Some accidents cause minor injuries like cuts and bruises. Others forever alter the victim’s lives. Catastrophic injuries can be permanent, significantly impact a body part or function, and cause substantial trauma. If you or a loved one suffer a catastrophic injury, you deserve to be fairly compensated for the harm you’ve suffered. Contact an experienced Oklahoma City catastrophic injury lawyer from Oklahoma Injury Law today for a free case review.
What Is Considered a Catastrophic Injury in Oklahoma?
There is no definitive, exclusively accepted definition of the term “catastrophic injury.” Different organizations provide different definitions for this term.
For example, the National Center for Catastrophic Sport Injury Research defines catastrophic injuries as “fatalities, injuries that result in permanent functional disability, and serious injuries that result in temporary functional disability.
34 U.S.C. § 10284(4), which is a federal statute associated with the Public Safety Officers’ Benefits (PSOB) Program that provides benefits to public safety officers and their families in cases of death or permanent disability resulting from injury sustained in the line of duty defines catastrophic injury as “an injury, the direct and proximate result of which is to permanently render an individual functionally incapable (including through a directly and proximately resulting neurocognitive disorder), based on the state of medicine on the date on which the claim is determined by the Bureau, or performing work, including sedentary work.
The U.S. Department of Labor Office of Workers’ Compensation Programs’ Field Nurse Handbook defines catastrophic injuries as “those in which the injured worker has sustained life-threatening injuries or the injury has resulted in extensive functional deficits where the medical recovery is expected to extend over a long or indefinite period of time (traumatic head or spinal cord injuries, severe burns, strokes, multiple fractures, amputations, etc.). Catastrophic cases are primarily those involving multiple and/or complex medical conditions and involve multiple and various medical specialists and other health care professionals.
While all of these definitions are unique, what they have in common is that they explain a catastrophic injury:
- Is severe
- Impairs the victim’s ability to work
- Is likely to involve a lengthy recovery period
These injuries may be life-altering, involve expensive medical bills, and result in permanent changes. The victim may be left with a permanent or long-term disability. They may also result in:
- A permanent functional disability, impairment, or loss of function of an organ or other body part that prevents them from ever working again, completing the tasks they were responsible for before the accident, and living independently
- Permanent pain or loss of sensation, negatively impairing their quality of life
- The need for ongoing medical care, which can cause considerable financial distress for the victim and their family
The term is aptly named since the consequences themselves are often catastrophic.
Common Causes of Catastrophic Injuries in Oklahoma
Catastrophic injuries often occur in accidents in which the body suffers considerable force and trauma. Common causes of catastrophic injuries that our law firm helps clients with include:
- Bicycle accidents
- Car accidents
- Dog bites and attacks
- Motorcycle accidents
- Pedestrian accidents
- Slip and fall accidents
- Truck accidents
- Work accidents
If you suffered a catastrophic injury due to someone else’s negligence, you may have the right to pursue a personal injury claim in Oklahoma City.
Most Common Catastrophic Injuries in Oklahoma
Some of the most common catastrophic injuries include:
Traumatic Brain Injuries
Severe traumatic brain injuries (TBIs) can result in significant complications, including:
- Permanent brain damage
- Cognitive impairment
- Alzheimer’s disease
- Chronic traumatic encephalopathy (CTE)
- Deep vein thrombosis
- Limited mobility
- Bladder and bowel dysfunction
- Pulmonary embolism
- Altered personalities and emotional complications
Spinal Cord Injuries
Damage to the spinal cord can result in partial or total paralysis. These complications can make it so the victim cannot perform activities of daily living and must depend on others for their basic needs. Their quality of life may be drastically reduced.
Internal Injuries
Internal organ damage or bleeding can be fatal if not immediately diagnosed and treated.
Burns
Accident victims can suffer painful and life-changing burns in fires, explosions, electrocutions, and other incidents. These burn injuries may require skin grafting, cosmetic surgery, and other invasive medical procedures.
In the event your loved one’s catastrophic injury turned fatal, please contact our OKC wrongful death attorney to get justice and compensation.
Who Is Responsible for Catastrophic Injuries?
The party or parties responsible for catastrophic injuries depends on the circumstances surrounding the case. Responsible parties may include:
- Motorists
- Trucking companies
- Businesses
- Employers
- Product manufacturers
- Dog owners
An experienced Oklahoma catastrophic injury attorney can investigate your case, identify all at-fault parties, and relentlessly pursue the compensation you deserve.
