A catastrophic injury is a severe injury that causes long-term or permanent effects on a person’s health, independence, or ability to work. In a Wisconsin personal injury case, the term generally describes the lasting consequences of an injury rather than a specific medical diagnosis. These injuries often require extensive medical treatment and can result in substantial financial losses for injured people and their families.
The attorneys at Eisenberg Personal Injury Lawyers have more than 140 years of combined experience representing injured people in Wisconsin and have recovered over $100 million for injured clients.
What Qualifies as a Catastrophic Injury?
Wisconsin law does not provide a specific list of injuries that qualify as catastrophic. Instead, the term is generally used to describe injuries that cause permanent or long-term limitations, substantially affect a person’s life, or create ongoing care needs.
Factors commonly associated with catastrophic injuries include:
- Permanent disability or impairment
- Loss of mobility or independence
- Significant cognitive impairment
- Inability to return to work
- Need for ongoing medical treatment or rehabilitation
- Need for assistance with daily activities
The diagnosis alone does not determine whether an injury is catastrophic. Its long-term effects on the person’s health, work, independence, and daily life are also important.
What Are Common Examples of Catastrophic Injuries?
Many different injuries can be considered catastrophic when they cause severe, lasting effects. Common examples include:
- Traumatic brain injuries (TBIs), which can cause lasting cognitive, behavioral, physical, or emotional impairments
- Spinal cord injuries, which may result in paralysis, loss of sensation, or other permanent limitations
- Amputations, which can affect mobility, employment, and a person’s ability to perform everyday activities
- Severe burns, which may cause permanent scarring, disfigurement, nerve damage, or physical limitations
- Organ damage
- Loss of vision or hearing
- Multiple or complex fractures
Not every TBI, spinal cord injury, amputation, burn, or other serious injury will have the same consequences. These diagnoses are examples of injuries that may be catastrophic when their effects are permanent, life-altering, or require substantial ongoing care.
How Can a Catastrophic Injury Affect Your Life?
A catastrophic injury can affect a person’s ability to work, live independently, and perform everyday activities. Someone with a severe injury may require additional surgeries, rehabilitation, physical therapy, assistive equipment, home modifications, or help with daily tasks.
An injured person may also have to reduce their hours, change careers, or stop working entirely. Family members may take on caregiving responsibilities when long-term assistance is required.
What Compensation May Be Available for a Catastrophic Injury?
If another person or business is legally responsible for a catastrophic injury, the injured person may be able to recover compensation for both economic and non-economic losses. Because catastrophic injuries can create losses that continue well into the future, a claim may need to account for both existing expenses and reasonably anticipated future needs.
Depending on the case, compensation may include:
- Medical expenses
- Future medical treatment and rehabilitation
- Lost wages
- Reduced or lost earning capacity
- Assistive equipment and necessary accommodations
- Pain and suffering
- Emotional distress
- Disability or physical impairment
- Scarring and disfigurement
- Loss of enjoyment of life
Future damages can be particularly important in catastrophic injury cases because medical care, lost earning capacity, and other losses may continue for years.
FAQ
Are Catastrophic Injuries Always Permanent?
No. Catastrophic injuries often cause permanent disabilities, but permanent impairment is not always required. An injury that causes severe, long-term limitations and requires extensive treatment may be considered catastrophic even if the injured person eventually makes a substantial recovery.
Is a Traumatic Brain Injury a Catastrophic Injury?
A traumatic brain injury can be catastrophic when it results in serious or lasting cognitive, physical, behavioral, or emotional impairments. However, traumatic brain injuries vary considerably in severity, and not every concussion or other brain injury is considered catastrophic.
How Is a Catastrophic Injury Different From a Serious Injury?
The primary difference is the extent and duration of the injury’s effects. A serious injury may require substantial medical treatment but still allow the person to make a significant recovery. A catastrophic injury typically causes long-term or permanent limitations affecting work, independence, or everyday activities.
Catastrophic injury claims can involve years of medical care, lost earning capacity, permanent limitations, and other losses that may not be known immediately after an accident. Accounting for these future needs is an important part of determining the compensation available in a personal injury claim.
If you or a loved one suffered a catastrophic injury, contact Eisenberg Personal Injury Lawyers today to schedule a free consultation with a Wisconsin personal injury attorney.
Eisenberg Law Offices S.C. is a trusted [practice area] law firm in Madison, WI, dedicated to fighting for your deserved compensation. Our experienced attorneys will negotiate with insurance companies on your behalf and ensure your rights are protected. Contact us today for a free consultation.
We proudly serve Dane County, Jefferson County, Sauk County, Rock County, Columbia County, and their surrounding areas.
Eisenberg Personal Injury Lawyers – Madison
121 S. Pinckney St. Suite 400, Madison, WI 53703
(608) 256-8356
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