What Is Considered a Catastrophic Injury Under Pennsylvania Law?

Unlike minor injuries, catastrophic injuries often demand lifelong care, ongoing rehabilitation, and a complete reconfiguration of your life. At PhillyLaw, we understand the profound impact a catastrophic injury can have not just on you, but also on your entire family as you all cope with altered circumstances. The physical pain, emotional suffering, and financial uncertainty that follow such a life-changing event can be overwhelming.

But at PhillyLaw, you are never alone with your injury case once you work with us. We offer 24/7 support to our clients, knowing that your recovery from a catastrophic injury does not follow a 9-to-5 schedule. As a boutique Philadelphia-based personal injury law firm, we also do not pass cases off to junior associates.

We know that a catastrophic injury claim deserves, and will receive, our full time and attention. PhillyLaw is committed to helping the victims of catastrophic injuries with this higher standard of one-on-one care and compassionate representation. We work every day to help catastrophic injury victims in PA understand their legal rights, as well as fight for the fullest compensation that our clients can recover under Pennsylvania law.

What Is Considered a Catastrophic Injury in Pennsylvania?

Catastrophic injury cases have serious consequences and are therefore treated with equally serious consideration under Pennsylvania state law. Under Pennsylvania personal injury law, catastrophic injuries lead to permanent disability or require lifelong medical care. Catastrophic injuries are also associated with lost capacity, such as an inability to perform certain tasks, enjoy your hobbies, or return to work.

Some examples of catastrophic injuries include:

• Spinal cord injuries: A spinal cord injury can result in partial or complete paralysis. Victims may lose sensation or mobility below the point of injury and require the use of wheelchairs, specialized care, or home modifications for the rest of their lives.

• Traumatic brain injury (TBI): TBIs can range from concussions to severe brain damage that affects cognition, speech, memory, and motor function. Severe TBIs may prevent the victim from ever working again or even living independently.

• Amputations: The loss of a limb not only causes physical trauma but also significant emotional and psychological distress. The cost of prosthetics may be included in your catastrophic injury case settlement, as well as the ongoing maintenance that they may require.

• Serious burns: Third-degree burns can lead to permanent scarring, disfigurement, and extreme pain. Burn victims often require multiple surgeries and years of treatment to recover, both physically and emotionally.

• Loss of vision or hearing: Losing one’s ability to see or hear is life-altering and can prevent someone from working in their field, caring for themselves, or engaging in hobbies and daily routines.

• Organ damage: Damage to vital organs like the heart, lungs, or kidneys may necessitate transplants or lifelong medical supervision. These injuries can have cascading effects on a person’s overall health and longevity. In cases involving organ damage, working with a law firm that has experience handling catastrophic injuries is critical, since there may be additional lifelong expenses that an insurance company may attempt to shirk in the initial settlement offer.

• Disfigurement: Visible and permanent disfigurement can be traumatic and life-altering, often resulting in social anxiety, depression, and other forms of emotional distress. Under PA law, you may be able to receive payments for these losses, as well as the medical care you require from a disfiguring catastrophic accident.

What Kinds of Damages Can I Recover from a PA Catastrophic Injury Claim?

Typically, Pennsylvania law limits the right to sue for certain kinds of damages if you carry only limited tort insurance. However, catastrophic injuries are often exceptions to that rule. Pennsylvania Statute 75 Pa.C.S. §1705 does not specify certain injuries as “serious” or catastrophic, but instead classifies what kinds of consequences are associated with these kinds of cases. In catastrophic injury cases, even insurance holders with limited tort coverage may still be able to sue for additional non-economic damages after an accident in PA.

This means that in Pennsylvania, if your injuries are deemed severe enough, you may still be eligible to sue for full compensation. This can allow you to recover some or all of the following costs from a Pennsylvania injury lawsuit:

Economic Damages

These include all measurable financial losses, such as your:

• Past and future medical expenses

• Rehabilitation and therapy costs

• Long-term or in-home care

• Loss of income or earning capacity

• Costs for mobility equipment or home modifications

Non-Economic Damages

These are subjective losses that affect your quality of life after a catastrophic injury:

• Pain and suffering: This includes your physical pain, both during the accident as well as your recovery period.

• Emotional distress: Catastrophic injury victims often experience not only physical pain, but also mental anguish, anxiety, and depression linked to their accident.

• Loss of enjoyment of life: If you are unable to participate in certain hobbies again, like walks in Fairmount Park or biking along the Allegheny River Trail, a catastrophic injury law firm may be able to account for these losses in your case.

• Loss of consortium: This may include payments for the impact your accident has had on your relationship with your spouse.

In the most severe cases, if the injury was caused by reckless or intentional conduct, victims may also be eligible for punitive damages in limited cases in Pennsylvania. These are designed to punish the wrongdoer and deter similar behavior in the future.

Contact PhillyLaw if You or a Loved One Has Suffered a Catastrophic Injury

At PhillyLaw, we take catastrophic injury cases especially seriously because we have seen firsthand how these tragedies affect the lives of our PA friends and neighbors. Our team of compassionate, experienced catastrophic injury attorneys is ready to fight for every dollar you and your family may be owed, and leave nothing on the table or up to chance.

We handle every case with the one-on-one care and attention it deserves, and with over 75 combined years of experience as personal injury attorneys, we won’t back down from a courtroom battle if necessary. Contact us for a free consultation and case review, available 24/7.