Los Angeles Catastrophic
Injury Attorney
Experiencing a workplace injury can be traumatic, but a catastrophic injury is a life-altering incident that has a severe impact. Catastrophic injuries often result in significant medical expenses and require substantial quality-of-life adjustments for victims to regain a sense of normalcy. For individuals who have suffered a catastrophic workplace injury, seeking legal representation is essential to ensure they receive proper compensation.
Lawyers for Justice, PC is a Los Angeles employment law firm committed to ensuring that workers receive the compensation they deserve for catastrophic injuries. With a strong dedication to fighting for workers’ rights, the firm has assembled a team of talented and compassionate attorneys who are well-versed in California law and who advocate for injured employees. Regardless of the type of accident claim, the attorneys at Lawyers for Justice, PC can help secure the compensation workers need.
To get started for a free consultation, call the 24/7 legal team at (213) 772-5010 today!
What is a Catastrophic Injury?
A catastrophic injury in the workplace refers to a severe and life-altering injury that significantly impacts a person’s physical and/or mental capability. According to the US Bureau of Labor, in an 2023 injury report, there have been 2,569,000 nonfatal injuries and 5,283 fatal injuries occurring in the workplace.
Catastrophic injuries can range from back injuries to amputations to even organ damage, and the severity of these injuries typically results in either a permanent disability or requires long-term medical treatment.
Types of Injuries
Due to the nature of catastrophic injuries in the workplace, there are a variety of injuries that can be sustained. The most prominent injuries are brain injuries, burns, and spinal cord injuries.
Brain Injuries
According to the National Institute of Neurological Disorders and Stroke, a traumatic brain injury (TBI) is a brain dysfunction that is caused by a forceful bump, blow, or jolt to the head. Depending on the nature of the accident, a traumatic brain injury can be classified as one of two different categories: penetrating and non-penetrating.
Penetrating
A penetrating head injury (sometimes referred to as an open head injury) is when an object pierces the skull and enters into the brain tissue, causing damage to certain parts of the brain. Penetrating TBIs are serious injuries and are typically caused by actions such as gunshot wounds, blunt force trauma, shrapnel explosions, skull fractures, and falls.
Depending on the depth and damage of the piercing, a penetrating TBI can be fatal. However, if it is not immediately fatal, victims usually require immediate medical attention in order to survive.
Non-Penetrating
A non-penetrating head injury (sometimes referred to as closed head injury) is when an external force or blow has been applied to the head and it causes the brain to rattle inside the skull, resulting in bruising and tearing. While non-penetrating injuries are not inherently fatal, they can still cause physical and cognitive damage that can become fatal in the future if not treated carefully.
Non-penetrating traumatic injuries are usually caused by car accidents, falls, and blunt force trauma. Depending on the severity of the blow, recovery can sometimes take days, weeks, or even months to heal.
Burn Injuries
A burn injury is a type of injury that damages the skin and the tissue underneath. Depending on the severity of the burn, accident victims may require extensive surgery and medical treatment in order to recover.
The American Burn Association (ABA) has reported in a burn incident fact sheet, that an estimated 29,000 people are admitted into a hospital’s burn unit every year. Those who are admitted tend to have sustained severe burn injuries, from which it can be costly to recover.
While the severity of a burn will vary, they can happen anywhere and anytime and, if not treated properly, can result in serious health problems for the foreseeable future.
Spinal Cord Injuries
The National Institute of Neurological Disorders and Stroke (NINDS) defines a spinal cord injury as a direct injury to the spinal cord or to the tissue and bones surrounding the spinal cord. Due to the spine’s limited ability to absorb impact and force, any significant impact could potentially damage the nerves that send and receive signals to and from the brain.
The severity of a spinal cord injury can vary on a case-by-case basis, but they can be categorized either as Complete or Incomplete.
Complete
A complete spinal cord injury occurs when there is a complete severance of nerve connections from the spine to the brain. As a result, there is a complete loss of motor control, feeling, and function depending on which section of the spine is injured.
Complete spinal cord injuries are widely considered as one of the worst types of injuries a person can sustain, because they are permanent and life altering. In addition, medical treatment can become an ongoing expense, making recovery very costly.
Incomplete
An incomplete spinal cord injury is when the spinal cord has lost some nerve connections and is only able to send partial commands to and from the brain. Those who have suffered incomplete spinal cord injuries will suffer partial paralysis and a significant loss of control and feeling on certain parts of their organs and body.
While an incomplete spinal cord injury can be recoverable, it requires a significant amount of time and resources, both of which can become a costly endeavor especially if your workplace is physically demanding.
How a Los Angeles Catastrophic Injury Lawyer Can Help?
If a worker wants to file a claim for a catastrophic injury, it is important to hire an experienced lawyer as they’ll be able to handle the case objectively and effectively. From completing necessary paperwork to negotiating with opposing counsel and insurance adjusters, a catastrophic injury lawyer can help with every legal aspect of a case and help guide victims to a solution that gives a just and fair settlement.
Without an attorney, there is a high likelihood that you will not be able to recover that much compensation for your medical treatments and might be forced to pay out of pocket for any remaining costs.
What is the Statute of Limitations of Personal Injury Claims?
According to section 335.1 of California’s Code of Civil Procedure, all personal injury cases must be filed within two years of the accident date. If not, the victim may not be able to pursue compensation for damages.
Any attempt to file a claim after the two year mark would be immediately dismissed in the California court system. The only exception to the two year rule is unless the victim is a minor, in jail, legally insane, living out-of-state, or disabled.
What Kind of Damages Can You Recover?
Catastrophic injury victims are able to recover economic, non-economic, or punitive damages for the accident in question. The availability of recoverable damages is usually dependent on the severity of the accident and how their catastrophic injury attorney negotiates with the opposing counsel and the insurance company. Employees filing a catastrophic injury claim should understand the types of damages they may be eligible to recover.
Economic
Economic damages are calculable costs that can be awarded to the victim if they can prove that the accident has accrued unexpected costs. This is designed to make the victim financially whole so they can make a full recovery from their injuries without having to worry about any financial stress.
For example, medical expenses, lost wages, physical therapy costs, property damage, and loss of future earnings are all things that can be recovered in a catastrophic injury case.
Non-Economic
Non-economic damages are incalculable costs designed to provide the victim fair compensation for any emotional or subjective misfortune they may have experienced.
For instance, pain and suffering, emotional distress, and loss of enjoyment of life are subjective and can vary from person to person.
Punitive
Punitive damages operate differently from economic and non-economic damages because instead of trying to provide victims compensation, they focus on punishing the responsible party for overtly negligent or reckless actions. Punitive damages are designed to provide victims a sense of closure and justice.
They provide the court an opportunity to set legal precedence and to deter any similar cases that may occur in the future. However, it is important to note that punitive damages are rare and are only awarded in certain circumstances.
Lawyers For Justice, PC Can Help
If an employee has suffered a catastrophic injury at work due to someone else’s negligence or recklessness, they may be eligible to recover compensation for their damages. Lawyers for Justice, PC, a top-rated law firm specializing in employment law, is prepared to take on catastrophic injury cases and fight for injured workers.
Whether the injury involves a traumatic brain injury, spinal cord injury, or other severe harm, Lawyers for Justice, PC is committed to protecting workers’ rights and ensuring they receive the compensation they deserve.To get started with a free consultation, call (213) 772-5010 today!