Catastrophic injuries are life-altering events. They can leave victims with permanent disabilities, significant loss of function, and a drastically reduced quality of life. If someone else’s negligence caused your catastrophic injury, you may be entitled to compensation. However, calculating the damages in such a lawsuit can be complex, so it is important to know how to understand the process.
What is a Catastrophic Injury?
In California, a catastrophic injury is defined as an injury that permanently stops a person from returning to work. This often involves severe harm resulting in:
- Spinal cord injuries and paralysis
- Traumatic brain injuries (TBI)
- Loss of limbs (amputations)
- Severe burns
- Blindness or deafness
- Significant scarring or disfigurement
These injuries often require extensive medical care, long-term rehabilitation, and can permanently impact a person’s ability to work and enjoy life.
Types of Damages in California
Damages in a catastrophic injury lawsuit are categorized into two main types: compensatory damages and punitive damages. Compensatory damages are much more common.
1. Compensatory Damages:
These damages aim to compensate the injured party for the losses they have suffered. They are further divided into two categories:
- Economic Damages (Special Damages): These are the quantifiable financial losses directly resulting from the injury. They are easier to calculate because they have associated bills and receipts. Examples include:
- Medical Expenses: This includes all past and future medical bills, such as hospital stays, surgeries, doctor visits, physical therapy, medication, and assistive devices.
- Lost Wages: This covers income lost due to the inability to work, both past and future. It can include wages, salary, bonuses, and benefits. If the injury results in a permanent disability, it can also include lost earning capacity – the potential income the victim would have earned had the injury not occurred.
- Property Damage: If any personal property was damaged in the accident (e.g., a vehicle), the cost of repair or replacement is included.
- Other Out-of-Pocket Expenses: This can include costs for things like transportation to medical appointments, home modifications to accommodate a disability, and in-home care.
- Non-Economic Damages (General Damages): These are the intangible losses that are more subjective and harder to put a dollar value on. They include:
- Pain and Suffering: Compensation for the physical pain and discomfort caused by the injury, both during the recovery process and any ongoing pain.
- Emotional Distress: This covers the psychological impact of the injury, such as anxiety, depression, fear, and post-traumatic stress disorder (PTSD).
- Loss of Enjoyment of Life: Compensation for the diminished ability to participate in activities and hobbies that the victim enjoyed before the injury.
- Loss of Consortium: If the injury impacts the victim’s relationship with their spouse, this covers the loss of companionship, intimacy, and support.
- Scarring and Disfigurement: Compensation for the physical and emotional toll of permanent scars.
2. Punitive Damages:
These damages are not intended to compensate the victim but rather to punish the defendant for egregious conduct and deter similar behavior in the future. Punitive damages are awarded only in cases where the defendant acted with malice, oppression, or fraud – essentially, where their conduct was intentionally harmful or extremely reckless.
Calculating the Damages
While economic damages are calculated by adding up bills and financial records, calculating non-economic damages is more challenging. There’s no fixed formula. Some common methods used include the per diem method and the multiplier method.
Ultimately, the amount of non-economic damages awarded is determined by a jury or judge based on the specific facts of the case, the evidence presented, and the arguments made by the attorneys.
Seeking Legal Help
Calculating damages in a catastrophic injury lawsuit is a complex process. It’s crucial to have an experienced personal injury attorney who understands California law and can effectively advocate for your rights. They can help gather the necessary evidence, consult with experts (such as medical professionals and economists), and build a strong case to maximize your compensation.
If you’ve been injured in an accident, don’t hesitate to reach out for help.
Visit our office at 536 Pacific Avenue, San Francisco, CA 94133.
Or call now for a free consultation at (415) 352-6264.