Guide to Catastrophic Personal Injuries

What Qualifies as a Catastrophic Injury?

In many cases, catastrophic injuries involve a deformity or disabling loss of physical or mental capacity. Injuries considered catastrophic generally affect victims for the rest of their lives, leaving lasting scars and disabilities or requiring long-term care, aid, and rehabilitation. Any injury that severely affects your or a loved one’s quality of life or ability to work may qualify as catastrophic. 

In Indiana, the legal definition of “catastrophic injury” is established in Indiana Code § 35-31.5-2-34.5, which states:

“Catastrophic injury” means bodily injury so severe that a person’s ability to live independently is significantly impaired for a period of at least one year. The term includes an injury causing blindness, deafness, paralysis, or an intellectual disability. 

Serious catastrophic injuries often occur suddenly, and many are commonly referred to as “freak” accidents. But many accidents are preventable, and millions of innocent victims are permanently harmed every year by reckless, inadvertent, or negligent acts of others. 

By working with an experienced personal injury lawyer, catastrophic injury victims and their families can recover expenses related to medical treatments, prosthetics, mobility devices, rehabilitation, counseling, in-home care, lost wages, future earning capacity, and more.

The sudden loss of a limb may result from either external trauma—such as a motor vehicle accident or workplace accidents involving industrial, manufacturing, or agricultural machinery—or an internal emergency like a bacterial infection. Processing the shock of the loss can be an early challenge, and amputees often require lifelong assistance. Per the Amputee Coalition and National Limb Loss Resource Center, nearly 2 million people are living with limb loss in the United States, with roughly half (45%) of the amputations caused by trauma.

Third-degree burns covering large areas of the body can be severely disfiguring and result in permanent damage. Across residential fires, vehicle crash fires, and other sources, according to the American Burn Association, nearly half a million burn injuries need medical treatment, and more than 40,000 require hospitalization each year.

A catastrophic injury claim typically involves gathering evidence to demonstrate the severity and long-term impact of the injury. Each case is unique, and the evidence required may vary based on the specific circumstances surrounding the injury. The key steps your attorney will employ to prove a catastrophic injury claim include the following:

Obtain thorough medical records detailing the extent of the injuries, treatments, surgeries, and prognosis. Include expert opinions from medical professionals who specialize in the type of injury sustained.

Clearly document how the injury has affected the individual’s ability to perform daily activities, work, and enjoy life. This may involve assessments from occupational therapists or other relevant experts.

Engage medical experts who can testify to the severity and long-term consequences of the injury. Experts may include physicians, surgeons, rehabilitation specialists, and other relevant professionals.

Document rehabilitation plans and therapies prescribed by healthcare professionals to demonstrate ongoing medical needs. Show the anticipated costs and duration of rehabilitation and therapy.

Keep records of all medical expenses related to the injury, including hospital bills, medication costs, rehabilitation expenses, and future treatment estimates. Document lost wages or income due to the injury.

Develop a life care plan outlining the injured person’s future medical needs, rehabilitation, assistive devices, and any modifications needed for daily living. Include cost estimates for each aspect of the life care plan.

Collect statements from witnesses who observed the accident or can attest to the impact of the injury on the person’s life. Testimony may include family members, friends, coworkers, or anyone who can speak to the individual’s condition before and after the injury.

Use photographs or videos to visually demonstrate the severity of the injury, the accident scene, and any ongoing physical challenges. Include images of medical procedures, surgeries, or assistive devices being used.

Consider the emotional and psychological impact of the injury on the individual’s life. Include mental health evaluations and testimonies from mental health professionals, if applicable.

An independent medical examination may be requested by the opposing party or insurance company. Your attorney can guide you through this process to ensure fairness.