Catastrophic Injury Lawyer in Pasadena, CA

Compassionate & Experienced Legal Representation

A serious personal injury can result in long-term medical care, rehabilitation, and recovery until the injured person can make a full recovery. On the other hand, catastrophic injuries are debilitating and permanent. Not only does such an injury forever change the victim’s life, but his/her family members may also be responsible for taking care of their loved one – perhaps for good.

If you have suffered a catastrophic injury caused by a negligent party, you want to obtain the most favorable settlement to ensure you receive the long-term or permanent care necessary to live the rest of your life as best as possible. At the Law Offices of Paul P. Cheng & Associates, we can protect your rights and best interests inside and outside the courtroom and help you maximize your entitled compensation.

Call (888) 356-4937 or fill out our online contact form today to schedule a free consultation and discuss your case with our Pasadena catastrophic injury attorney.

What Qualifies as a Catastrophic Injury?

According to the United States Code (42 USC § 3796b), a catastrophic injury is defined as bodily harm that permanently prevents a person from performing gainful employment. In other words, this type of injury can be permanent and even life-threatening in nature, so much so that the victim cannot maintain his/her old job or career.  

A catastrophic injury could mean the loss of a body part—such as a limb or organ—or the loss of a body function—like the ability to walk, think critically, or even socialize. Therefore, victims can be subject to years of intensive treatment, rehabilitation and hundreds of thousands of dollars in medical expenses, and lifelong trauma and other health conditions.

Common causes of catastrophic injuries include:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Bicycle accidents
• Pedestrian accidents
• Falls from heights
• Construction accidents
• Workplace accidents
• Medical malpractice
• Defective products
• Sports and recreational activities
• Violent crime

What are the Common Types of Catastrophic Injuries

Generally, a catastrophic injury involves the brain, spinal cord, and one or more body parts or functions. While there are a wide range of catastrophic injuries, there are specific types that commonly occur.

The following are some of the most common types of catastrophic injuries:

• Traumatic brain injury (TBI) – TBIs often occur when a person’s brain is struck by blunt force, penetrated by an object, or is deprived of oxygen. Common types of long-term symptoms include cognitive impairment, impaired senses, difficulty comprehending language, memory loss, vision loss, tinnitus, concentration difficulties, personality change, anxiety, and depression.
• Spinal cord injury – Spinal cord injuries are caused by impact to the back, neck, or shoulder area. A catastrophic injury to the spinal cord can result in paralysis (e.g., paraplegia and quadriplegia), which is the partial or total loss of the use of the torso and certain limbs.
• Loss of limb – Losing a hand, arm, foot, leg, or any other body part can limit mobility, require a person to relearn daily tasks, and prevent someone from living a normal life and working.
• Burn injury – Burns can be caused by fires, explosions, toxic chemical exposure, electrical wiring, radiation, and many other ways. A burn injury can lead to scarring, permanent disfigurement, and even amputations in some cases.
• Internal damage – From damaged lungs to ruptured kidneys, internal damage to organs can result in internal bleeding and other serious health issues. If such an injury is not treated in time, it can be fatal.  

How to Prove Fault in a Catastrophic Injury Case

Proving fault in a catastrophic injury case requires a thorough investigation and solid evidence. Here are the key steps involved:

• Gathering Evidence and Witness Testimonies
  To establish fault, your lawyer will collect all relevant evidence from the scene of the accident. This includes photographs, video footage, and accident reports. Witness statements can also play a critical role in supporting your case by confirming details of the incident.
• Role of Expert Testimony
  Expert witnesses are often used to provide specialized knowledge that supports your case. These experts, such as accident reconstructionist or medical professionals, can explain how the accident occurred and the severity of your injuries, making it easier for the court to determine who is at fault.
• Proving Negligence or Recklessness
  In court, the burden of proof is on the plaintiff to demonstrate that the other party’s negligence or recklessness directly caused the catastrophic injury. This involves showing that the defendant had a duty of care, breached that duty, and caused harm through their actions.

The Importance of Medical Documentation in Catastrophic Injury Cases

Detailed medical records are vital to secure fair compensation in catastrophic injury cases.

