What Makes Catastrophic Injury Cases Different?
Catastrophic injuries are life-altering injuries that make it difficult – if not impossible – for a victim to resume a full and productive life. The goal of every personal injury lawsuit in Rhode Island is the recovery of compensatory damages designed to make the plaintiff “whole” again. The greater the injury, the greater the damages needed to obtain wholeness.
Catastrophic injuries, because they are so serious, require large amounts of compensation for medical expenses, pain and suffering, loss of quality of life and other losses. They also require a high degree of legal skill to substantiate losses that may be ongoing.
Extraordinarily severe injuries demand extraordinary legal care and experience to achieve results.
The law firm of Marasco & Nesselbush is committed to helping catastrophically injured clients secure the money they need to live comfortably. With millions recovered in personal injury cases, we have a proven track record of success in high-stakes cases. We invite you to review some of our representative case highlights, such as:
- $1.25 Million Total Recovery – Recovered on behalf of an adolescent who sustained a TBI and orthopedic injuries when hit by a drunk driver who had been negligently served alcohol in a local bar.
- $1 Million Recovery – Secured for a child who sustained a traumatic brain injury in a fall from a second-floor window.
- $975,000 Total Recovery – Secured in a case against a bar and a drunk driver for the family of injured adolescent.
- $925,000 Recovery – For a car accident victim who sustained fractures to the pelvis and leg.
- $358,750 Total Recovery – Recovered from the negligent driver and her uninsured motorist protection on behalf of a woman who sustained a TBI when she was struck by a motor vehicle while riding her bicycle.
- $350,000 Recovery – Recovered on behalf of a client injured in a rear-end collision. Our client sustained a significant spinal injury that required spinal fusion surgery.
Find out how we can help you today. To have your legal questions answered through a free consultation, call Marasco & Nesselbush now or send us a message.
Defining “Catastrophic Injury”
An exact definition of “catastrophic injury” is difficult. The U.S. Code defines it as an injury that prevents an individual from performing any gainful work. This is certainly part of the definition, as many catastrophic injury victims are never able to work again, but it is a bit narrow.
In sports, the term “catastrophic injury” is used to describe injuries to the brain and/or spinal cord that are potentially life-threatening or permanent. While brain and spinal cord injuries are types of catastrophic injuries, they are not the only types. Burn injuries and amputations, for example, which are all but unheard of in sports, are common sources of catastrophic injury claims.
What these definitions have in common is that they describe injuries that change somebody’s life, possibly forever. At the very least, catastrophic injuries are a major setback requiring significant medical treatment. At the worst, catastrophic injuries mean a lifetime of medical treatment and personal assistance to cope with significant permanent disabilities.
The Costs of Catastrophic Injuries
A victim may make a full recovery from a catastrophic injury, but not without incurring significant medical bills.
Consider that the costs of a spinal cord injury in the first year alone can reach approximately $300,000-$1 million or more, and that the costs of traumatic brain injury can exceed $5,000 per day of hospitalization. Over a lifetime, the costs of these catastrophic injuries can easily run into millions of dollars.
The Importance of an Experienced Catastrophic Injury Lawyer
Rhode Island personal injury law allows damages to be awarded for both past and future losses. This means that the economic damages (medical expenses, lost earnings) and non-economic damages (pain and suffering, disfigurement, loss of enjoyment of life) your injury already caused you – and will continue to cause – are compensable.
There is no set formula for determining future losses. Expert testimony can be helpful, but it isn’t required. If a lawyer can present a strong case supporting a plaintiff’s future losses, the case is more likely to end in a fair settlement. If the case goes to trial, the jury is granted considerable discretion in determining future damage awards, although the evidence presented by a plaintiff’s lawyers will strongly influence that determination.
The art of calculating future losses is honed by experience with catastrophic injury cases. There is no substitute for this experience, which could end up being the difference between adequate and inadequate compensation.
Justice requires that if your injury was caused by a car accident, truck accident, dangerous property, on-the-job accident, medical malpractice or other type of negligence, the responsible party should bear the costs.
Speak for Free with Rhode Island’s Trusted Personal Injury Law Firm
The experienced lawyers at Marasco & Nesselbush have obtained extraordinary results for many catastrophically injured clients. Learn how we can help you by scheduling a free consultation.
Call or contact us now to get started.
- Cornell University Law School – U.S. Code Title 42, § 3796b
- Jones and Bartlett Learning – Concepts of Athletic Training
- Baylor University Learning Center – Future Economic Damages
- The American Journal of Medicine – Medical Bankruptcy in the United States, 2007: Results of a National Study