A car accident, slip-and-fall, or other incident can turn your life upside down when catastrophic injuries occur. These serious injuries go beyond sprains or fractures, leaving you out of work and with long-term or permanent disability or impairment. However, knowing if your injuries are considered catastrophic in New Jersey and how that distinction may impact your claim can be challenging.
How New Jersey Law Defines Catastrophic Injuries
While all personal injuries take a physical and emotional toll, only certain injuries are considered catastrophic in New Jersey. Specifically, a catastrophic injury leaves you with permanent disabilities that leave you unable to perform gainful work and require long-term medical care. These types of injuries have unfortunately become more common, with 3,166 serious injuries from motor vehicle crashes reported in New Jersey in 2021, a 9% increase from the previous year.
Common examples of catastrophic injuries include the following:
- Traumatic brain injuries (TBIs)
- Amputations
- Spinal cord injuries
- Burn injuries
- Vision or hearing loss
- Multiple fractures
- Organ damage
- Paralysis
How Catastrophic Injury Claims Differ from Other Personal Injury Cases
You may have heard “personal injuries” and “catastrophic injuries” used interchangeably, but claims involving these injuries have different legal and medical implications. The knowledgeable lawyers at Mandelbaum Barrett PC can help you navigate these key distinctions, which include the following:
Severity
With traditional personal injuries, harm can range from bruising to fractures, with a recovery and return to work likely. In contrast, catastrophic injuries are more severe, leading to permanent disabilities that require ongoing medical treatment and prevent you from returning to work.
Claim Value
Because catastrophic injuries have long-term implications, their damages are much more significant than those in other personal injury cases. Long-term medical care, procedures, caregiving services, home modifications, therapies, and permanent loss of income are common damages in catastrophic injury claims, making them much more valuable.
Complexity
The long-lasting medical care and other future medical and emotional losses associated with your catastrophic injuries can be challenging to calculate, making the legal process much more complex. Testimony from medical specialists and other experts is often required to prove these damages.
Additionally, with the high value of these claims, insurance companies will likely be more aggressive in their tactics to minimize or deny your claim.
