Any injury, especially those that are caused by the carelessness of another person, is harmful to the victim and has the potential to disrupt their life temporarily. Catastrophic injuries, however, have the potential to change your life permanently. Catastrophic physical injuries are those that involve permanent loss of function, such as paralysis, spinal cord damage, traumatic brain injuries, spinal fractures, disc herniations, torn ligaments or tendons requiring surgical care. Catastrophic physical injuries can also lead to severe emotional distress or mental illness, like depression or post-traumatic stress disorder (PTSD). Following a catastrophic injury, it is critically important to seek medical care from specialists, and to participate in as many therapies and treatments as recommended to reach your full medical improvement.
Many injured victims are unable to afford the medical care that is recommended for them, especially after suffering a catastrophic injury. Even patients with health insurance are limited to the number of therapy visits they have each year, and to the type of care their health insurance company deems "reasonable" (even if there are additional and more cutting-edge treatments available). In Colorado, the victim of injuries caused by negligence of others may recover the costs of medical care that relate to their injuries along with other damages.
However, victims of injuries caused by another person or entity in Colorado usually must wait until they are ready to sign a full and final settlement release before they receive compensation. Once a final release is signed, a party is not able to seek additional damages even if the release was entered into before the nature and extent of damages and injuries were known to the victim at the time of settlement. It is very important to consult an experienced injury attorney before signing a final settlement release.
At McGraw Legal Group P.C., our catastrophic injury attorney in Colorado aims to obtain maximum compensation for our clients, which can include pursuing claims in court. Our firm works to obtain complete compensation for all categories of damages suffered by our clients. Many factors go into determining a just and fair amount of compensation, and through our analysis and committed representation, we will identify what that amount is, explain it to you in terms you relate to and understand, and pursue it using all options available to you. Contact us at (303) 999-2378 to schedule a Free Consultation and learn more about how we can help you and your loved ones.
Understanding Catastrophic Injuries in Colorado
In most states, catastrophic injuries are defined as severe injuries that have a life-changing impact on the person who experiences them. These are injuries that typically never fully heal or can never be fully repaired, and that worsen with age or in combination with other medical conditions.
People suffering from catastrophic injuries may not be able to return to gainful employment for an extended period, and some may never return to gainful employment as a result of permanent disabilities. Our law firm assists clients to receive benefits available to them, which often include more than just a payment from the at-fault party's insurance company. Many victims of catastrophic injuries may not realize that they have benefits available to them under their life insurance policies (which often provide disability coverage or allow people to access payment of money before they pass away). Our law firm takes pride in helping clients to access benefits from all sources and working to ensure a full financial recovery, especially for victims who suffer life-altering injuries..
The most common types of catastrophic injuries involve the spine and spinal cord, brain injuries, burns, or replacement or loss of limbs.
Spinal Cord Injuries
Spinal cord injuries can result in changes to a person's strength and sensations. Not all spinal cord injuries are catastrophic, but those that cause paralysis, specifically paraplegia or quadriplegia, are considered catastrophic. In the worst-case scenario, spinal cord injuries are fatal.
Traumatic Brain Injuries (TBI)
Brain injuries can result from sudden impact like an object striking the head or an object penetrating the skull and entering the brain. Brain injuries cause a range of symptoms, including changes in emotion, language, and cognitive abilities.
Like spinal cord injuries, not all brain injuries are catastrophic. TBIs can range from mild to moderate to severe. Treatment for moderate or severe TBI varies from medications to brain surgery or skull fracture repairs. In more severe TBI cases, life expectancy can be shortened dramatically.
Burn Injuries
Third-degree burns cause damage to body tissue and muscles. Scarring can be significant, and skin grafting is often required. Pain from burns is extensive, and significant emotional damages are often suffered as a result of permanent disfigurement.
Limb Loss
The loss of a limb is devastating and irreparably alters a victim's quality of life. A severely injured limb must often be amputated to prevent serious and potentially fatal infections. Amputations, however, have their own complications, like “phantom limb” pain or an increased risk of deep vein thrombosis (DVT), heart attack, and other infections. Additional surgery or treatment may be required to minimize pain or repair issues that develop post-amputation.
Other Potentially Catastrophic Injuries
Other potentially catastrophic injuries include:
- Loss of sight
- Loss of hearing
- Facial deformities
- Nerve damage
- Permanent Ligament and tendon damage
- Neurological damage
- Severe organ damage
Though not exhaustive, this list provides an idea of the type of injuries that often result in permanent losses and the need for life-long medical care.
