What is a ‘catastrophic injury’?
There is no strict legal definition of a “catastrophic injury” that our personal injury solicitors can look up in a book to decide whether your injuries are severe enough to be classed as ‘catastrophic’; it is all a matter of judgment.
In practice, we usually reserve the term for injuries that have a profound and permanent impact on a person’s way of life. Seriously injured people frequently require lifelong care, rehabilitation, specialist equipment, and sometimes, their homes adapting to cope with the effects of their injuries on their ability to live the best life they can. They may be unable to return to work, take part in the pastimes they used to enjoy, or even carry out routine everyday tasks without support.
In addition to the physical impact of catastrophic injuries, they usually take their toll on the person’s emotional well-being, too. The loss of independence, ongoing pain, and an inability to live the life they once had can cause severe anxiety, depression, and post-traumatic stress disorder.
Examples of some catastrophic injuries that can give rise to catastrophic injury claims include:
- Amputation
- Severe burns
- Sight loss
- Complex fractures
- Spinal cord injuries and paralysis
- Traumatic Brain Injuries
How do catastrophic injury claims differ from other personal injury claims?
Catastrophic injury claims tend to differ from less serious personal injury claims in terms of complexity, length, and the final compensation settlement. These differences have a knock-on effect on how we handle the claim, including:
The amount of medical evidence
Most personal injury claims require expert evidence from at least one medical expert. When it comes to a catastrophic injury claim, we may need to gather evidence from multiple experts across a range of disciplines, each of whom will reach their own conclusions on key matters in line with their specialisms.
When assessing a claimant in a catastrophic injury case the medical experts must consider whether the injuries will have a lifelong impact. They must make a measured assessment on future deterioration and possible complications, to ensure that we and the court have a complete picture of the claimant’s prognosis.
The extent of the other evidence
Given the severity of the injuries involved, catastrophic injury claimants usually require a larger amount of evidence to support their losses than is the case with most personal injury claims.
For instance, when supporting a claimant in a catastrophic injury claim, our personal injury solicitors will consider whether the following types of evidence will be needed in addition to medical evidence:
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Care expert evidence
Successful catastrophic injury claims often necessitate getting evidence from care experts, who explain to the client, their lawyers and the court the types of care and support the claimant will likely require over their lifetime, together with the associated costs.
This might include receiving regular visits from nurses or care workers and any aids that may enable the claimant to live more independently. The costs involved will form part of your compensation claim.
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Loss of earnings evidence
Personal injury claimants are entitled to compensation for any loss of earnings their injuries caused. In more minor injury claims, calculating the loss of earnings can be straightforward. If the claimant took time off work to recover from their injuries and later returned to their role, the loss of earnings will usually be based on the losses incurred during that period.
When it comes to catastrophic injury claims, the situation can be far more complicated. If the claimant can’t return to work or has to take a lower-paid role due to the effects of their injuries, their loss of earnings claim can cover the rest of their working life.
To ensure our client is not undercompensated, we may seek advice from specialist forensic accountants who can calculate complex losses, such as those arising from reduced earning capacity, lost promotions and career progression, and pension and retirement benefits.
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Accommodation expert evidence
Where a claimant’s injuries mean that their current home can no longer meet their needs, it may be necessary to instruct an accommodation expert. This person will assess whether adaptations could be made to enable the claimant to continue living there, or whether they need to move to alternative accommodation.
Accommodation experts often have backgrounds in building, surveying or architecture, and are ideally placed to understand whether the claimant’s current home is appropriate for their needs. If not, the expert will identify what, if any, changes could be made to the property to accommodate the claimant, along with the cost. If this happens, we will include these costs in your compensation claim.
The differences outlined illustrate why catastrophic injury claims take longer to resolve than less serious claims.
Trying to calculate the amount of compensation too early risks the claimant not being compensated for the full extent of their pain and suffering and financial losses.
Often, clients who pursue catastrophic injury claims sometimes find that they need financial help. For example, they may need to pay for home adaptations or specialist therapy treatment. When this happens Mooneerams injury team will seek to obtain an ‘interim payment’ from the other side. If successful, the client will receive part of their expected compensation before the case is fully resolved.
Can I make a catastrophic injury claim?
You can make a catastrophic injury claim if you sustained your injuries in an accident for which someone else was to blame. Examples of when this might be the case include:
- Road traffic accidents, where the other driver was speeding and caused an accident in which you sustained crushing injuries.
- Accidents at work, where your employer’s failure to provide protective eyewear meant that shards of metal penetrated your eye and caused sight loss.
- Accidents involving a fall from height, for example, where a balcony, scaffolding or workplace platform was poorly maintained and thus unsafe.
If you are unsure whether you have cause to make a catastrophic injury claim, get in touch with Mooneerams.
Our experienced catastrophic injury solicitors will be only too pleased to help you.
But why should you choose Mooneerams Solicitors to handle yours or your loved one’s personal injury claim?
After all, catastrophic injuries may turn your life upside down. So, you must have someone you can trust. Here’s a quick rundown of why your claim will be in good hands at Mooneerams:
- We are the only purely claimant firm of personal injury solicitors in Wales – we only act for injured people.
- We only handle personal injury work. That’s right. We don’t any other types of work such as house conveyancing or criminal law; only personal injury claims.
- We’ve got the specialist injury lawyers needed to run complex injury cases; not every firm has.
- Angus Fergusson heads up our catastrophic injury team. With over 26 years of post-qualification experience and having obtained many multi million pound settlements for clients, Angus is well placed to handle any type of catastrophic injury claims.
He and his team combine hard work, specialist experience and a warm and empathetic approach to bring these devastating injury claims to a successful conclusion.
How much compensation can you receive for a catastrophic injury?
It’s impossible to say how much compensation you might expect to receive in a successful catastrophic injury claim until all medical reports and evidence of loss have been gathered together.
However, that compensation will include damages to cover all or some of the following:
- Pain and Suffering (and loss of amenity; the effect of the injuries on your daily life)
- Lifelong care
- Rehabilitation
- Specialist equipment
- Adapted accommodation
- Loss of earnings
Mooneerams – the No Win No Fee catastrophic injury claims solicitors
Mooneerams usually act for catastrophic injury clients on a No Win No Fee basis. This means that you needn’t worry about paying our fees upfront. You only pay us if your claim is successful.
Like most other types of personal injury claims, catastrophic cases must be started within three years from the date of the incident that caused your injuries.
Alternatively, the three years will only start on the date you became aware that the injuries you sustained were caused by an incident that happened at an earlier time. Examples of when this might apply are in asbestos disease claims or medical negligence claims.
If you or a family member has suffered a catastrophic injury and would like to know if and what you can claim for, our team at Mooneerams will be happy to help. Call Mooneerams on 029 2199 1927.
