Catastrophic Impairment Law Explained

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(Newswire.net — February 22, 2021) — All of us are vulnerable to injury. Any given time, anyone can be involved in an accident that can potentially lead to life-changing impairment.

According to Diamond and Diamond Lawyers, people that end up with catastrophic injuries typically experience a significantly reduced quality of life. This type of impairment limits the victim’s ability to cope with normal daily activities and severely affects their family.

Suppose you’ve suffered grave injuries as the result of an accident. In that case, it’s crucial to know how the trauma you experienced is classified, as it’ll affect both the benefits and compensation you’re eligible for.

What Defines a Catastrophic Injury?

To be deemed “catastrophic impairment,” the person’s sustained injuries must end up being a long-term disability that meets specific statutory criteria, which includes:

  • Severe impairment of use or ambulatory impairment or amputation of a leg or arm
  • Tetraplegia or paraplegia
  • Complete blindness in both eyes
  • Traumatic brain injury or critically impaired neurological functioning in people under the age of 18 
  • Traumatic brain injury in people over the age of 18 that’s demonstrated through medical scanning 
  • A physical impairment or a combination thereof that may result in further bodily dysfunction of the whole person
  • A marked impairment or extreme impairment preventing a person from leading an everyday life
  • A physiological or psychological disability not related to traumatic brain injury that may result in further incapacity of the whole person 

What Accidents Can Potentially Cause Catastrophic Injuries?

Catastrophic impairment is typically associated with car accidents. Yet, this form of disability can easily result from various other types of incidents that can potentially inflict traumatic damage to your limbs, eyes, head, or any other part of your body. The most common causes related to severe dysfunction include:

  • Vehicular (car, motorcycle, pedestrian, bicycle, etc.) accidents
  • Medical malpractice
  • Slip and fall incidents

What Benefits Are Available to Catastrophic Impairment Victims?

Should you be the victim of an accident that resulted in a severe disability, you’re entitled to specific benefits, regardless of who’s responsible for your condition. This aid includes:

  • Non-earner benefits
  • Visitor’s expenses
  • Income replacement aid
  • Caregiver assistance
  • Attendant, rehabilitation, and medical care help
  • Home maintenance and housekeeping benefits
  • Lost education costs 

What Are Your Rights as a Victim?

If you’ve been catastrophically injured due to an accident caused by someone else, you’re entitled to compensation for your financial losses. You also deserve restitution for non-economic losses related to having to live with reduced quality of life and pain and suffering.

People that suffer from catastrophic impairment due to someone else’s reckless behavior or negligence are legally entitled to file a personal injury lawsuit against the party at fault. However, to pursue this action, you’ll require the assistance of an experienced and trustworthy personal injury lawyer to fight on your behalf.

To Wrap Up

Catastrophic impairment refers to all injuries that result in life-altering disabilities and complications. Should you be the victim of such trauma, you may qualify for various benefits to help you cope. You’re also entitled to pursue legal action if your sustained injuries are the fault of someone else.

To file a lawsuit against the responsible party, though, you’ll need the expertise of a trustworthy personal injury lawyer.