defects can lead to devastating accidents on the road.
- Medical Malpractice
Doctors and other healthcare professionals are expected to deliver a certain standard of care to their patients. When they fail to do so and make surgical errors, medication errors, misdiagnoses, or delayed diagnoses, or otherwise do not provide that standard of care, catastrophic injuries can result.
- Sports Injuries
In most sports, there is an element of risk a person assumes while playing. This assumed risk does not cover coaches who return players to a game after a mild concussion or those who fail to warn players of the risks involved and how to avoid them. When either of these things occurs, preventable catastrophic injuries are often the result.
In all of the above scenarios, someone is typically at fault for the catastrophic injury the accident victim sustained. When that is the case, the injured party can hold the at-fault party liable for paying compensation to cover the extensive cost of their injuries.
Liability For Catastrophic Injuries In California
When a person acts negligently and their actions result in injury to another person, the injured individual can hold the negligent party liable. Negligent parties can include other individuals, employers, companies, insurance companies, or other parties. In many cases, more than one person is often considered liable for damages. This is the case, for example, in car accidents that involve multiple vehicles and drivers.
Determining liability is not always easy. Those who have suffered catastrophic injuries as a result of someone else’s negligence should speak to a California catastrophic injury law firm that can help evaluate and prove liability. An attorney will consider the facts of the case, witness statements, and how the accident occurred as a first step in determining liability.
If the accident was a slip and fall that occurred at a grocery store, the cause of the slip and fall will help determine liability. For example, if there was a spill on the floor that was not cleaned up in a timely manner, the grocery store staff or owner is potentially liable for the accident. If someone were using a power tool, such as a chainsaw, and it were defective and caused someone to sever a hand or arm, the injured party could hold the manufacturer liable.
These are just a few of the ways an injured party could determine liability. Even when it is fairly obvious who the liable party is, proving it is typically difficult. An attorney will have the experience necessary to prove this liability to help seek damages on behalf of the injured party.
Comparative Negligence In California Catastrophic Injury Cases
In a catastrophic injury case, all liable parties are taken into consideration. This includes the injured victim. When someone becomes injured during an accident, and they are found partially at fault for that accident, they often think they cannot receive any compensation. This, however, is not true.
California is governed by pure comparative fault law. Under this legal statute, when an injured party is found partially responsible for the accident that caused their injuries, they can still seek compensation for those injuries. This concept holds true even if they are more than 50% to blame for the accident. California is different in this aspect than many other states that operate under the modified comparative fault rule.
Under modified comparative fault law, injured individuals can only receive compensation if they are less than 50% at fault. In California, a person may still recover damages even if they are determined to be 99% at fault for the accident. When an injured party is partially responsible for the accident that caused their injuries, the judge or jury will assign a percentage of fault to each party involved in the accident. If compensation is awarded, it is then reduced by the same percentage of fault a person was assigned for the accident.
Calculating Compensation In California For Catastrophic Injuries
Catastrophic injuries are not only painful and make a significant impact on one’s life, but they are also very costly. For this reason, after sustaining this type of injury, most injured individuals wonder how much they will receive as compensation for their injuries. While some costs are easy to calculate, others are more difficult.
Compensation for catastrophic injuries is divided into two categories: compensatory and non-economic damages. Compensatory damages are easy to calculate, as these have an actual dollar value placed on them. Injured individuals and their attorneys can collect medical bills, therapy bills, and other expenses to determine the number of compensatory damages they can claim in a lawsuit. Essentially, any items with a receipt or bill are considered compensatory damages in a catastrophic injury case.
Non-economic damages are those that have value, but that value is difficult to calculate into a dollar amount. These damages usually include:
- Loss of enjoyment of life
- Loss of consortium
- Pain and suffering
To calculate these damages, an attorney will generally multiply the economic damages by a certain number. That number will range depending on the extent of the injury and the circumstances surrounding the case.
In rare instances, punitive damages are awarded in personal injury claims. These damages are awarded by a judge or jury for the purpose of punishment for gross negligence and to discourage similar behavior.
Catastrophic Injuries In The California Workplace
No one expects to go to work and sustain a catastrophic injury, but it does happen sometimes. While these injuries can occur in any industry, they are most likely to happen in jobs with many hazards present, such as construction or manufacturing.
When an employee sustains a catastrophic injury on the job, they are no different than other types of injuries. The employee will still likely suffer a temporary or permanent disability, they may have high medical bills and other rehabilitative costs, and they may be unable to work.
The way these cases are handled is somewhat different than other personal injury cases due to California’s workers’ compensation system. In California, every employer with at least one employee must carry workers’ compensation insurance. In the event of a workplace accident that results in catastrophic injury, the employee must go through this insurance to receive accident benefits. This limits their ability to sue their employers. However, there are five specific instances in which employees can file a lawsuit against their employer. These are:
- When the employer caused the injury by a willful act of physical assault.
- When the injury is aggravated through an employment-related act, the employer tries to fraudulently conceal it.
- When the injury is due to a product created by the employer, but the employee was not working as an employee at the time of injury, it is also known as dual capacity.
- When the injury is a result of a power press machine that was not set up properly.
- When the employer does not carry proper workers’ compensation insurance.
