Philadelphia Catastrophic Injury Lawyer

What is a Catastrophic Injury?

The medical community defines catastrophic injuries as those causing trauma to the spinal cord, spine, or brain. For legal purposes, the definition is expanded to harm that ends a person’s ability to live as they did before an accident. These types of injuries include:

• Blindness or loss of any of the senses
• Severe burns
• Loss of limbs
• Organ damage
• Traumatic brain injuries (TBIs)
• Paralysis

Catastrophic injuries typically occur because of someone else’s recklessness or carelessness. They are often seen in vehicle crashes but can happen in several scenarios, including at work, through medical malpractice, in fires, and from defective products.

A Catastrophic Injury Can Alter the Lifestyle of a Whole Family

A catastrophic injury, both permanent and life-altering, is a different matter altogether. When a person has a catastrophic injury, such as a head injury or a spinal cord injury, their family’s entire lifestyle is drastically altered. Think of Gabrielle Giffords, unable to return to her position as a U.S. congresswoman after being shot in the head at a public political forum, or Christopher Reeve, the actor who had played Superman before suffering a spinal cord injury that left him paralyzed for the rest of his life. Both put a face on catastrophic injuries, but many other people without financial means have suffered similar losses.

Talk to an attorney at the Marrone Law Firm, LLC in Philadelphia about a life-changing injury, whether it can be considered a serious injury or a catastrophic injury.

The Elements of Negligence

Negligence is a substandard act or inaction that directly harms another person. The courts use the “reasonable person test” to determine whether the defendant’s conduct fell below how a sensible person in a similar situation would act. Everyone has a duty to behave responsibly and not put others in danger. Substandard conduct is a breach of that duty, and negligence is established if a defendant’s breach of duty caused injuries to another person, which can then be compensated with a lawsuit.

Damage Awards Compensate Catastrophic Injuries

A monetary award compensates for financial losses, called economic damages. These include medical and rehabilitative care, and current and future wages lost due to time away from work. Non-economic damages place a value on emotional, psychological, and mental suffering. A catastrophic injury attorney in Philadelphia could offer compassionate representation to help get their client fully compensated following an incident that left them with serious harm.

Punitive Damages

Sometimes, a defendant acts outrageously or maliciously, with no regard for human life. In these cases, the jury may award punitive damages that are pleaded separately and can only be provided alongside compensatory damages.

Damage Caps

Although some states cap non-economic damages in injury lawsuits, Pennsylvania does not, unless the lawsuit is against the Commonwealth or a local government entity. According to 42 Pennsylvania Consolidated Statutes § 8528(b), economic and non-economic damages are capped at $250,000 per injured party and $1,000,000 per incident when the Commonwealth is the defendant.