When Does A Slip And Fall Injury Become A Catastrophic Injury?

With respect to a personal injury claim, a ‘slip-and-fall' or ‘trip-and-fall' accident refers to a fall that occurs on another person's property.
A slip and fall accident could be a store, business, public street or sidewalk, private residence, or any other location. Property owners and other individuals responsible for creating a dangerous environment may be held financially accountable for a victim's losses if their inattention creates a fall that results in harm. The seriousness of the injury may also result in permanent impairment.
Personal injury claims are subject to tight statutes of limitations. Consequently, you may want to take measures to secure your rights as soon as possible after a major slip and fall injury. Because consulting with an experienced catastrophic injury attorney prior to filing a claim is highly advised, please visit this website.

What Classifies As A Catastrophic Injury

Compared to more typical personal injury cases, those involving catastrophic injuries warrant a greater financial award. While still falling within the category of personal injuries, is especially relevant in jurisdictions that have instituted strict tort reforms or have no-fault vehicle insurance systems.

A catastrophic injury, from a medical perspective, results in a person's:

- Requiring life-long assistance or special consideration;
- Being permanently handicapped;
- Badly damaged, disfigured, or malformed;
- Totally unable to maintain a lucrative care; and so on.

It stands to reason that victims who have had catastrophic injuries should be awarded higher sums of money to account for their increased suffering and the costs associated with treating their injuries and replacing lost income.

When A Slip And Fall Injury Becomes A Catastrophic Injury: Types Of Injury

A catastrophic injury claim may be filed after any incident that results in severe and lasting injuries. Likewise, even little slips, stumbles, and falls on the slick floors of someone else's home can result in serious injuries. The location of the impact significantly affects the severity of these wounds. Injuries such as concussion, paralysis, and skull fractures can occur if a person falls and lands on their head or neck.

At least it's relatively simple to rule out some types of injuries when considering what does not qualify as a catastrophic personal injury. For instance, a person who slips and falls in a store may break their forearm from attempting to brace themselves. A broken forearm, barring exceptional conditions, is usually thought to recover nicely.

On the other hand, there are certain catastrophic injuries from which a person can never fully recover. While nowhere close to an entire list, these include:
1. Injuries to the brain: A locked-in syndrome, or persistent vegetative state, is a possible outcome of a serious brain injury. Others will become mute, undergo character shifts, or have mental disabilities.
2. Damage to the spinal cord: But even if they make it through the initial trauma, permanent paralysis or even death can result from a spinal cord injury, numbness in the limbs, and a loss of muscle control.
3. Reduced auditory or visual acuity: When a person experiences a disability, such as vision or hearing loss, it may be necessary to make adjustments in their daily life.
4. Amputation: A person's capacity to earn a living, take care of one's family, and move about one's environment can be negatively affected by the loss of a hand, foot, arm, or leg.
5. Traumatic burns: Burn victims endure excruciating mental and physical suffering after their injuries. Many people are permanently disfigured because of traumatic burns.

Making A Negligence Claim After Suffering From A Catastrophic Injury

Most claims for compensation after incidents that cause severe harm are founded on negligence. When slip and fall injury and pain result from the carelessness or recklessness of others, those responsible may have to pay for the damages. The criterion of neglect is the behavior of an average, reasonable person in the same or similar circumstances.

Equally, if you slip and fall at a store because the proprietors didn't fix the uneven carpeting or flooring, clear the ice and snow, or get rid of the spill, they might be held responsible.

If the accident were partially your responsibility but not entirely yours (more than 50%), the court would let you collect damages. The court will lower your award by your percentage of fault, though. To prove that the other party is solely responsible for your catastrophic injury, you’ll need the assistance of a personal injury attorney.

Closing Statement

It can be difficult and uncomfortable, and it takes a long time to recover after a traumatic accident where severe injuries were sustained. You may need help securing financial aid to cover out-of-pocket expenditures while focusing on physical recovery and rebuilding your life after suffering from debilitating injuries like brain damage, spinal cord damage, loss of sight and hearing, amputation, and burns.

Claims for injuries are often time-sensitive, and difficult to prove damages and liability. Legal representation during the claim process may be crucial to obtaining the maximum compensation you are entitled to. 

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Posted - 11/02/2022