Workplace catastrophic injuries sustained by an employee also differ from other types of personal injury cases because workers’ compensation in California is a no-fault system. Under this system, not only is the employer protected from liability, but the worker is protected, too. It doesn’t matter if the employee contributed to the accident that caused their injuries. They can still receive workers’ compensation insurance.
Third-Party Personal Injury Claims For California Workplace Accidents
Employees cannot generally sue their employer for accidents that occur at work. However, they can sometimes sue a third party not employed by the same employer who causes an accident resulting in injuries.
For example, a construction worker is working on a job site, performing the scope of their duties outlined by their employer. A subcontractor, who is a third party, drives their truck onto the job site and strikes the construction worker. The construction worker sustains catastrophic injuries as a result. In this case, the construction worker could file a lawsuit against the third party because the third party was not their employer.
Whenever an employee is injured on the job, regardless of whether it was due to their employer or a third party, those injured must speak to a personal injury attorney. An attorney will not only help injured workers file a third-party personal injury lawsuit, but they can also help with their workers’ compensation claims.
Workers’ compensation is an intricate and involved system, and too often, those injured are turned down or don’t receive the full amount of benefits they should. An attorney can help injured workers navigate the system to pursue the benefits they may be eligible to receive.
Examples Of Catastrophic Workplace Injury Accidents In California
Although no worker wants to imagine that they could become injured at their job, there are many types of accidents that are common in the workplace. These include:
Electrocution Accidents
These types of accidents are very common on construction sites. They are most often caused by unsafe equipment, improper installation procedures, and hazardous work practices used on the site.
Falls From A Height
Accidents are common on construction sites. They often happen when scaffolding and ladders are not properly secured. Lack of safety gear, like harnesses, also contributes. Additionally, large openings in floors and ceilings can be dangerous if not properly blocked off or marked with warning signs.
Stress From Overworking
Stress has a tremendous impact on the body. When workers are not given proper time off, work hours that are far too long, or are not given proper breaks, they can suffer a number of catastrophic injuries, including heart attacks.
Heat Stress
Several illnesses are a result of employees working too long in overly hot conditions. Those working outdoors on a construction site under the hot California sun can suffer heat stress, as can kitchen workers who do not have access to proper ventilation, or anyone else exposed to extreme heat for long periods of time.
Motor Vehicle Accidents
These are commonly seen on construction sites and also affect couriers who spend their entire shift driving and delivering packages.
Equipment Accidents
When a worker is responsible for operating any type of equipment, that equipment must be functional and properly maintained. When equipment is defective or becomes faulty due to poor maintenance, it can easily result in catastrophic injuries.
Struck By Or Pinned Against An Object
There are many places in some workplaces where an employee can become crushed, thrown against, or caught in between two large objects, against a wall, or against a floor.
Unfortunately, these are just a few of the most common types of workplace accidents. When employees are not given proper training, are forced to work in dangerous conditions, or proper safety measures are not in place, an accident leading to catastrophic injuries can happen at any time.
Why Catastrophic Injury Victims Need To Contact An Attorney
Any personal injury case will have its own challenges, but catastrophic injury cases are some of the most complex. Whether the injuries are caused by a car accident, an accident in the workplace, or an accident on someone else’s property, an insurance company is likely to get involved. Many accident victims believe this insurance will provide the benefits they need, but that is rarely the case, particularly when the injuries are categorized as catastrophic.
Insurance companies are a business and, as such, are generally more interested in making and keeping a profit rather than paying out large insurance settlements to accident victims. An attorney will understand the tricks insurance companies use and know how to refute them or hold them liable under State law. In addition, personal injury lawsuits also present their own difficulties.
Determining and proving liability is often a challenge. California catastrophic injury attorneys often conduct their own investigations, sometimes recreating the scene of the accident, in order to prove liability. They will also gather the necessary medical documents, eyewitness statements, and police reports that those recovering from a catastrophic accident injury are unable to.
Catastrophic accident attorneys handle investigations and evidence gathering to help clients pursue compensation. When an injured individual tries to take on the case without an attorney, they might end up with a low settlement that is not enough to cover their costs or could make a simple mistake, such as filing a lawsuit after the statute of limitations has run out, therefore barring them from any compensation at all.
Contact California Catastrophic Injury Lawyers Who Will Work For You
After being involved in a catastrophic accident, many accident victims don’t want to file a lawsuit. While a lawsuit will not erase the accident and its results, it can help ease the financial burden associated with the accident. Catastrophic injury cases may require an approach that prioritizes the long-term needs of the injured individual. Accepting an early settlement offer could risk overlooking future medical or financial needs. These reasons are why it’s essential to work with experienced catastrophic injury lawyers in California who understand your case.
Arash Law, led by Arash Khorsandi, Esq., can assist you if you have experienced catastrophic injuries because of somebody else’s carelessness. Our attorneys have experience with catastrophic injury cases and can explain your legal options.
Our attorneys offer free consultations. Contact us at (888) 488-1391 or fill out our online form to learn more about what we can do for you. We represent injury victims anywhere in the state of California, including Los Angeles, San Diego, San Francisco, Sacramento, Riverside, and Orange County.