Financial Compensation for Catastrophic Injuries in Oklahoma
Catastrophic injuries tend to result in significant damages as accident victims have the right to seek compensation for the full extent of the damages they suffer, which may include:
- Medical expenses for emergency medical treatment, surgeries, hospital stays, ongoing medical treatment, future medical expenses, medication, and rehabilitation
- Lost wages
- Lost earning capacity
- Property damage
- Pain and suffering
- Mental anguish
- Reduced quality of life
A compassionate Oklahoma catastrophic injury lawyer from our law firm can gather receipts, invoices, estimates, medical bills, employment records, and other evidence to prove the value of your damages.
How Is a Catastrophic Injury Claim Different?
Personal injury cases are often much more complicated than typical cases because they may involve the following:
Multiple Parties
Catastrophic injury cases may involve multiple liable parties. For example, they may involve explosions, truck accidents, pileup accidents, or other serious incidents that cause considerable trauma. You might not be the only victim. While there might be multiple insurance policies that could apply to the case, potential defendants may try to deny responsibility and blame the accident on others. Their insurance companies may follow suit to try to minimize their responsibility for the resulting financial damages.
Severity of Injuries
Catastrophic injury cases involve severe injuries, such as traumatic brain injuries, paralyzing injuries, and complex fractures. These injuries have a severe effect on the accident victim’s life and directly impact the potential value of the claim. They may also make it difficult for the victim to participate in their legal case, so they may need to rely more heavily on an experienced personal injury lawyer.
An experienced Oklahoma City catastrophic injury attorney can help identify the client’s future medical needs and incorporate them into their settlement negotiations. They may also help connect the victim to qualified medical specialists who can assist in diagnosing, documenting, and treating their injuries.
Extensive Damages
Catastrophic injuries often result in exorbitant costs. Accident victims may have expensive medical bills and be unable to work for a prolonged period of time, if ever again. They may also be dealing with chronic pain and long-term complications.
Catastrophic injury victims may be able to seek compensation for the full extent of their injuries, including payment for:
- Emergency medical treatment
- Ambulance charges
- Surgeries
- Hospital stays
- Specialist visits
- Diagnostic tests
- Rehabilitation expenses
- Skin grafts
- Cosmetic surgery
- Prescription medication
- Mobility aids
- Renovations to homes and vehicles to accommodate permanent disabilities
- Follow-up visits
- Lost wages for time off work
- Reduced earning capacity for the difference in your pre- and post-accident projected earnings
- Physical and emotional pain and suffering
- PTSD, anxiety, depression, and other mental health challenges
- Counseling and therapy expenses
- Lost enjoyment of life
- Loss of consortium
When more valuable damages are involved, the insurance company is more likely to fight back and avoid paying the compensation you deserve.
Complex Legal Matters
Catastrophic injury cases may involve other complex legal issues, such as:
- Governmental actors or corporations being involved
- Special statutes of limitations and notice requirements
- Multiple insurance companies
- Difficulty assessing long-term needs
These differences highlight the need to work with an experienced attorney throughout the lifeline of your case.
Oklahoma Comparative Negligence for Catastrophic Injuries
One of the most important laws you should be aware of if you are considering pursuing a catastrophic injury claim is Oklahoma’s comparative negligence rule. Under this law, you can still recover compensation for an accident in which you partially shared fault as long as your degree of fault is not greater than the defendant’s share of fault. However, your damages are reduced by the degree of fault attributed to you.
Suppose you were involved in a serious car accident. You were traveling 5 mph over the speed limit when you were hit by a driver who was texting while driving. The jury may decide that you contributed to the accident and may assign you 5% fault for your role in the crash. If you sustained $100,000 in damages, your damages would be reduced proportionately by 5%.
Although this concept arises in litigation and impacts court awards, insurance companies utilize it to minimize the compensation they offer to accident victims. They may try to say that you are 30 or 40% at fault for the accident and reflect this in their settlement offer. Or, they could try to claim you were more at fault than the defendant to try to get out of paying any compensation whatsoever. An experienced personal injury attorney can anticipate these tactics, work to prove fault, minimize the amount of fault attributed to you, and negotiate for fair compensation.
Contact Our Experienced Oklahoma City Catastrophic Injury Attorneys for Immediate Legal Help
If you or a loved one suffered a catastrophic injury, you need a strong legal advocate in your corner. Oklahoma Injury Law is here to demand the compensation you deserve. Contact us today or call (405) 310-8800 for a free and confidential case review.