Catastrophic injuries frequently occur due to accidents that result from others’ negligence. These types of accidents can include motor vehicle collisions, pedestrian accidents, bicycle accidents, motorcycle collisions, and slip and falls. In many catastrophic injury cases, victims suffer pain and other symptoms for the rest of their lives. They may also experience a significant decrease in their overall quality of life and well-being.
If you suffered catastrophic injuries in a recent accident, a knowledgeable Omaha catastrophic injury attorney can handle every step of the claims-filing and litigation processes for you and work towards securing the financial compensation you need.
Most Common Occurrences That Lead to Catastrophic Injuries
Catastrophic injuries are life-changing events that often happen when someone else acts carelessly or recklessly. These injuries may occur in several common types of accidents, all of which can have devastating consequences.
- Car collisions are one of the leading causes of catastrophic injuries. These crashes can result from distracted driving, speeding, or driving under the influence. When vehicles collide at high speeds or in dangerous conditions, passengers can suffer severe injuries, including traumatic brain injuries, spinal cord damage, and broken bones.
- Truck accidents are another major source of catastrophic injuries. Because trucks are much larger and heavier than cars, collisions involving commercial trucks are often more severe. Negligence on the part of truck drivers or trucking companies, such as driving while fatigued, failing to maintain the truck, or not following traffic laws, can lead to deadly crashes. Victims may experience life-threatening injuries like paralysis or internal organ damage.
- Bicycle accidents also contribute to catastrophic injuries, especially when a vehicle strikes a cyclist. Drivers who fail to notice cyclists or give them enough space can cause serious collisions. These accidents often result in head injuries, broken limbs, or even death due to the lack of protection for cyclists.
- Pedestrian accidents occur when a vehicle hits a person, often at crosswalks or intersections. Distracted driving, speeding, or running red lights are common causes. Pedestrians are extremely vulnerable, and even low-speed collisions can cause catastrophic injuries such as spinal cord damage, brain trauma, and multiple fractures.
- Dog bites can also lead to catastrophic injuries, especially if the dog is large or particularly aggressive. When a dog attacks, the victim may suffer deep wounds, nerve damage, and scarring. In some cases, dog bites can result in infections or long-term physical and emotional trauma.
- Slip-and-fall accidents are another common cause of catastrophic injuries, particularly for older adults. These accidents often happen when property owners fail to maintain safe conditions. Wet floors, uneven surfaces, or poor lighting can cause someone to fall and suffer severe injuries such as broken hips, head injuries, or spinal cord damage.
Common Categories of Catastrophic Injuries
Catastrophic injuries are severe, life-altering conditions that often result from accidents due to someone else’s negligence. These injuries usually require extensive medical treatment and long-term care, drastically affecting the victim’s life.
- One of the most common types of catastrophic injuries is traumatic brain injury (TBI). TBIs can occur when a person’s head strikes a hard surface during an accident, such as in a car crash, bicycle accident, or slip and fall. Symptoms of TBIs range from headaches and memory loss to permanent cognitive impairments and physical disabilities. Treatment for TBIs often includes emergency surgery, medication to reduce swelling, and long-term rehabilitation to regain lost functions.
- Another common catastrophic injury is spinal cord injury. These injuries often result in partial or total paralysis, depending on where the spine is damaged. Spinal cord injuries frequently result from car and truck accidents, falls, or being struck by a vehicle as a pedestrian. Treatment for spinal cord injuries usually involves emergency surgery to stabilize the spine, followed by physical therapy, assistive devices like wheelchairs, and sometimes lifelong care to manage paralysis.
- Burn injuries are also catastrophic, especially in accidents involving fires or explosions. Severe burns can cause deep tissue damage, scarring, and infections. Victims often require emergency treatment in specialized burn units, skin graft surgeries, and long-term rehabilitation to recover mobility and function.
- Amputations are another type of catastrophic injury that may result from serious motor vehicle collisions. In addition to emergency surgery to remove damaged tissue, victims often need prosthetic limbs, physical therapy, and psychological support to cope with the loss.
- Multiple fractures or broken bones can also be considered catastrophic if they severely impair mobility or function. These injuries often occur in high-impact accidents, like car or truck crashes. Treatment includes surgeries to realign and stabilize the bones, often using metal rods or plates, followed by physical therapy to regain strength and movement.
In all cases, the medical treatment for catastrophic injuries is extensive and often ongoing. Victims may require multiple surgeries, rehabilitation programs, physical therapy, and psychological counseling to manage the physical and emotional repercussions of their injuries.
Proving the Elements of a Catastrophic Injury Case
Proving a catastrophic injury claim or lawsuit involves establishing that another party’s negligence caused the injury and that the injured person is entitled to compensation. To succeed, the victim (plaintiff) must prove four key legal elements: duty of care, breach of duty, causation, and damages.
- Duty of Care – The first element is proving that the defendant (the person or party being sued) owed the plaintiff a duty of care, meaning that the defendant had a legal responsibility to act in a way that would avoid causing harm to others. For example, drivers have a duty to follow traffic laws and drive safely to protect others on the road. Similarly, property owners have a duty to maintain safe conditions for visitors. In a catastrophic injury case, the plaintiff must show that the defendant had this type of responsibility toward them.
