What Determines Whether an Injury Is Catastrophic?
When the term “catastrophic injury” is used in the personal injury law context, it means an injury that causes a significant, permanent change in your lifestyle, and limits or prevents you from earning a living.
Spinal cord injuries that cause paralysis, and head injuries that have a permanent impact on cognition, mobility, or mood regulation are always catastrophic, as are injuries that cause blindness or deafness. Injuries like burns, amputations, and damage to internal organs may be catastrophic depending on their severity and the effect they have on your lifestyle.
Our Idaho Falls attorneys will closely review the impact of your catastrophic injury with you and your family members. We will note all the ways the injury impacts your physical and mental health, work, education, hobbies, and close relationships. We can use this information to prepare a claim for financial damages that adequately compensates you for all the losses you have suffered.
Seek Legal Assistance Right Away
When you sustain a catastrophic injury, your physical recovery and psychological adjustment to your condition can take a long time. Unfortunately, the law does not give you the opportunity to recover and adapt before you must act.
Idaho Code § 5-219(4) requires you to file a lawsuit within two years of the incident that caused your injury. Because the stakes are so high in a catastrophic injury case, engaging an Idaho Falls attorney soon after the accident is the best course of action.
Your legal counsel will need as much time as possible to identify all the parties with liability for your injuries and find evidence proving their negligence. Making claims against multiple parties increases the pool of insurance coverage and makes it more likely that we can obtain a settlement that reflects the severity of your injuries.
Potential Damages in a Catastrophic Claim
When another person, business, or government entity contributed to the accident that injured you, they are liable if you can prove them negligent. You can claim all your out-of-pocket expenses related to the injury, past and future medical care and personal support, and diminished lifetime earnings. Our Idaho Falls attorneys can help you document your catastrophic injury-related expenses, and we will hire experts to calculate your future losses.
You can also claim non-economic damages for your pain and suffering. Idaho Code § 6-1603 limits the amount you can collect for your pain and suffering to $500,000 in most cases. However, if the act that led to liability was a felony, or if the defendant’s conduct was reckless or wanton, the cap may not apply.
Your Conduct Can Make a Difference
If you were partially responsible for your injuries, Idaho Code § 6-801 requires that your damages be reduced by a percentage equaling your portion of the fault. If you were more than 50 percent to blame, you cannot collect any damages.
