What Is a Catastrophic Injury Claim?

If you were seriously injured due to someone else’s negligence, you may have a catastrophic injury claim. This legal action can help you obtain fair compensation for the significant expenses and other losses associated with life-altering injuries.

We have written before about the differences between personal injury and catastrophic injury claims. Overall, claims involving catastrophic injuries tend to be more complex and more money is typically at stake. Hiring an experienced lawyer is crucial for winning these cases.

At Burg Simpson, a catastrophic injury lawyer in Denver can represent you with the utmost effectiveness and fight for maximum compensation on your behalf. We are committed to holding negligent parties accountable for the harm they cause.

Call Burg Simpson at 303-792-5595 today for a FREE and confidential case evaluation. Our injury lawyers serve clients throughout Colorado from our office in the Denver area.

What Qualifies as a Catastrophic Injury?

There is no hard-and-fast definition of “catastrophic injury.” It is a general term used to describe an injury that has a serious, usually permanent impact on one’s health and ability to function. People who suffer a catastrophic injury generally experience some degree of disability.

Injuries that may be considered catastrophic include:

• Spinal Cord Injuries
• Brain Injuries
• Amputation Injuries
• Vision or Hearing Loss
• Burn Injuries
• Internal Injuries
• Complex Bone Fractures / Soft Tissue Injuries
• Nerve Damage
• Multiple Traumatic Injuries (Polytrauma)

Catastrophic injuries require immediate medical attention. Victims may also need to undergo extensive rehabilitation and therapy. Psychological counseling is often necessary to help with issues such as depression, post-traumatic stress disorder, etc. In some cases, a full recovery may not be possible.

If the victim tragically succumbs to their injuries, surviving family members may be entitled to compensation for the loss. A knowledgeable attorney can prepare a wrongful death claim on your behalf.

What Rights Do You Have?

Many different incidents can lead to catastrophic injuries. A knowledgeable attorney can help you protect your rights, explore your legal options, and pursue a catastrophic injury claim.

You may have grounds for a personal injury lawsuit if you can prove that one or more negligent parties were responsible. As leading personal injury attorneys, we have helped clients who have been seriously injured as a result of:

Motor Vehicle Accidents

Vehicle crashes account for a significant number of serious injuries in our state every year. CDOT data from 2018–2023 shows that 17,253 accidents were suspected to result in serious injury.

Drivers and passengers of motor vehicles, as well as pedestrians and bicyclists, can pursue compensation for catastrophic injuries in accidents caused by negligent drivers.

• Car Accidents
• Truck Accidents
• Motorcycle Accidents
• Pedestrian Accidents
• Bicycle Accidents
• Drunk Driving Accidents

Defective Products

Serious injuries and adverse health impacts may be caused by defective products. Product liability law allows consumers who have been harmed by a faulty product to pursue compensation for their losses.

Medical Malpractice

Errors on the part of medical practitioners can lead to serious injuries and even death. Medical malpractice may be difficult to prove, so it is important to speak with an experienced attorney as soon as possible.

Potential grounds for a medical malpractice lawsuit may include:

• Anesthesia Errors
• Birth Injuries
• Emergency Room Errors
• Failure to Diagnose & Misdiagnosis
• Medication Errors
• Surgical Errors

Premises Liability

Dangerous conditions on a property can result in severe and even life-threatening injuries. A premises liability claim seeks to hold negligent property owners accountable for the harm suffered by a lawful visitor.

Victims of the following may be able to bring a catastrophic injury claim against the owner of the premises:

• Slip & Fall Accidents
• Dog Bites
• Nursing Home Abuse & Neglect
• Explosions
• Negligent Security

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Workplace accidents are another common cause of catastrophic injuries. Falls, fires, electrocution, and contact with objects and equipment are just a few of the job-related incidents where a worker can get seriously hurt.

In Colorado, employees are generally limited to making a workers’ compensation claim if they get hurt on the job. However, if you are seriously injured, it is vital to identify all of your legal options. If third-party negligence was a factor, you may be able to file a personal injury lawsuit to pursue additional damages.

What Compensation Is Available for a Catastrophic Injury?

Substantial compensation may be recovered in a catastrophic injury claim. Recoverable damages are divided into two distinct categories.

Economic damages encompass financial losses. They include both current expenses and costs you will face in the future:

• Medical bills for emergency room care, hospitalization, surgery, rehabilitation, etc.
• Lost income
• Out-of-pocket expenses for medications, assistive devices, etc.
• Loss of earning capacity
• The cost of household services, modifications to your home or vehicle, etc.

Non-economic damages compensate you for the impact of a catastrophic injury on your health, psychological well-being, and quality of life. These are not monetary losses, but a qualified injury lawyer can help you quantify them:

• Pain and suffering
• Emotional anguish
• Permanent disability and scarring and disfigurement
• Loss of enjoyment of life

You may also have a claim for exemplary damages. In Colorado, exemplary damages (also called punitive damages) may be awarded to plaintiffs if their injury is accompanied by issues of “fraud, malice, or willful and wanton conduct” (see Colorado Revised Statutes § 13-21-102).

Exemplary damages may not exceed the compensation awarded for economic and non-economic damages. Furthermore, a claim for exemplary damages must be made in accordance with specific procedures. A knowledgeable trial lawyer can evaluate your case and handle the process on your behalf.

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What Do I Need to Prove?

As with any personal injury claim, there are several key elements you need to prove to obtain compensation for a catastrophic injury. The elements of a catastrophic injury claim are:

1. Proving the Nature & Extent of the Injury

Catastrophic injuries are distinguished by their severity and long-term impact. A comprehensive review of your medical records is essential for identifying the symptoms and limitations you are currently experiencing. Input from your doctors and expert witnesses can help to establish the long-term effects you are likely to face.

You and your attorney need to account for all of the ways the injury affects your life, now and in the future. This includes your ability to work, perform day-to-day activities, and engage in hobbies, as well as the effects on your relationships with family members.

2. Determining Fault & Causation

Next, you need to establish that your injury was caused by the negligence of one or more defendants. The defendant(s) are the party or parties named in your claim and against whom you take legal action.

Causation refers to the circumstances that led to your injury. A clear connection must be shown between the negligence of the defendant(s) and the injuries you suffered.

3. Establishing Damages

Finally, your claim must set forth all of the damages to which you are entitled. This includes not only the financial costs and lost wages, but the full extent of your non-economic loss. All damages must be supported by strong evidence.

Your injury or injuries should be considered stable before making a claim. This ensures that your catastrophic injury claim is based on a complete picture of your losses to date and any difficulties going forward.

Why You Need a Catastrophic Injury Lawyer

Recovering from a serious injury may be one of the hardest things anyone has to do. Hiring a lawyer to handle your catastrophic injury claim will enable you to devote yourself 100% to rehabilitation without having to worry about a legal matter.

An experienced injury attorney can handle all aspects of your case, including:

• Prompt investigation of the incident that led to your injury
• Thorough collection of evidence, including photographs, witness accounts, accident reports, etc.
• Complete preparation of your case, including calculating damages and consulting expert witnesses
• Settlement negotiation with insurance companies
• Helping you decide whether to accept a settlement offer or file a lawsuit
• If necessary, filing a lawsuit and preparing for trial

Burg Simpson Can Help with Your Claim

No two personal injury claims are exactly alike. At Burg Simpson, we develop unique legal strategies to represent clients with maximum effectiveness. This is pivotal for cases involving catastrophic injury, which often entail a number of distinct challenges.

Contact Burg Simpson today for a FREE evaluation of your case. We handle catastrophic injury claims on behalf of clients in Denver, Englewood, and all of Colorado.