What Kinds Of Injuries Are Considered To be Catastrophic In Nature?
Generally speaking, there are three types of catastrophic injury cases. The first type of injury case is the type of injuries that affect a person’s activities of daily living. It prevents them from doing things that an ordinary person would be able to do, in an ordinary day. These would be injuries like paraplegia, quadriplegia, and amputations, all of which prevent folks from walking normally. This can affect their ability to get around and care for themselves in an everyday life setting. The second type of injury is the type of injury that prevents a person from returning to the workforce or their occupation.
Those would be injuries, such as back, or injuries that can cause chronic pain preventing an individual from having the capacity to live their daily life. If you have a severe burn, for example, it may allow you to do most of the activities of your daily living, but may not allow you to return to your occupation. If you have a severely injured back, and the operation does not fix the problem completely, it allows you to do most ordinary activities, but prevents you from lifting, or bending over. That is considered the second category of a catastrophic injury.
The third category would be the catastrophic injuries that cause significant scarring, such as burn, or lacerations that significantly affect a person’s appearance, and therefore affects their ability to appear comfortably in public places. A severe burn will often affect a person’s work and personal life. The fourth category for catastrophic injuries would be a brain injury. With certain brain injuries, a person can become so disabled in their ability to think, and function at work, or home. Those are the four general categories of catastrophic injuries.
Are Catastrophic Injuries Generally The Result Of Certain Types Of Accidents?
It really is the cause of the severity of the accident. In some of the accidents that are considered commonplace, minor forces involved, you can still have a catastrophic injury, such as a person suffers a herniated disc from a simple auto collision. That herniated disc can turn into a fusion surgery, and now the spine is affected. Not all surgeries are affected or do they last, and some people need to get a second surgery. This can be so disabling that it ends up being a catastrophic injury for them. Catastrophic injuries occur more often in collisions that are high speed, but they can occur in any collision, including from simple slips, trips, and falls.
Therefore, it is not any particular type of accident that will cause a catastrophic injury, but they are more frequently occurring in high-speed collisions, high velocity, or high slip, and falls where somebody falls from a great distance. You are more likely to be catastrophically injured in that situation. It really is a question of physics applied to the body, and physics laws, which tells us that there is more force applied to the body when there are greater speeds, greater heights involved. This does not necessarily mean you will not have a catastrophic injury with lower heights, and speed involved in any accident. It just means that the probability of the injury being catastrophic goes up with the severity of the collision, or the severity of the height with the fall.
What Types Of Damages Are Available To Someone Who Suffers An Injury In A Catastrophic Accident That Is Someone Else’s Fault?
The first type of recovery will be the recovery of the medical bills that a person incurs because of such an injury. The second type of damage is lost wages that a person has suffered because of this accident. In a catastrophic injury case, most of those folks have a loss of earning capacity, or future lost wages, because they are not able to return to their job and do the things that they used to be able to do. They are going to have a significant future in lost wages claims or lost earning capacity, that needs to be properly analyzed by a vocational expert for a catastrophic injury case. The other type of damages that needs to be evaluated in a catastrophic injury case is the pain, suffering, emotional, and mental impairment, or suffering.
In Kansas, those damages are limited, but in catastrophic injury cases, you must illustrate that you are entitled to the most that you can get under Kansas law. You will need to show proof by providing life types of photographs, or videotapes that depict how severe the catastrophic injury is, and provide all medical records from the victim. Many of these cases require a narrative report from healthcare professionals who are providing most of the treatment in these catastrophic injury cases. It needs to show the effect of this catastrophic injury on that person, how they suffered, and how they are going to be affected in the future.
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