No one understands the true impact of a catastrophic injury until they suffer one.
Severe physical pain. Time spent out of work and away from home. Deep emotional shock over what happened. Sudden and multi-faceted stress on your household.
Naturally, the financial concerns are among the most pressing. Families are often left wondering how they will manage bills, recovery, and long-term needs.
You need the help of a suitably experienced lawyer as soon as possible when you’re in this situation. Call (559) 297-1118, or visit our contact page, to speak with our Fresno catastrophic injury attorney, Tim Mazzela, today.
What Qualifies as a Catastrophic Injury (and What That Means for Your Case)
It’s important to understand that “catastrophic injury” doesn’t have a specific legal definition under California law. Some other states set a “serious injury” threshold for the recovery of certain types of damages in personal injury cases, but not California. Generally, an injury is considered catastrophic if it permanently affects your ability to live and work as you once did.
Common examples of catastrophic injuries include:
- Spinal cord injuries (SCIs)
- Traumatic brain injuries (TBIs)
- Severe burns
- Amputations
- Loss of vision or hearing
- Organ damage or failure
- Paralysis
Even without a formal legal definition, the term matters because catastrophic injury cases demand a different level of preparation and proof.
Each case requires lifetime care planning, detailed insurance analysis, and expert input to capture the full financial picture. Our team brings in experts, such as life-care planners and forensic economists to project future medical needs, lost earning power, and long-term support costs that are difficult to calculate at the start.
To learn more about what your case-building process might look like, call (559) 297-1118 today to schedule a free initial consultation with our Fresno catastrophic injury attorney Tim Mazzela.
Useful Evidence in Catastrophic Injury Cases
Because catastrophic injuries involve extensive medical care, there will usually be a trove of medical records for attorneys in these cases to rely on. However, this isn’t the only useful type of evidence.
We advise families of severely injured patients to keep journals and capture photo or video updates of recovery, which can help establish medical timelines, causation, and baseline function.
Fresno catastrophic injury attorneys also have a key role to play in evidence-gathering from the very beginning. In the days after we start working on a case like this, we’re investigating the accident scene, sending preservation letters, securing custody of equipment or vehicles involved in the accident, and requesting hospital, EMS, or other records before they become inaccessible.
The more complex a case is, the more evidence it will require.
Damages That Reflect Real Life
Catastrophic injuries cause massive financial costs. As well as current and future medical bills, you may also have to contend with:
- Lost income and reduced earning capacity.
- Caregiver costs.
- Home modifications.
- Non-medical costs related to healthcare, such as transportation for appointments.
There are also noneconomic damages (such as physical pain, emotional suffering, and loss of independence) to consider.
When you have a serious accident because of someone else’s negligence, you should be entitled to compensation for all of this. Securing this compensation requires more than the black-and-white analysis of technical evidence; juries and adjusters have to be able to see the human impact of your injuries.
One tool we use in this regard is testimony from before-and-after witnesses, people close to you (including your primary care physician in some cases) who can explain exactly how your injury has changed your life and translate medical findings into day-to-day impact.
Insurance Paths and Recovery Sources
Recovery in catastrophic injury cases usually depends on stacking multiple sources of coverage. Your attorney will start analyzing the options as soon as they begin work on your case; the process is called “coverage mapping.”
Sources of compensation may include:
- Bodily injury limits, commercial and umbrella policies: Every driver in California is required to carry auto liability insurance with minimum bodily injury limits. In catastrophic injury cases, those basic limits are often too low, so we search for additional coverage through commercial policies (if the at-fault party was driving for work or business) or umbrella policies (these provide coverage beyond standard home, auto, or watercraft insurance).
- Trucking endorsements: Commercial trucking companies usually carry higher liability limits than private motorists, often with endorsements specific to freight and interstate commerce. These policies are regulated at both state and federal levels and may provide access to millions in coverage if a catastrophic injury occurs in a truck crash.
- Uninsured/underinsured motorist (UM/UIM) policies: If the driver who caused the crash has insufficient insurance, your own UM/UIM policy can help.
- Health plans, ERISA, and Medi-Cal liens: Health insurance, Medi-Cal, or ERISA-governed employer health plans may pay for treatment while the case is pending. However, these entities may assert liens on your settlement, meaning they have to be repaid from any recovery.
- Workers’ compensation: If a catastrophic injury occurs on the job, workers’ compensation provides medical treatment and partial wage replacement. Workers’ comp does usually include clauses protecting your employer from lawsuits by you in relation to workplace accidents, so you won’t be able to secure compensation from both a personal injury suit and a workers’ comp claim. However, you might be able to sue a third party that contributed to your accident (such as a negligent driver on a public road). This opens the door to noneconomic damages, which workers’ comp doesn’t cover.
California Rules That Change Outcomes
The states can differ significantly when it comes to personal injury laws. Our catastrophic injury attorney knows California’s rules inside out, so he knows all the provisions and deadlines that may end up affecting your case.
These may include:
- Statutes of limitation.
- Six-month notice requirements for public entity claims.
- Comparative fault rules.
- Proposition 51 (allocation of damages).
- Proposition 213 (restrictions for uninsured drivers).
- MICRA (AB 35) (provisions related to medical negligence cases).
How We Work With You
Here’s what you can expect when you reach out to us:
- Free case review: We’ll analyze your case free of charge, and tell you honestly whether you should pursue legal action further.
- Evidence map and preservation: As soon as you engage our services, we’ll launch the case-building process.
- Medical coordination and coverage search: We’ll help make sure you have access to the care you need in the early days of your recovery.
- Regular updates and plain-English explanations: Catastrophic injury cases tend to have a lot of back-and-forth between the various parties. We’ll be sure you’re always kept up to speed.
- Contingency fees: We don’t take payment from personal injury clients unless we secure a settlement or verdict on their behalf.
Frequently Asked Questions (FAQs)
How long does a catastrophic injury case take in California? Personal injury claims generally vary widely in length. However, because cases involving serious injuries are generally more complex, they go on for much longer than the average dispute. You can expect your case to take at least 6-12 months to settle, sometimes longer.
What if I was partly at fault? California’s comparative fault system allows for recovery even when plaintiffs are partially responsible for accidents. However, your award will be reduced in line with your share of the blame.
How are future care and earnings calculated? Life-care planners and economists project future medical costs, therapies, and lost income across your expected lifetime. Our catastrophic injury lawyer has a network of these experts, and he’ll be able to identify the most suitable consultant to weigh in on your case.
Can my family recover for time spent caregiving? Yes. Documented caregiving time can be valued and may be able to be included in your claim for damages.
What if a public entity caused the accident? If you think your injuries may have been caused by negligence on the part of a public body, you’ll need to file a claim against the body in question within six months. This makes it even more crucial to consult with a catastrophic injury attorney as soon as possible after your accident.
Moving Forward After a Catastrophic Injury in Fresno
No one should have to face the effects of a catastrophic injury alone. Call (559) 297-1118 or visit our contact page to schedule a free case review. Let Tim Mazzela, APC fight on your behalf so that you can focus on healing and rebuilding your life.
