You've been in an accident and the injuries are severe. You're frightened that the injury is going to change your life. Have you suffered a catastrophic injury? It definitely seems catastrophic from your point of view, but will a judge see it that way. There are several important factors in determining if your injuries are catastrophic. Ask yourself these questions and you'll know how to classify your injuries.
To what extent am I debilitated?
If you are unable to perform many of the normal daily functions that were part of your life before the accident, and it appears that this will be the case for an extended period of time, then you are debilitated. Another factor is determining if you are debilitated is the need for long-term care. If your doctor has requested that you need a nurse to come to you home to care for you for the foreseeable future, then you have suffered a catastrophic injury.
Does my injury prevent me from going to work?
If your injuries cause you to lose your livelihood, or ability to make money through employment, then there is a good chance that your injuries are catastrophic. The key to this argument is that you should be able to continue to work in the same industry you were in at the time of the accident. If you cannot make a similar wage because of the accident, then your injuries are probably catastrophic
Is my type of injury usually considered catastrophic?
Certain types of injuries have a better chance of being classified as catastrophic than other types of injuries. Traumatic brain injuries, spinal cord injuries, injuries that result in paralysis, and injuries that cause disfigurement or the loss of a limb are all usually considered catastrophic.
If you answered yes to the three questions listed above, then you may have the grounds for a personal injury lawsuit. The damages are usually much higher in these types of cases, but the arguments are also much harder to make. You must hire an experienced attorney in order to get the judgement you deserve.
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