Catastrophic Injury FAQs

1. What qualifies as a catastrophic injury?

A catastrophic injury is a severe, life-altering injury that results in long-term or permanent disability. This includes traumatic brain injuries (TBI), spinal cord injuries, amputations, severe burns, paralysis, and other conditions that significantly impact a person’s ability to work, function, or care for themselves. For more in-depth information regarding these injuries, visit our guide.

2. What compensation can I recover in a catastrophic injury case?

Victims may be entitled to substantial compensation for:

• Current and future medical expenses
• Lost wages and loss of earning capacity
• Pain and suffering
• Emotional distress
• Home and vehicle modifications
• Long-term care and life care planning

In some cases, punitive damages may also be awarded if gross negligence or intentional harm was involved.

3. How long do I have to file a catastrophic injury lawsuit?

In California, the statute of limitations is generally two years from the date of injury. However, exceptions may apply—especially if a government entity is involved or the injury wasn’t discovered immediately. Acting quickly helps preserve your legal rights and critical evidence.

4. How are catastrophic injury cases different from other personal injury claims?

These cases involve higher damages, complex medical evidence, and long-term projections of care and cost. They often require input from medical experts, forensic economists, and life care planners. Insurance companies tend to fight harder to minimize payouts due to the high financial stakes.

5. Can a family member file a lawsuit on behalf of an injured loved one?

Yes. If the injured person is unable to represent themselves due to incapacity or disability, a legal guardian, family member, or conservator may file the claim on their behalf. In the worst cases, families may also file wrongful death claims if the injury proves fatal.

6. Do I need a lawyer for a catastrophic injury case?

Absolutely. These cases are complex, high-value, and emotionally draining. A skilled catastrophic injury attorney can coordinate medical evidence, calculate future damages, negotiate aggressively with insurers, and take the case to trial if necessary—all while you focus on recovery.