While all injuries can disrupt a person’s ability to work, federal law classifies injuries that permanently Severe injuries can have lasting effects on your quality of life and your livelihood. Such catastrophic injuries cause significant changes in your mobility, grip strength, cognitive function, and overall level of comfort.
Accident survivors in Santa Clara County can turn to Suits Litigation, Inc if their injuries resulted in a long-term or permanent disability. Our law firm can help you seek compensation to cover your medical debt, property damages, and future expenses.
To request a free consultation from an experienced catastrophic injury lawyer near you, contact our San Jose law firm today. Attorney James C. Suits II is ready to listen and offer his support.
What Is a Catastrophic Injury?
Catastrophic injuries are any types of injuries that may be classified as follows:
- Life-threatening injuries
- Injuries that cause extensive loss of function (physical or cognitive)
- Injuries that require a long-term recovery period
Many catastrophic injuries result in long-term or permanent disabilities that often require extensive medical care, specialized intervention, the use of assistive devices, and ongoing treatment.
Catastrophic injuries can dramatically diminish a person’s quality of life and significantly affect the lives of their family members. In addition to the effects of the physical trauma, the emotional impact of catastrophic injuries can result in depression, anxiety, and post-traumatic stress disorder (PTSD).
Causes of Catastrophic Injuries
Catastrophic injuries are often the result of car, pickup, and SUV accidents. Our San Jose law firm has also handled catastrophic injury cases related to motorcycle accidents given the vulnerability of motorcyclists, semi-truck and tractor-trailer accidents due to the force generated in these crashes, and pedestrian accidents and bike accidents involving motor vehicles.
While auto accidents are a major cause of catastrophic injuries, life-altering physical trauma can also arise from serious on-the-job injuries and workplace accidents, particularly for people who work in construction, manufacturing, or industrial work in the South Bay. Any exposure to caustic, toxic, or dangerous chemicals at the job can similarly result in a catastrophic injury.
How Long Do I Have to File a Claim for a Catastrophic Injury?
In the state of California, you typically have two years from the damage of the catastrophic injury to file a claim. You will not be able to seek compensation after that two-year statute of limitations has expired.
Keep in mind that there are exceptions to that two-year deadline depending on the accident that caused you injury. Claims against state or federal government agencies will have a shorter window to file a claim. Additionally, waiting to take action could affect the quality of evidence in your case.
If you have suffered catastrophic injuries, it’s in your best interests to contact our San Jose accident law firm as soon as possible. During a free case evaluation, we can discuss what happened to you, how your life has been affected, and whether or not you have a claim worth pursuing.
How Suits Litigation, Inc Can Help Catastrophic Injury Victims
Attorney James C. Suits II is a native of the South Bay who proudly represents accident victims and families throughout San Jose and the entire Silicon Valley.
Recovering from a catastrophic injury takes time and can take a toll on a household, which is why Suits Litigation, Inc focuses on client peace of mind.
As you focus on healing and planning for your future, our law firm will track down witnesses and crucial evidence to make sure the full extent of your injuries are recorded. We will negotiate with insurance companies and adjusters for you. If we cannot reach a fair settlement, our law firm will take your case all the way to court to seek damages.
Request a Free Consultation with Our San Jose Catastrophic Injury Attorney
If you live in the South Bay and were seriously injured in an accident, you can trust James C. Suits II to provide sound counsel and legal advice. Your consultation is free and you can get detailed answers to all of your legal questions. To discuss your injuries and how they’ve affected your quality of life, contact our San Jose law office today.
Spinal Cord Injury (SCI)
After a spinal cord injury (SCI), survivors may experience major changes to their mobility, motor function, and ability to feel sensation in different parts of their body. Some SCI survivors may notice partial paralysis below the level of injury. In more extreme cases, SCI survivors may experience paraplegia (loss of sensation and control of the lower extremities) or quadriplegia/tetraplegia (loss of sensation and control of all extremities).
In cases of paraplegia and quadriplegia, spinal cord injury survivors will be dependent on a wheelchair for mobility for the rest of their life. They may also require additional medical devices and 24/7 medical monitoring and care. Working with a San Jose catastrophic injury attorney can help you receive compensation to cover the cost of these essential devices and services.
Traumatic Brain Injury (TBI)
Traumatic brain injuries (TBI) refer to more than just concussions. All kinds of serious head trauma can damage the brain that can affect memory, cognition, mental health, mood, and even motor functions. For some, a serious brain injury can be debilitating and prevent them from continuing their career path.
Our law firm can help survivors of traumatic brain injuries seek compensation to address the many ways their lives have been affected so they can continue to live with dignity and a hopeful future.
Loss of Limbs
During a serious accident, a person may lose a limb given the nature of their injuries. Whether you lose a limb at the site of a catastrophic accident or during an emergency surgery, the experience is traumatic and changes the way you approach daily life.
Following dismemberment or amputation, accident survivors will often require the use of a prosthesis and other assistive devices for mobility and to perform numerous daily tasks. Physical therapy and occupational therapy are common to help adapt to the loss of a limb.
Complex Bone Fractures and Joint Dislocation
Compound fractures, dislocated joints, and other severe skeletal injuries can have long-term repercussions even after a person has fully healed. Even with plates and artificial joints in place, there may be ongoing issues with mobility, range of motion, and limb strength that require physical therapy.
In addition, some survivors of complex bone fractures experience chronic pain or intermittent pain even after they’ve healed. This can have a severe effect on a person’s quality of life.
