Paradise Catastrophic Injury

What Is Considered A Catastrophic Injury In Law? 

Nevada law defines a catastrophic injury as an injury sustained from an accident that results in:

• The total loss of sight in one or both eyes
• The total loss of hearing in one or both ears
• The loss by separation of any arm or leg
• The amputation of a major portion of the arm or leg
• The total loss of or significant and permanent impairment of speech
• The loss or significant impairment of function of one or more vital internal organs or organ systems

Other types of injuries considered catastrophic by the state are:

• An injury to the head or spine that results in the paralysis of the legs, the arms, or both the legs and arms
• An injury to the head which results in a severe cognitive impairment
• An injury consisting of second or third-degree burns on 50% or more of the body, both hands or the face 

What Causes A Catastrophic Injury?

An accident or negligent action you are involved in can cause a catastrophic injury. These include a motor vehicle accident, premises liability, product liability, medical malpractice, workplace accidents, pedestrian accidents, and violent encounters.

If you are involved in a motor vehicle accident, a flying object can pierce your skull, or you may experience a sudden blow to the head. Consequently, you may sustain a traumatic brain injury (TBI), which can be catastrophic.

If a drunk driver collides head-on with your vehicle, you may suffer severe injuries, like TBI, spinal cord injuries, and disfigurement. A drunk driving accident attorney can help you understand your case and determine your best next steps.

A doctor failing to perform the necessary tests to give a correct diagnosis may result in a misdiagnosis of cancer, which may be discovered at later stages. At this time, you may need an amputation that could have been avoided with a timely diagnosis. This can also be grounds for a claim involving catastrophic injury.

Sustaining a severe injury in a car accident caused by faulty brakes or any other defect may be a catastrophic injury stemming from product liability. 

Other examples include:

• Experiencing a severe burn from chemical exposure at work
• Sustaining disfigurement in a pedestrian accident
• Suffering fractures in a criminal activity

Is A Broken Arm Considered A Catastrophic Injury?

This is one of the most asked questions concerning catastrophic injuries. A broken arm can be considered a serious injury, as it requires immediate medical attention. However, most broken arms usually heal after treatment. Therefore, one may return to their normal life. In this case, the injury will not be considered catastrophic.

A broken arm may be classified as catastrophic if the injury is so severe that it results in long-term complications — for example when a broken arm results in a disability or when it requires surgery or extensive therapy upon failing to heal with the initial treatment.

Infections arising from a broken arm can also make a case considered catastrophic. This can happen when a bone in an open fracture is exposed to bacteria and other germs during injury or surgery. Osteomyelitis is a good example of a bone infection. 

If someone develops osteomyelitis of the arm, they can experience serious symptoms, including pain at the site of infection, pain during movement, swelling, fever, chills, excessive sweating, weight loss, and tiredness. These symptoms can significantly affect one’s life. Osteomyelitis can be treated by medications and surgery.

A broken arm can also be catastrophic when it damages the cartilage or other joining structures and, with time, develops into post-traumatic arthritis.

Therefore, if a broken arm requires surgery to be treated or causes other complications, it can be classified as a catastrophic injury.

What Is A Catastrophic Brain Injury?

A traumatic brain injury can be mild, such as in the case of a concussion. Although serious, since it affects the brain, a mild TBI is typically not considered catastrophic because it has short-term symptoms that can heal within a few weeks or months of treatment.

A moderate TBI is more serious than a mild one, but it may not be considered catastrophic unless it causes serious damage to the brain. A severe TBI is catastrophic because it results in the permanent loss of most brain function. 

Mild, moderate, and severe TBI have generally similar symptoms, which include:

• Unconsciousness
• Headache
• Dizziness
• Vomiting or nausea
• Post-traumatic amnesia (A temporary state of confusion and memory loss after unconsciousness)
• Seizures
• Trouble falling asleep
• Slurred speech
• Loss of coordination, among others

The primary difference is the period the symptoms last. For instance, the loss of consciousness can last less than 30 minutes in mild TBI, 30 minutes to 24 hours in moderate TBI, and more than 24 hours in severe TBI. Post-traumatic amnesia (PTA) can last zero to one day in mild TBI, less than one to less than seven days in moderate TBI, and more than seven days in severe TBI.

If you suffer a catastrophic brain injury, you should be fairly compensated.

Why Should You Hire A Catastrophic Injury Attorney?

Catastrophic injuries can lead to costly damages. If you develop arthritis due to a broken arm, you will need additional treatment to recover. This may include medications, physical therapy, and, if the symptoms are severe enough, surgery. 

Being amputated will limit your ability to move freely, and you may also experience emotional complications. If you or your loved one permanently loses brain function, the inability to work is a potential consequence, which means the quality of your or their life may diminish, and so forth.

When you work with catastrophic injury attorneys in Las Vegas, every possible damage you may suffer will be considered. Your attorneys will thoroughly investigate your case and obtain adequate information from experts, such as medical professionals and economists, to assess future damages.

The other party’s insurance company may offer less compensation or one that appears fair but may not be so if you consider possible ongoing losses. You want to hire serious injury attorneys who will protect you from paying for expenses in the future out of pocket.

Our Paradise personal injury attorneys will obtain more information about your case and guide you on the best ways to fight for your rights. We will also keep you updated so you can make informed decisions.