Denver Catastrophic Injury Attorneys

What Is a Catastrophic Injury?

A catastrophic injury is one that leaves the victim paralyzed, severely disabled, unable to work, and/or dependent on a caregiver. Serious motor vehicle accidents can result in catastrophic injuries because of the size and weight of vehicles, and the impact of a collision.

Some Examples of Catastrophic Injuries Include:

• Vision loss: Trauma to the eyes, or damage in certain parts of the brain, can result in deterioration or loss of vision. Minor vision loss can affect someone’s work or future employment opportunities, while complete vision loss not only impacts a victim’s professional life, but personal life as well. Vision loss can result in psychological difficulties, such as depression, and negatively impact relationships with friends and family.
• Hearing loss: Long-term hearing loss is often associated with certain industries, including construction and manufacturing – particularly when workers are not provided with proper safety equipment. Hearing loss can affect many different aspects of a person’s life, including work and personal relationships. Damage to a person’s inner ears is typically permanent and cannot be treated without medical procedures and hearing aids.
• Loss of limb: Traumatic amputation can occur in car wrecks and workplace accidents, especially around large and powerful machinery. Other times, injuries to body parts can be so extensive that surgical amputation is required. Any type of loss of limb is traumatic and can have serious consequences for years to follow.
• Severe burns: Burns that affect large parts of a person’s body, or the head and face, are destructive. Not only are these burns painful and require extensive medical treatment, but they can result in other issues like impaired movement. Burns to the face and head can involve hearing or vision loss, and facial burns result in scars that can have long-term psychological consequences as well.
• Organ damage: Severe organ damage can result in the need for long-term treatment or greatly limit the physical activity of an injured person. These limitations may result in loss of future work, changes in lifestyle that negatively affect that person’s mental health and relationships with others, and future complications that require additional medical care.
• Spinal cord injuries: Minor spinal cord trauma typically results in long-term pain and suffering that can require medical treatment, prescription drugs, and surgery to correct. Serious trauma to the spinal cord can result in partial or total paralysis, depending on the severity of the injury and where on the spine it is located. Paralysis can impact the rest of a person’s life, with consequences that include loss of work, difficulty with personal relationships, and future complications.
• Traumatic brain injuries: These are among the most serious catastrophic injuries a person can suffer. Depending on the location and severity of a brain injury, the consequences can vary. Even seemingly minor injuries can seriously impact someone’s personality or daily routine. Severe brain injuries can result in loss of memory, extreme changes in personality or lifestyle, and difficulty performing previously routine tasks. These injuries often result in a loss of work and future possibilities and can place a tremendous strain on relationships, including marriage.

Common Causes of Catastrophic Injuries

Common causes may include:

• Motor Vehicle Accidents: Auto accidents, truck accidents, and motorcycle crashes are among the leading causes of catastrophic injuries. These types of accidents could result in serious trauma to the brain, spine, and internal organs, leading to lifelong consequences.
• Workplace Accidents: Occupational accidents are another significant source of catastrophic injuries. Construction workers, factory employees, and others in high-risk jobs are particularly vulnerable to accidents involving heavy machinery, falls from heights, or being struck by falling objects.
• Slip and Fall Accidents: Premises liability accidents, such as slip and falls, can result in catastrophic injuries, specifically for elderly individuals or those with weakened bones. A fall from a height or on a hard surface can cause severe head, neck, and back injuries, fractures, and traumatic brain injuries, leading to permanent impairment.
• Medical Malpractice: Errors made during surgery, misdiagnoses, or improper medication could lead to catastrophic injuries. These injuries could result in permanent disability or even death. Victims of medical malpractice often face extensive rehabilitation and long-term care, making legal action necessary for securing compensation.
• Defective Products: Defective products, which include automobiles, household appliances, and pharmaceuticals, can cause catastrophic injuries if they fail to function as intended. Defects in design, manufacturing, or marketing can lead to accidents that result in serious injuries, like burns, amputations, or permanent disabilities.
• Sports Injuries: Although sports-related injuries are often associated with sprains or strains, some injuries can be catastrophic. High-contact sports like football, hockey, and boxing could lead to brain injuries, spinal cord injuries, and fractures, affecting an individual's ability to live independently and engage in everyday activities.

Catastrophic Injuries & Insurance in Colorado

Although insurance policies related to motor vehicles or workplace accidents are standard, the nuances involved in catastrophic injuries can make these proceedings complex. Often, insurance companies attempt to downplay the extent of injuries or dispute long-term prognosis, impacting settlement amounts. Navigating these insurance disputes requires a deep understanding of insurance law, including recognizing when an insurer may not act in good faith.

In Colorado, where many residents commute long distances and engage in outdoor activities, injuries can vary widely, further complicating insurance claims. The importance of a knowledgeable attorney skilled in handling local insurance disputes cannot be overstated. They can discern when insurers underplay injuries due to policy limits and pursue legal avenues to ensure fair compensation. At Tenge Law Firm LLC, we employ strategic negotiation and thorough investigation, utilizing medical and occupational experts to defend your rightful claims effectively.

What Compensation is Available in a Catastrophic Injury Claim?

When calculating compensation for catastrophic injuries, it is essential to consider both current and future impacts on the victim's life. This includes immediate medical expenses, ongoing care needs, and anticipated future treatments. Additionally, compensation should account for lost wages and diminished earning potential due to the inability to work or reduced capacity for income generation.

Catastrophic injuries often also lead to non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. These are harder to quantify but are just as important for ensuring fair recompense. The Tenge Law Firm, LLC, is adept at evaluating these intricate damages, working with various specialists to thoroughly document evidence supporting a complete and comprehensive compensation package. Our goal is to fully compensate our clients, acknowledging the profound life changes resulting from their injuries.

How to Prove Negligence

Proving negligence involves demonstrating four key elements:

• Duty of Care: The first stage is showing that the responsible party owed a duty of care to the injured person. For example, a driver has a duty to operate their vehicle safely, or a property owner is responsible for maintaining their premises to prevent accidents.
• Breach of Duty: Once duty is established, it must be proven that the responsible party breached that duty. This could be a driver speeding, a property owner failing to clean up a spill, or a manufacturer releasing a dangerous product. In cases of medical malpractice, it might involve a healthcare provider deviating from established standards of care.
• Causation: It must be shown that the breach of duty directly caused the catastrophic injury. Causation is often the most challenging element to prove, especially when injuries result from multiple factors. For example, in a car accident, it must be shown that the driver's actions were the direct cause of the crash and the injuries sustained.
• Damages: Lastly, it's necessary to show that the driver suffered real damages due to the injury. In the case of catastrophic injuries, the damages could include medical expenses, lost wages, pain and suffering, and long-term care costs. In many cases, victims may also be qualified for compensation for diminished quality of life and emotional distress.