There is no formal definition of a catastrophic personal injury, as opposed to a serious personal injury. And often, the two terms are used interchangeably.
The dictionary definition of catastrophic is a sudden and very great harm, coming from the ancient Greek for ‘overturning’. This image of someone’s life being turned upside down, is probably the best way to define a catastrophic personal injury.
Examples of catastrophic injuries
Spinal cord injury
A spinal cord injury is often catastrophic in its physical and mental impact on someone’s life. A spinal cord injury can differ, depending not only how severely the spinal cord is damaged, but also on how close the spinal cord injury is to the brain. The higher up the spinal cord, the more severe the impact. Some people are still able to use their arms, and their injury is classified as paraplegia; whilst other people are unable to use their arms or legs, and their injury is classified as tetraplegia.
As a trusted partner of the Spinal Injuries Association, we understand the challenges that people will face and know what support they will need because of their spinal cord injury. We have helped many people with claims after a catastrophic spinal cord injury, and you can read more about how we helped Bryony after her injury. She was left unable to stand or walk, after the driver of the car she was travelling in lost control and crashed into a wall.
Amputation injury
The amputation of a hand or arm, foot or leg has a catastrophic impact on your life. You have to come to terms not only with losing part of your body, but also the significant impact that that has on being able to carry out what used to be simple, everyday tasks.
We understand the physical and psychological impact of amputation injuries, and also the best private rehabilitation therapies and prostheses that can be provided to help you.
We have supported many people who have sustained an amputation. You can read more about how we helped James, who had a below-the-knee amputation after he was knocked off his motorbike.
Traumatic brain injury
A traumatic brain injury can vary in its severity. However, the most catastrophic traumatic brain injuries are life-changing for the injured person and also their family. The impact of the brain injury will vary, depending on which part of the brain is injured and how severely. A brain injury can cause significant physical symptoms such as difficulty moving, a loss of vision or hearing, and incontinence, but also behavioural issues such as aggression, inappropriate behaviour, trouble concentrating or processing information.
We have worked for many, many years with Headway, the brain injury charity. We understand the challenges people have when they sustain a traumatic brain injury. Read more about how we helped Ciaran, who suffered a bleed on the brain, which caused a severe brain injury, after he was knocked off his bike.
What is the difference between general and special damages in catastrophic injury claims?
In a catastrophic injury claim, there will be claims for what lawyers call general damages and special damages. In simple terms, general damages compensate for the pain and suffering, as well as for the loss of being unable to carry on your usual activities. Special damages, on the other hand, are all the financial losses, such as your loss of income and pension, the cost of rehabilitation, care and treatment, and even the cost of suitable accommodation or adaptations. The financial losses are not just losses you have incurred, but will also include your ongoing losses into the future.
Why expert legal advice matters?
Expert legal advice is essential when you are making a catastrophic injury claim. Your lawyer must be used to supporting people with a catastrophic injury claim. This is because your lawyer, aside from having to know the relevant law, must also be familiar with your kind of injury. They need to know the best-case managers to instruct to help you with your rehabilitation. They need to know the best experts to use to help build your case. They need to instruct the best barristers to form part of your legal team. Only expert lawyers experienced in supporting people with a catastrophic injury claim will ensure that you get the rehabilitation and legal outcome that you deserve.
This information is for guidance purposes only and does not constitute legal advice. We recommend you seek legal advice before acting on any information given.