- Breach of Duty – Next, the plaintiff must prove that the defendant breached or violated their duty of care. A breach occurs when the defendant fails to act in a reasonable or responsible manner. For example, if a driver is texting while driving and causes an accident, they have breached their duty to drive safely. In slip-and-fall cases, a store owner may breach their duty by failing to clean up a spill that causes someone to fall and suffer a serious injury. The plaintiff must show that the defendant acted carelessly or recklessly, leading to the injury.
- Causation – The third element is proving causation. The plaintiff must show that the defendant’s breach of duty directly caused the catastrophic injury. This proof requires demonstrating that, had the defendant not acted negligently, the injury would not have occurred. In legal terms, this evidence is known as “cause-in-fact.” Furthermore, the plaintiff must prove “proximate cause,” meaning that the injury was a foreseeable result of the defendant’s actions. For example, if a truck driver falls asleep at the wheel and causes a crash, the injuries from that accident are a direct and foreseeable result of the driver’s negligence.
- Damages – The final element is proving damages, which are the losses the plaintiff suffered as a result of the injury. Damages can include medical bills, lost wages, pain and suffering, and long-term care costs. In a catastrophic injury case, the plaintiff must present evidence of the extent of their injuries and the financial and emotional effect on their life.
Recovering Compensation for Catastrophic Injuries
When individuals suffer catastrophic injuries due to someone else’s negligence, they may be entitled to compensation for their various losses. This compensation is meant to cover the financial, physical, and emotional consequences of the injury. There are three main types of damages for which you can recover compensation: economic damages, noneconomic damages, and punitive damages.
Economic Damages
Economic damages are meant to cover the tangible financial losses that result from the injury. These damages can include medical expenses, such as hospital bills, surgeries, rehabilitation, and long-term care costs. In catastrophic injury cases, victims often require ongoing medical treatment, including physical therapy, assistive devices, and sometimes home modifications to accommodate a disability.
Another key part of economic damages is lost income. When someone is injured, they may be unable to work for an extended period, or they may never be able to return to their job. In these cases, compensation can include both past and future lost income. For victims who can no longer work in their previous capacity, loss of earning capacity may also be considered, which means that compensation will account for the difference between what the victim may have earned before the injury and what they can now earn if anything.
Non-economic Damages
Non-economic damages are designed to compensate victims for the more intangible effects of a catastrophic injury. These damages do not have a direct financial cost but are often even more consequential for the victim’s quality of life. Pain and suffering is one of the most common types of non-economic damages. Pain and suffering damages compensate the victim for the physical pain and discomfort they have endured as a result of the injury.
Emotional distress is another type of non-economic damage. Catastrophic injuries can cause anxiety, depression, and other emotional challenges. Victims may also receive damages for loss of enjoyment of life, which covers the inability to participate in activities they once enjoyed. In addition, some victims may seek compensation for loss of consortium, which applies when the injury affects relationships with family members, particularly spouses.
Punitive Damages
In some cases, the victim may be eligible for punitive damages. Unlike economic and non-economic damages, punitive damages are not meant to compensate the victim. Instead, they are designed to punish the defendant for especially reckless or malicious behavior. Punitive damages also serve as a deterrent, discouraging others from engaging in similar conduct in the future.
Steps of Litigating a Catastrophic Injury Case
Litigating a catastrophic injury case through the court system involves several key steps, and having a knowledgeable personal injury lawyer can make a significant difference in navigating the process.
- Filing the Lawsuit – The first step in litigating a catastrophic injury case is filing a complaint in court. This legal document outlines the plaintiff’s claims, including how the defendant’s negligence caused the injury and what compensation is being sought. Once the complaint is filed, the defendant is served with the lawsuit and has a set amount of time to respond.
- Discovery Process – After the lawsuit has been filed, both sides enter the discovery phase. During discovery, both parties exchange evidence, witness lists, and other relevant information. This phase often includes depositions, where attorneys for both sides question witnesses and experts under oath. Discovery helps both parties build their case and understand the strengths and weaknesses of their arguments. A skilled personal injury attorney can gather crucial evidence, such as medical records, expert testimony, and accident reports, to strengthen the case.
- Pre-Trial Motions and Negotiations – Before the case goes to trial, the lawyers may file pre-trial motions, which can include motions to dismiss the case, motions to exclude certain evidence, or motions for summary judgment (asking the judge to decide the case without a trial). During this time, settlement negotiations often occur. Many catastrophic injury cases are resolved through settlements before going to trial. A skilled lawyer can negotiate with the defendant’s legal team or insurance company to obtain a fair settlement.
- Trial – If the parties do not reach a settlement, the case proceeds to trial. During the trial, both sides present their arguments, call witnesses, and submit evidence. A jury or judge will then decide the case and determine whether the plaintiff is entitled to compensation. A personal injury lawyer plays a critical role in presenting a strong case, cross-examining witnesses, and making persuasive legal arguments.
- Post-trial Appeals – Following the trial, either side may choose to appeal the verdict if they believe there was a legal error in the case. An experienced lawyer can handle the appeals process, protecting the accident victim’s interests.
Call an Experienced Catastrophic Injury Attorney Today
If you or a person you love suffered catastrophic injuries in a recent occurrence due to someone else’s negligence, you are not alone. A skilled Omaha personal injury lawyer in your area can investigate your accident circumstances, file a claim or lawsuit on your behalf, and pursue the justice and compensation you need to become whole again.