What Is Considered a Catastrophic Injury?

Some injuries heal over time, allowing individuals to return to their everyday lives. Others, however, leave permanent consequences that affect a person’s ability to work, live independently, or enjoy the same quality of life. A catastrophic injury is one that causes long-term or permanent disability.

If you or a loved one has suffered a catastrophic injury, you may have legal options. D’Amore Law Group helps injury victims hold negligent parties accountable.

What Impact Does a Catastrophic Injury Have?

A catastrophic injury significantly impacts a person’s physical abilities, cognitive function, or overall well-being. These injuries often require extensive medical treatment, ongoing rehabilitation, and lifelong accommodations. From a legal standpoint, catastrophic injury claims typically involve cases where the injured person’s ability to earn a living has been permanently affected.

Some of the most common types of catastrophic injuries include:

Traumatic brain injuries (TBI). Severe brain injuries can cause permanent cognitive impairment, loss of motor function, and personality changes.
Spinal cord injuries. Damage to the spinal cord can result in paralysis, loss of sensation, and chronic pain.
Severe burns. Third-degree burns can cause disfigurement, nerve damage, and loss of mobility.
Amputations. Losing a limb affects mobility, independence, and the ability to work.
Multiple fractures or crush injuries. Severe fractures or crushed bones may require multiple surgeries and extensive rehabilitation.
Organ damage. Internal injuries can lead to lifelong health complications and reduced life expectancy.

These injuries not only impact the individual but also place a significant burden on families, who often become caregivers. Monetary compensation from a catastrophic injury lawsuit can alleviate some financial burdens.

Common Causes of Catastrophic Injuries

Catastrophic injuries occur in many situations, often due to negligence or reckless behavior. Some of the most common causes include the following:

Motor vehicle accidents. Car, truck, and motorcycle accidents are among the leading causes of life-changing injuries. High-speed collisions, rollover accidents, and crashes involving large commercial trucks often result in severe injuries.
Workplace accidents. Specific industries, such as construction and manufacturing, pose a high risk for catastrophic injuries. Falls from heights, heavy machinery accidents, and exposure to hazardous materials can cause permanent disabilities.
Slip and falls. A fall may seem minor, but for many individuals, it can lead to serious injuries such as traumatic brain injuries, spinal cord damage, and hip fractures.
Medical malpractice. When a healthcare provider makes a critical mistake, the consequences can be devastating. Surgical errors, misdiagnoses, anesthesia complications, and birth injuries are common forms of medical malpractice that result in permanent harm.
Defective products. Malfunctioning machinery, unsafe medical devices, and dangerous consumer products can cause catastrophic injuries. Product manufacturers may be held accountable for catastrophic injuries if their negligence leads to serious harm.

If another party’s negligence caused your injuries, contact our catastrophic injury lawyers to schedule a free, no-obligation consultation.

Legal Considerations in Catastrophic Injury Claims

Catastrophic injury claims differ from typical personal injury cases. The damages are often much higher due to the long-term medical care, permanent disability, and loss of earning capacity associated with these injuries.

To succeed in recovering compensation, the injured party must prove:

The defendant owed a duty of care;
The defendant breached that duty through negligence or wrongful actions;
The breach directly caused the catastrophic injury; and
The injury resulted in significant damages, including medical expenses, lost wages, and pain and suffering.

Due to the complex nature of these cases, it is essential to work with catastrophic injury lawyers who have experience handling high-value claims.

Compensation in a Catastrophic Injury Lawsuit

Victims face overwhelming financial and emotional challenges in severe injury accidents. A catastrophic injury lawsuit may provide compensation for:

Medical expenses—hospitalization, surgeries, rehabilitation, and future medical care;
Lost wages and future earnings—compensation for income lost due to an inability to work;
Pain and suffering—damages for physical pain, emotional distress, and diminished quality of life; and
Home and lifestyle modifications—costs for accessibility modifications such as wheelchair ramps, home health care, and mobility aids.

Courts may also award punitive damages to punish the responsible party in cases involving malice or gross negligence. Family members whose loved one passes away from catastrophic injuries caused by another party may be able to pursue separate damages under a wrongful death claim.

How a Portland Catastrophic Injury Attorney Can Help

An experienced catastrophic injury attorney is critical in helping victims secure the financial recovery they need. Legal representation can make a significant difference in the outcome of a claim. An experienced attorney will:

Investigate liability—gathering evidence, speaking with witnesses, and consulting experts;
Negotiate with insurance companies—fighting for victims to achieve a fair settlement; and
File a lawsuit if necessary—taking the case to trial if a fair settlement cannot be reached.

Navigating a severe injury claim without legal representation can be overwhelming. Having an attorney handle the legal aspects allows victims to focus on their recovery.

How Long Do You Have to File a Catastrophic Injury Lawsuit in Oregon?

Oregon law limits the amount of time victims have to file legal action. In most personal injury cases, the statute of limitations is two years from the date of the injury. However, certain exceptions may apply. Here are some scenarios where the statute of limitations might differ:

Injuries were not immediately discovered in a medical malpractice claim,
The injured victim is a minor,
One or more of the defendants is a government entity, or
The victim passes away from their injuries.

Missing the deadline could result in losing the right to seek compensation. It is critical to consult with catastrophic injury lawyers as soon as possible to protect your legal rights.

Speak with a Catastrophic Injury Lawyer in Portland

A catastrophic injury can change your life forever. If you or a loved one has suffered a serious injury due to negligence, you may have the right to seek compensation through a personal injury claim.

D’Amore Law Group has over 30 years of experience handling catastrophic injury claims in Portland. Our legal team is committed to helping injury victims recover the compensation they need for medical care, lost income, and long-term support.

Contact us today for a free consultation with a Portland catastrophic injury attorney. We are ready to help you navigate the legal process and fight for the justice you deserve.

Knowledge is Power – Stay Informed