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Personal Injury FAQ

What Is a Catastrophic Injury?

Per 42 USC § 3796b, the legal definition of a catastrophic injury is an injury with "direct and proximate consequences" that "permanently prevent an individual from performing any gainful work." In simpler terms, a catastrophic injury is an injury that is so serious that its effects leave the victim with permanent damage. Catastrophic injuries are usually the result of physical harm to the brain and/or spinal cord which can have a severe short- and long-term impact on an individual's functional capabilities.

Whatever the case, if you have sustained injuries serious enough to be long-term and debilitating or that caused you a deformity, you have suffered a catastrophic injury.

Having a catastrophic injury means losing a vital part of your person, whether it's a limb, the ability to walk, or the ability to form a whole thought. For any accident that results in catastrophic injury to even one person, a catastrophic injury lawsuit and settlement can be pursued. With the help of a personal injury lawyer, you can legally be compensated for the wrongful and life-altering harm that has been done to you.

You are entitled to a catastrophic injury settlement for a number of reasons:

  • First, the more serious the injury, the greater the medical expenses. You may have had surgeries, need rehabilitation, or you may require permanent use of a medical device or medication.
  • Second, if the injury put you out of work, you may be entitled to compensation for those lost wages.
  • Finally, you may also be entitled to compensation because of the emotional damage that you suffered.

The Types of Catastrophic Injuries

In general, catastrophic injuries come in three types:

  • Physical injuries include amputation, burns, fractures, and damage to orthopedic function or tissue.
  • Spinal cord injuries exclusively affect the spinal cord, creating permanent mobility issues for survivors.
  • Cognitive injuries are among the most costly of catastrophic injuries. Cognitive injuries arise from brain damage that takes away a person's ability to work, speak, or form new memories.

Each and every catastrophic injury impacts the survivor and their entire family. Taking care of someone with mobility or cognitive limitations is emotionally taxing, forcing working spouses to quit their jobs and devote themselves to around-the-clock care full-time. In cases where a spouse can't quit their job, they'll need to make enough money to hire a caretaker, which is an exorbitant cost for most families. A catastrophic injury means a limited future for survivors and their families, and that's unacceptable.

If you would like to learn more about how our firm can help you rebuild your future, do not hesitate to call us today.

Case Results

Check Out Our Victories

  • $8 Billion Top 3 Largest Jury Verdict in U.S. History Arnold & Itkin LLP tried a Risperdal case against Johnson & Johnson for failing to warn about one of the drug’s most damaging side effects: gynecomastia. Our skill, hard work, and dedication resulted in the third-largest jury verdict ever obtained ...
  • $357 Million Largest Workplace Accident Settlement in Texas history Arnold & Itkin LLP secured a massive nine-figure settlement against a transnational corporation for a workplace incident. The settlement set a Texas record for being the largest personal injury settlement in the state’s history.
  • $222 Million Record-Breaking Verdict for Widow Our firm won $222 million for a woman who lost her husband in an industrial accident caused by a faulty valve. We took the case to trial because the at-fault company refused to take responsibility. The jury saw through the corporate lies and double ...
  • $205 Million Confidential Settlement Obtained for Numerous Clients Arnold & Itkin reached a record $205,000,000 settlement on behalf of clients after several years of hard-fought litigation. The case settled just before trial was set to begin.
  • $171 Million One of the Largest Confidential Settlements in History Arnold & Itkin worked over the course of several years to represent clients in a case that many other law firms turned down. In the end, we were able to obtain a record-setting confidential settlement of $171 million.
  • $117 Million Largest Single-Event Personal Injury Verdict in Louisiana History Arnold & Itkin represented a pregnant woman who experienced stomach pain and called Acadian Ambulance. The driver of the ambulance drove the ambulance into the back of a sugar cane truck causing the plaintiff's spine to be severed at T4 and for her ...
  • $116 Million Confidential Settlement Arnold & Itkin LLP negotiated a massive nine figure settlement on behalf of their clients after several years of hard fought litigation.
  • $110 Million Record Settlement Achieved for Victims of Defective Products Arnold & Itkin obtained a record settlement for individuals harmed by defective, dangerous products. The result exemplifies our commitment to clients and justice for those seriously injured by the conduct of others.
  • $105 Million Record Settlement for Dangerous Product Victims Arnold & Itkin’s legal team helped represent those harmed by dangerous products. We were successful in recovering a $105 million settlement.
  • $97 Million Massive Settlement Secured for Refinery Workers Arnold & Itkin is proud to share that after months of preparation for trial, our firm was able to secure a huge settlement for clients who were injured in a refinery fire. Find out more now.
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“Jason Itkin sets them apart from anyone else. When you meet him, you’ll know why. He just takes all the breath out of the room when he walks in and he’s negotiating for you.”
Josh Offshore Accident Victim

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