Three Common Characteristics of Catastrophic Injuries
In personal injury cases, there are differences between catastrophic and other types of injuries. Three common characteristics exist in catastrophic injuries that do not exist in non-catastrophic injuries.
1. Severity of Damage
Victims with catastrophic injuries often suffer permanent and significant deficits that affect their quality of life and ability to earn income. Many victims require assistance with daily living activities and assistance from caregivers outside of their family members.
2. Recovery Time
While it varies with catastrophic injuries, recovery time can range between months to years. In many cases, full recovery is not possible. The severity of the injury is life-altering. The recovery time is potentially life-long. The effects of physical and emotional trauma are sustained and enduring.
3. Sustained Trauma
Catastrophic injuries cause significant trauma to victims. Severe trauma takes considerable time for recovery. Recovery generally includes the need for surgery, use of prescription medications, counseling and therapy, and sustained medical supervision.
Common Accidents in Colorado that Cause Catastrophic Injuries
Any type of accident can cause catastrophic injuries. In terms of personal injury lawsuits in Colorado, the common types of accidents most likely to cause a catastrophic injury are described below.
Motor Vehicle Accidents
Accidents involving cars, trucks, motorcycles, and other types of motor vehicles (e.g., boats) are a leading cause of catastrophic injuries. When these accidents also involve pedestrians or bicyclists, the chances of a person involved in the accident receiving a catastrophic injury greatly increase.
Workplace Accidents
Workplace accidents, especially those that occur in construction areas and warehouses, typically cause catastrophic injuries. Examples of workplace accidents leading to catastrophic injuries include but are not limited to:
- Heavy objects falling and striking worker
- Worker's body getting pinched or crushed in equipment
- Fires, explosions, or chemical spills
- Falls from equipment or platforms
- Exposure to toxic fumes or chemicals
Workplace accidents are unique in that compensation might have to go through workers' compensation, but not always. It is always best to speak to our catastrophic injury attorney to understand how workers' compensation coverage applies and when a victim is also allowed to seek financial recovery from a third party responsible for a workplace injury.
Premises Liability Accidents
Property owners are under an obligation to certain visitors to keep their property free of unsafe conditions. Hazardous conditions that can lead to a catastrophic injury include but are not limited to:
- Defective stairways, elevators, or escalators
- Inadequate lighting or security
- Violations of fire safety and building codes
- Unsafe environmental conditions (e.g., sinkhole)
- Poor construction, faulty design, inadequate maintenance of buildings or structures
- Wet floors or loose carpets
Premise liability cases can be complex, and liability depends on many factors, including whether the injured party is categorized as a licensee, visitor, or trespasser.
Dog Bites
Dog bites or dog attacks can be severe, resulting in catastrophic injuries or even death. A dog's teeth can tear through skin and muscle to penetrate the chest wall, which can cause serious injury to internal organs, like the intestines or lungs. Dogs may also attack a person's head – children are particularly vulnerable to this type of attack due to their height.
Dogs attack hundreds of people a year, and though few die, many suffer permanent scarring and disfigurement. Though rare, if the dog is rabid, the bite can be fatal unless proper medical attention is promptly given.
Medical Malpractice
Medical malpractice occurs when medical professionals (like doctors and surgeons) and medical facilities (like hospitals or nursing homes) cause an injury to a patient through a negligent act or omission. Sometimes these injuries heal quickly, while other times the injury may never heal and negatively alter the patient's life.
Malpractice (like surgical errors, medication errors, and misdiagnosis) can lead to life-threatening, catastrophic conditions. Malpractice committed during a birth, referred to as birth injuries, can lead to the development of cerebral palsy and brachial plexus injuries.
Contact a Catastrophic Injury Attorney at McGraw Legal Group Today
Doctors often recommend extended medical care and physical therapy to victims of catastrophic injuries because the resulting conditions may continue indefinitely. Our Colorado accident lawyer will guide you through your treatment process and keep accurate records of your progress. Our legal team will represent you and your family in seeking injury compensation from those at fault. This monetary recovery will help cover your medical bills and compensate you, in part, for your pain and suffering.
Contact McGraw Legal Group P.C. today by filling out the online form or calling us at (303) 999-2378. We will schedule a Free Consultation to discuss your case and a plan to move forward toward recovery.