Severe accidents on the job can cause catastrophic bodily injuries that are debilitating and permanent. Of course, these accident victims are blessed and lucky to have survived and their loved ones are grateful that they did not perish. However, catastrophic injuries must be given extreme consideration and respect when seeking justice in the aftermath of the tragic event.
For those who are harmed in an accident caused by the wrongdoing of another, federal law and the state laws of Indiana and Illinois provide civil avenues for justice in the form of seeking monetary recompense.
This includes damages for the loss of a normal life after suffering catastrophic bodily harm.
When Is an Accident Injury Considered Catastrophic?
Whether or not a victim’s injuries qualify as catastrophic will depend upon the extent and scope of the harm and meeting the legal definition of a “catastrophic injury.” The victim’s full bodily harm must be documented and correlated to the law that applies to the particular accident. See, The Importance of Accident Site Location for Personal Injury Claims in Indiana and Illinois.
Worker accidents on an Indiana construction site will be covered by Indiana’s state jurisdiction and state law, for instance, while a Chicago pedestrian accident will be controlled by Illinois law. Some federal on-the-job accident claims are within the federal jurisdiction. See, Work Injuries and On-the-Job Accidents in Indiana and Illinois With Federal Law Protections: FELA, Jones Act, LHWCA, DBA.
Legal Definitions of Catastrophic Injuries
Under federal law, 42 USC § 3796b(1) defines a catastrophic injury as one whose “consequences … permanently prevent an individual from performing any gainful work.” Illinois accident victims must look to state court case precedent to establish their situation meets the Illinois definition. See, e.g., Krohe v. City of Bloomington, 789 N.E.2d 1211, 204 Ill. 2d 392, 273 Ill. Dec. 779 (2003).
In the Hoosier State, a state statute defines “catastrophic injuries” in IC 35-31.5-2-34.5. Under Indiana law, these are injuries that are “… 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.”
Examples of catastrophic injuries include:
- Amputations
- Blindness
- Deafness
- Spinal Cord Injuries
- Traumatic Brain Injuries.
For more on catastrophic bodily injuries, read:
- Traumatic Amputations in Industrial Accidents
- Traumatic Brain Injury Accidents: the Cost of Care and Treatment
- Spinal Cord Injuries: Tragic Result of Serious Accidents
- What are Catastrophic Injuries? Severe Bodily Harm Suffered by Accident Survivors in Indiana and Illinois.
Loss of a Normal Life Damages
When an accident victim survives an accident only to find themselves facing a future which includes the realities of a catastrophic injury, it is a difficult reality to process both physically and psychologically. This is true for the victim as well as their loved ones and family members.
When their situation has been caused by the wrongdoing of another, the law provides them with a means to obtain justice from those who are legally responsible for the accident and its consequences. The victim can pursue monetary damages from those the law holds liable for the harm. Damages can cover many things, from emergency medical treatment to pain and suffering.
In catastrophic injuries, damages may also be sought for the victim’s loss of a normal life.
What are Loss of a Normal Life Damages?
For some, loss of a normal life is synonymous with damages from a permanent disability. Disability claims involve the same type of long-term harm that is meant by loss of a normal life damages.
As explained in the Comments to the Illinois Pattern Jury Instructions with a reference to Smith v. City of Evanston, 631 N.E.2d 1269, 260 Ill. App. 3d 925, 197 Ill. Dec. 810 (App. Ct. 1994) regarding defining the loss of a normal life, these are alternatives for the same harm.
In Illinois courts, juries will be charged either on “loss of a normal life” or “disability.” As explained in Illinois Pattern Jury Charge 30.04.01, entitled “Measure of Damages–Disability/Loss of a Normal Life,” the Smith case disapproved of the term “disability” in preference to the phrase “loss of a normal life.”
Proving Loss of a Normal Life Damages
Loss of a normal life damage claims are a form of “non-economic damages” which must be established with authenticated and admissible evidence which usually does not involve easily accessed documentation like W-2 forms, income tax returns, or credit card statements. Instead, there may be a need to have expert analysis of the accident victim’s life experience both before and after the event.
Experts may provide their opinion and analysis on how the accident victim has suffered, and will continue to suffer, a loss of a normal life. Expert testimony, for instance, can explain how deafness or an amputation physically ended the victim’s normal life as experienced before the accident.
Coupled with this will be the need for the accident victim and their loved ones to document how things have changed for the victim and will be forever different. For example, if the accident victim was an avid outdoorsman, and has suffered bodily injuries which block any ability to hike, camp, or fish, then photographs of past camping trips and handwritten notes jotting down goals of visiting various national parks in the future can be evidence of a loss of a normal life damage claim.
For more, read:
- What are Legal Damages After a Work-Related Accident in Indiana or Illinois?
- Who Can Claim Damages After a Work Accident in Indiana or Illinois?
- Loss of Earning Capacity Damages After Accident in Illinois or Indiana.
Loss of a Normal Life After an Accident with Catastrophic Injuries
Surviving a severe accident must always be celebrated as a victory over tragedy. However, an aggressive pursuit of justice when a victim has lived but suffered catastrophic injuries is a recognized justice under state and federal law.
Catastrophic injuries involve permanent harm and a changed life with an altered future. The loss of a normal life suffered by the accident victim is a real harm that is recognized as compensable damages to be paid by those legally liable for the accident.
Under the law, the accident victim bears the burden to pursue these damage claims even while they are dealing with the consequences of the accident itself. There is also a time limit or deadline placed upon the victim to file civil lawsuits seeking justice in these matters.
While this may be overwhelming at times, it is the victim’s responsibility to investigate and pursue claims under applicable negligence, product liability, premises liability, medical malpractice, and/or worker’s compensation laws.
For more, read:
- Workers’ Compensation and Third-Party Claims for On-the-Job Accidents
- Deadlines for Injury Victims to File Lawsuits: Statutes of Limitations
- Premises Liability and Workplace Accidents: Third Party Injury Claims.
In both Indiana and Illinois, there are personal injury laws that can provide coverage for damages like loss of a normal life in accidents resulting in catastrophic injuries. Please be careful out there!
