Calculating Damages in Catastrophic Injury Cases

Attorneys must calculate damages in catastrophic injury cases carefully to account for all economic and non-economic losses needed to make victims whole again. Two main categories represent tangible and intangible losses, which all personal injury lawsuits address. The third category, punitive damages, is only available for certain cases, but catastrophic injuries due to extreme negligence often meet the requirements.

In legal cases, catastrophic damage refers to an outcome so severe, irreversible, or lasting that a person’s recovery requires outside assistance to manage. There aren’t set standards for conditions that qualify as ‘catastrophic,’ but spinal cord injuries, traumatic brain injuries (TBI), and disfigurement often do.

If you need help determining damages for your situation, our catastrophic injury lawyers can help you pursue the appropriate compensation and maximize your recovery.

Tangible, financial losses fall into the category of economic damage. These are simpler to calculate because the damages involve concrete figures, but your catastrophic injury lawyer must still present evidence, such as receipts, invoices, and valuations, to prove the worth of the claim. 

The expenses of a catastrophic injury vary based on the event. A person filing a car accident lawsuit will have different property damages and losses than someone filing a personal injury claim for a workplace injury. An attorney can help define eligible economic losses. 

Here are some common damages in catastrophic injury cases:

• Medical Expenses: This includes past, current, and future expenses for care related to your injuries.
• Lost Wages: This accounts for all missed work due to your injuries.
• Diminished Future Earnings: If your catastrophic injuries prevent you from returning to your job, you may be entitled to compensation for reduced future earnings.
• Property Loss: A totaled or damaged vehicle or bicycle, or other lost personal belongings, may be claimed as damages.
• Out-of-Pocket Expenses: Catastrophic injuries may require home or transport modifications for accessibility in cases where a disability has occurred.

Due to the intangible nature of non-economic damages, these can be harder to calculate. Without concrete figures and numbers, your catastrophic injury attorney must use witness statements, medical records, and TBI case studies to demonstrate the incident’s impact on your emotional and psychological well-being.

Examples of non-economic damages include:

• Pain and Suffering: Compensation for physical and emotional anguish related to the pain and trauma caused by the injury.
• Loss of Consortium: A spouse may be entitled to damages when an injury results in a loss of companionship, affection, and support.
• Reduced Enjoyment of Life: When catastrophic injuries prevent you from taking part in hobbies and activities you once enjoyed, you may seek compensation for a lesser quality of life.

North Carolina courts recognize punitive damages when injuries are caused by fraudulent, willful and wanton, or malicious conduct. These are awarded to try to dissuade future extreme negligence or recklessness by the defendant. A judge or jury decides punitive damages based on several factors, including:

• The severity of the defendant’s motives or conduct
• The likelihood the defendant’s actions would cause catastrophic harm
• The duration of the conduct
• Proven economic and non-economic damages of the injury
• Cover-up actions, such as a hit-and-run or concealing facts

If you study a traumatic brain injury case, you’ll see damages named that are unique to that situation, because each person’s circumstances must be considered in these calculations. Some common catastrophic injuries are brain, spine, and disfigurement, and the type of injury influences the financial and emotional impact. Our attorneys will assess damages specific to your injuries for accuracy and adequacy. These may include:

• Brain Injury Damages: Traumatic brain injuries can cause significant cognitive and emotional impairment, requiring long-term therapy and medical care.
• Spinal Cord Injury Damages: When a catastrophic spinal cord injury results in paralysis or loss of motor functions, compensation must account for emotional and psychological effects of a permanent disability plus accessibility equipment, rehabilitation, surgeries, and home modifications.
• Disfigurement Damages: Burns, amputations, and severe scarring may require reconstructive surgeries, prosthetics, and medical expenses. An altered physical appearance often takes an emotional and psychological toll on the person affected.

If you’ve experienced a catastrophic spinal cord injury, severe burns from an accident, or another life-changing incident, your treatments and rehabilitation may continue well into the future. It’s essential to calculate damages in catastrophic injury cases to account for upcoming expenses, anticipated trauma, and ongoing care. An attorney for your catastrophic injury understands the challenges of estimating damages and the importance of getting it right through:

Medical Assessments

Your legal team will need to account for upcoming medical treatments and care requirements, so you are taken care of in the future. A victim’s care team and medical specialists can testify to anticipated treatments, rehabilitation, and care, and traumatic brain injury case studies can demonstrate which resources are necessary to recover from injuries like yours.

Income Evaluations

Input from your employer and industry experts will help pinpoint future lost income when you’re no longer able to work or perform at the level you did before the injury. If a loved one can no longer work due to your condition, this can also be a consideration.

Anticipating Out-of-Pocket Expenses

When you’re experiencing traumatic injuries that may progress, you may need additional care, assistance, or treatments that need to be considered in your compensation. A TBI case study may help identify some of the out-of-pocket expenses that will arise for care and rehab, and an attorney experienced with these cases can also provide guidance.

State Laws and Guidelines

North Carolina attorneys understand the state maximums for personal injury claims to make sure your compensation falls within legal guidelines yet appropriately estimates any and all future needs.

When you or a loved one suffers a catastrophic spinal cord injury, head trauma, or other debilitating harm due to someone else’s negligence, you deserve appropriate compensation. Our experienced injury attorneys understand how to calculate damages for catastrophic injury cases to get you the recognition you deserve. Contact Miller Law Group to discuss your legal options for compensation today.