Accidents that seriously hurt people can result in death or in severe bodily injuries resulting in permanent harm. Fatal accidents are tragedies, of course, where grieving loved ones are left to seek justice on behalf of their deceased loved one who has passed away. To learn more, read 10 Things to Know About Wrongful Death in Indiana Accidents.
However, there can be severe and horrific incidents that do not prove to be deadly with both the accident victim and family members facing its life-altering consequences. These serious, non-fatal accidents are the cause of what is legally referred to as “catastrophic injuries.”
Catastrophic injuries can happen in a wide variety of instances, both on-the-job on a work site as well as on the road, or in any number of locations or activities (such as sporting events or school-sponsored programs), including:
- Semi-Truck Crashes
- Motor Vehicle Accidents
- Falls
- Nursing Home Neglect or Abuse
- Struck-By or Caught In-Between Accidents
- Electrocutions
- Sporting Events or Practice Field Injuries
- Medical Malpractice
- Defective Products.
The Definition of Catastrophic Injuries
Congress has provided one definition of “catastrophic injury” which applies to cases and claims that are within the federal jurisdiction, such as maritime workers filing claims under the Jones Act. For details, read Work Injuries and On-the-Job Accidents in Indiana and Illinois With Federal Law Protections: FELA, Jones Act, LHWCA, DBA.
Federal Definition
In accident claims that arise out of federal law, this legislation provides the definition that will control their case.
Federal statute 42 U.S.C. §3796b(1) explains:
“catastrophic injury” means an injury, the direct and proximate consequences of which permanently prevent an individual from performing any gainful work.
Definitions in Illinois and Indiana
Federal statutory definitions do not apply in state claims. In these matters, state law applies. In our part of the country, the location of the accident site will determine which state’s law applies: Illinois or Indiana.
Illinois
Illinois legislation has no specific definition for “catastrophic injury,” depending instead upon the state courts to provide one. See, e.g., Krohe v. City of Bloomington, 789 N.E.2d 1211, 204 Ill. 2d 392, 273 Ill. Dec. 779 (2003).
Indiana
In Indiana, state lawmakers have passed legislation that contains specifics on what constitutes a “catastrophic injury.”
In the State of Indiana, these injuries are defined in IN Code § 35-31.5-2-34.5 (2019) as:
“Catastrophic injury” means bodily injury so severe that a person’s ability to live independently is significantly impaired for a period of at least one (1) year. The term includes an injury causing blindness, deafness, paralysis, or an intellectual disability.
Common Types of Catastrophic Injuries
Overall, under either federal or state law, an accident produces catastrophic injuries when the victim survives only to face a lifetime of permanent bodily damage and its corresponding consequences. These situations involve significant medical and psychological care not only immediately following the incident but also in the short term and long haul.
Catastrophic injuries can mean the accident victim is so incapacitated as a result of bodily harm that extensive care will be required for the remainder of the victim’s lifetime.
Common catastrophic injuries that can result from a severe accident here in Indiana or Illinois include:
1] Traumatic Brain Injuries
When the brain is seriously injured in an accident, permanent harm can result leaving the accident victim to deal with the aftermath of severe brain trauma in a traumatic brain injury (TBI). For more on TBIs, read:
- The Fight Against Protecting People from Concussion and Brain Injury (TBI)
- Head Injury in an Accident: Varied Causes of Permanent Brain Injuries
- Brain Injury Awareness: Serious Traumatic Brain Injuries Kill Hundreds Every Day in This Country
2] Spinal Cord Injuries
Perhaps the most vulnerable part of the human body, from an accident perspective, is the length of the spinal cord as it extends from the upper neck and head down the back and torso to the buttocks. At any juncture, severe trauma to the spine can cause permanent harm ranging from the debilitating pain of pinched nerves to loss of function from disc displacement or fracture. For more, see:
- Spinal Cord Injury Advancement: Restoration of Use Hope for Accident Victims Suffering Paralysis
- Spinal Cord Injuries: Tragic Result of Serious Accidents.
3] Amputations
Sadly, a great many roadside crashes as well as on-the-job injuries result in the victim facing the loss of one or more limbs due to the extensive harm they have received in the accident. In some horrific incidents, amputations occur during the course of the accident itself. In other situations, the victim faces surgical amputation necessitated by the severity of the injuries sustained by the limb (e.g., a crushed hand, foot, etc.). For more, read:
- Amputations and Motor Vehicle Accidents in Indiana or Illinois
- Amputation Injuries from On-the-Job Work Accidents in Indiana or Illinois.
Accidents with Catastrophic Injuries: Justice for Victims and Their Families
Of course, the victim’s survival of an accident so intense that it causes catastrophic injuries brings a depth of gratitude because of the victory over death. However, for both the accident survivor and his loved ones, there will be a long and heart-wrenching path to follow in the aftermath as catastrophic injuries must be faced.
Any catastrophic injury brings months, years, and perhaps a lifetime of care and treatment. Lives are forever changed in these cases.
Initial medical care and treatment (surgeries, etc.) may transition into physical and psychological care and treatment that will involved the long-term. Rehabilitation, including training in alternative work careers, may be needed.
These accidents, accordingly, need to be investigated for cause with any and all parties who are legally liable being held responsible for the financial compensation necessitated in catastrophic injury claims.
Under both state and federal law, negligence, product liability, premises liability, medical malpractice, and more may come into play and provide avenues for justice to accident victims and their families.
For more information, read:
- Pain Awareness: Claims to Cover an Accident Victim’s Pain Damages
- Burn Injuries in the News: Reminder of How Severe and Serious Burn Damages Are for Accident Victims
- New Research Study: Getting Rehab Fast for Spinal Cord Injuries is Important for Accident Victims
- Medical Malpractice: Injury or Death from Medical Devices.
In both Indiana and Illinois, there are personal injury laws that can provide coverage for damages in accidents when severe bodily harm results in catastrophic injuries. Please be careful out there!