• Why Detailed Medical Records are Crucial
  Your medical records serve as evidence of the severity of your injury and the treatment you have received. These records document your initial diagnosis, treatment plans, surgeries, and progress, which are all essential in showing the long-term impact of your injury.
• Working with Healthcare Professionals
  Collaborating with your healthcare providers is important. They can provide expert insights into your injury’s long-term effects and help demonstrate how the injury will impact your future. Medical professionals may also assist in explaining the extent of your recovery and any ongoing treatment.
• How Medical Experts Testify
  Medical experts, such as doctors or specialists, can testify in court about the severity of your injuries, potential long-term effects, and the care required for recovery. Their testimony can strongly influence the outcome of your case by emphasizing the injury’s lasting impact.

Long-Term Care and Support After a Catastrophic Injury

Catastrophic injuries often require lifelong care, and understanding the types of care involved is crucial.

• Types of Care That May Be Required
  Victims of catastrophic injuries may need various forms of long-term care, including:
  • Nursing care
  • Physical therapy
  • Occupational therapy
  • Speech and cognitive therapy
  • Assistive devices and home modifications
• The Role of Family Caregivers
  Family members often step in to provide care and support, especially when the injury leads to a loss of independence. This caregiving role can be physically, emotionally, and financially taxing on the family. It’s important to recognize the value of family caregivers in these cases.
• How to Plan Financially for Lifelong Medical Needs
  Catastrophic injuries often come with lifelong medical needs. To prepare for these expenses, it’s essential to work with financial planners and your legal team to secure compensation that covers future medical care, rehabilitation, and any necessary lifestyle adjustments. Planning ahead ensures that the victim will have the necessary resources for the rest of their life.

What Kind of Damages Can I Recover from a Catastrophic Injury?

As we mentioned before, victims of catastrophic injuries typically incur significant medical costs. This includes hospitalization, emergency medical care immediately after injury, surgeries, therapeutic and rehabilitative services, in-home medical equipment, assistive technology, and many other long-term or lifelong medical expenses.

Catastrophic injury victims also suffer more economic/special damages, such as temporary or permanent loss of income, loss of earning power due to injury, loss of professional opportunities, and emotional and psychological treatment. Additionally, common types of non-economic/general damages for catastrophic injuries include permanent pain and suffering, emotional distress, loss of quality and enjoyment of life, and other losses.

FAQ: Catastrophic Injury Cases in Pasadena, CA

• What is considered a catastrophic injury? A catastrophic injury is one that permanently impairs a person’s ability to perform daily tasks or work. These injuries often involve the brain, spinal cord, or loss of a body part and require lifelong care. Common examples include traumatic brain injuries, spinal cord injuries, severe burns, and amputations.
• How long do I have to file a claim for a catastrophic injury in California? In California, the statute of limitations for personal injury cases, including catastrophic injury claims, is generally two years from the date of the accident. It’s essential to consult a lawyer soon after the injury to ensure you meet deadlines for filing your claim.
• How do I prove fault in a catastrophic injury case? Proving fault involves collecting evidence such as accident reports, medical records, witness testimonies, and expert opinions. Your lawyer will work to demonstrate that the at-fault party’s negligence or recklessness led directly to your injury.
• What types of damages can I recover in a catastrophic injury claim? You may be entitled to both economic and non-economic damages, including medical expenses, lost wages, pain and suffering, emotional distress, loss of quality of life, and future medical needs related to the injury.
• Do I need an attorney for a catastrophic injury case? Yes, hiring an experienced catastrophic injury attorney is essential. They can help you navigate the legal process, gather evidence, negotiate with insurance companies, and ensure you receive the maximum compensation for your injuries and long-term care needs.
• What if my catastrophic injury was caused by medical malpractice? If your injury was the result of medical malpractice, you may have a separate claim against the healthcare provider or facility. A specialized attorney can evaluate your case and help you pursue compensation for the harm caused by negligence in medical care.
• How do I plan financially for the long-term care costs associated with a catastrophic injury? Financial planning is crucial in catastrophic injury cases. Your attorney can help calculate future medical expenses, lost wages, and lifestyle adjustments to ensure your settlement covers these long-term costs. Working with a financial advisor can also help you plan for lifelong care needs.

Ready to Help You Today!

Catastrophic injury cases are extremely meticulous, which is why our legal team must be thorough, tenacious, and empathetic in order to obtain the most favorable result. We can identify every loss or injury you suffered, gather and assess evidence from the scene of the accident, calculate all damages, negotiate with the at-fault party’s representatives or insurer, and secure a financial settlement that will take care of you for the rest of your life.

Contact us today at (888) 356-4937 to speak with our Pasadena catastrophic injury lawyer for more information about our compassionate and personalized legal services.