Catastrophic is a word with special legal implications in personal injury lawsuits. You may feel an accident where you have sustained serious injury is catastrophic, but it is not always legally defined as such. Specific legislation in certain areas or regions define catastrophic vehicle injuries from accidents. This is determined by provided insurance coverage. Catastrophic determination is very complex, when it comes to the legal definition.
Injuries Must Be Severe
The injuries have to be very severe in order for a catastrophic claim, under this legislation. The labeling of catastrophic injuries can include amputation of a limb, an impairment where you permanently cannot ever use your arm or a leg, being blinded in both eyes, an injury of the brain where the Glasgow Coma scale has a nine or less score or the Glasgow Outcome scale shows only a score of two or three, a whole person impairment of 55 percent or, a mental or behavioral disorder impairment.
Chronic Pain and Psychological Damage Can also be Considered Catastrophic
It could be considered catastrophic, if you have psychological damage or serious chronic pain in some circumstances. These types of injuries have certain conditions set by legislation to define them as catastrophic.
Catastrophic Designation Significantly Affects the Amount of Entitled Benefits
Injuries that are considered catastrophic will increase the amount of accident benefits you are entitled to. That is why it is so important that your case be designated as catastrophic. The attendant care, medical and rehabilitation benefit limits are much higher than a person with non-catastrophic claims. The insurance company will provide you a case manager for assisting with the needs you have as a result of injuries you have. With a catastrophic claim, Attendant Care benefits last longer and are the maximum amount per month.
It is Not Enough to Apply for Catastrophic Designation
Catastrophic designation is not usually just applied for and received, due to the insurance company fighting against the application. Medical evidence is a necessary part of catastrophic designation for support of your claim. Typically, you will have to go through medical assessments. You could use the medical documentation on file as it will sometimes meet catastrophic designation but it is more common that other medical examinations are required.
A Complicated Area of Law
It would be an understatement to say that this particular area of law is very complex and hard to understand. Hiring an experienced personal injury lawyer in Sudbury is essential to your case.