Severe Burns
When someone suffers from a second- or third-degree burn injury, the physical trauma can damage soft tissues, muscles, nerves, and even bones. In some cases, the severe burn injury may be so extensive that it leads to the loss of a limb and the need for extensive skin grafting.
Many people just think of thermal burns when it comes to catastrophic injuries, but burns can also be caused by electricity, chemicals, and other caustic substances. Electrical burns from an electrocution can affect the central nervous system and various parts of the body depending on the nature of the accident. Chemical burns can affect the throat, lungs, and other internal organs as well.
Loss of Vision and Loss of Hearing
Blows to the head and face could lead to blindness or deafness in varying degrees. Eye injuries or injury to the orbital bones could lead to total or partial vision loss. Hearing loss could occur when the ears or the sides of the head are impacted.
Injuries to the brain or central nervous system can also contribute to other kinds of sensory disabilities. Any negative effects on your senses can have lasting effects on the way you go about daily life.
Internal Injuries and Organ Damage
Like brain injuries, not all catastrophic injuries are outwardly apparent. The force of impact or the nature of one’s injuries could severely damage the internal organs. Injuries to the chest and abdomen are of particular concern given all of the vital organs that could be affected. Damage to parts of the gastrointestinal tract could lead to life-threatening infections.
Injuries to internal organs can take months or even years to heal from, potentially requiring numerous surgeries and other procedures to ensure a proper recovery.
Permanent Disfigurement
A number of catastrophic injuries we’ve noted above can cause some form of physical disfigurement. While many strides have been made in plastic and reconstructive surgery, the physical toll of a catastrophic event may still be apparent. For some accident survivors, the change to their appearance can have a lasting effect on their self-image and mental health.
Discuss Your Injuries with Attorney James C. Suits II
Whether you’ve suffered a long-term or permanent disability, survivors of catastrophic injuries can rely on our Santa Clara County law firm for help. We understand what you’re going through and are ready to help. To set up a free case evaluation with a skilled catastrophic accident attorney near you, contact our San Jose law office today.
Damages in a Catastrophic Injury Case
Compensation in a catastrophic injury case will help cover damage to property and myriad other financial losses caused by a serious accident. When you discuss your catastrophic injury at our San Jose law office, we will be sure to go over the various ways your life has been affected. We can then review various economic damages and non-economic damages relevant to your case.
Economic Damages After a Catastrophic Injury
Many of the economic damages in a catastrophic injury case are related to medical expenses. This covers both past and current medical expenses as well as estimates for the cost of future health care needs. Examples includes:
- Emergency treatment and hospital bills
- Physical therapy and rehabilitation
- Reconstructive surgeries and procedures
- Medical devices, implants, and accessories
- Prescriptions and pain management therapies
Economic damages in a catastrophic injury case will also consider different adaptations an accident survivor needs to make in order to accommodate their disability and go about their daily life. This includes:
- Mobility aids
- Transportation expenses (accessible vehicles, special transportation services, etc.)
- Home care and medical assistance
- Service animals
- Expenditures for home accessibility modifications (ramps, bathing facilities, stair lifts, etc.)
Other important financial losses that will be considered in a catastrophic injury case include lost wages during recovery from injuries and the lost future earning capacity as a result of long-term or permanent disability.
Non-Economic Damages After a Catastrophic Injury
Non-economic damages in a catastrophic injury case covers a wide range of non-financial losses. This includes damages for pain and suffering, emotional distress, impact on mental health, and any related therapy and counseling.
In addition, non-economic damages from a catastrophic injury may consider the overall effect on the victim’s quality of life and the lives of those in their household. Serious injuries can affect intimacy with a partner or the way a person interacts with children and other members of the household. We can discuss these private matters with you with discretion and compassion as part of the consultation process.
Liability for Catastrophic Injuries in California
Some catastrophic injuries result from unavoidable accidents or occurrences. Many accidents are caused by a person or company’s failure to employ the care required by law—this is called negligence. Other accidents are the result of someone intentionally acting in a manner likely to cause harm, such as driving drunk—this is called recklessness.
California and federal laws establish obligations for individuals and corporations. If a person or company doesn’t comply with these requirements, they can be liable for resulting injuries. Liability for major accidents or environmental hazards can involve many different assignments of fault due to negligence, recklessness, or intentional harm.
Keep in mind that you may be able to pursue claims against more than one person or company if you’ve suffered a catastrophic injury. Our San Jose law firm will explore what happened to you and identify the liable party or parties that should be held accountable.
You Can Still Seek Compensation If You Were Partly at Fault in an Accident
Even if you were partially at fault for the accident that caused your catastrophic injury, you can still seek compensation. This is because California is a pure comparative negligence state.
Pure comparative negligence means you can still seek damages if you were mostly at fault for an accident. Your percentage of fault is deducted from the total damages awarded by a jury.
Even if you were partly at fault in an accident, you should never admit this to an insurance representative or anyone else. These details should be discussed with the team at Suits Litigation, Inc. We’ll weigh the value of a settlement offer against the damages you may be awarded in a civil trial, and let you know which option is best for maximizing your compensation after a catastrophic injury.
Discuss Your Catastrophic Injury with an Experienced San Jose Lawyer
If you or a loved one was seriously injured in Santa Clara County and are now living with a long-term or permanent disability, our law firm is ready to help. To receive a free case evaluation from a trusted catastrophic injury lawyer in San Jose, CA, contact attorney James C. Suits II today.