Personal injury awards for catastrophic injuries

Posted on October 4, 2024

Catastrophic injuries, by their nature, have life-altering consequences. These injuries often result in permanent disability, severe physical or cognitive impairment, as well as having a significant impact on the victim's quality of life.

At Pearson Solicitors we work with many clients who through no fault of their own have suffered a life-changing injury, whether at work, an accident in a public place, a road traffic accident, or other injuries. When such incidents occur due to someone else's negligence, the law provides a means for the injured party to seek compensation.

Personal Injury compensation awards aim to cover the vast array of damages sustained, including medical expenses, loss of earnings, pain and suffering, as well as the emotional and psychological toll a serious injury leads to.

What are Catastrophic Injuries?

Solicitor and Head of Personal Injury, Mike Talbot, explains what serious and catastrophic injuries are, and what determines compensation.

Catastrophic injuries are those that result in long-term or permanent disabilities, fundamentally altering a person's ability to function. Examples include:

Spinal Cord Injuries: Leading to partial or complete paralysis.
Traumatic Brain Injuries (TBI): Causing cognitive impairments, memory loss, and personality changes.
Amputations: Resulting in the loss of limbs and requiring lifelong care and prosthetics.
Severe Burns: Causing extensive scarring, disfigurement, and nerve damage.
Organ Damage: Leading to chronic health issues or organ transplant needs.

Such injuries not only impose physical limitations but also have extensive psychological and financial implications for the victim and their family.

Compensation for Catastrophic Injury

Personal injury awards for catastrophic injuries are typically substantial due to the severity and long-term impact of the injuries.

The amount received by the victim will depend on several factors, these include the age of the victim, as younger victims may receive higher awards to account for a longer period of lost earnings and care needs.

The extent to which the injury has impacted the victim's daily life, ability to work, and relationships will also play a factor in the final compensation award. Finally, the degree of the defendant's negligence and any contributory negligence by the victim can affect the final compensation amount.

“In most catastrophic injury cases I deal with the compensation award is a much needed aid in helping the victim’s recovery process,” said Mike.

“When securing adequate compensation for catastrophic injuries we have to navigate the complexities of the legal process, gather evidence, consult with medical experts and negotiate settlements. In cases where settlements cannot be reached we will also represent the victim in court and liaise with specialist barristers if and when necessary.”

“The more severe and life-altering the injury, the higher the compensation is likely to be,” he added.

The compensation is usually divided into several key categories:

Medical expenses: This includes immediate medical treatment and ongoing care, such as surgeries, rehabilitation, and home modifications. For catastrophic injuries, future medical costs can be significant, as the victim may require lifelong care.
Specialist Equipment: Costs for necessary medical equipment, such as wheelchairs, prosthetics, or adapted vehicles, and any changes to the home environment are also covered.
Loss of Earnings: Compensation for the income lost due to the inability to work following the injury.
Loss of Future Earnings: Given the permanent nature of catastrophic injuries victims are often unable to return to work, or may only be able to work in a reduced capacity. Compensation includes the projected loss of future earnings, potential career trajectory, and life expectancy.
Pain and Suffering: this is for the physical pain and emotional suffering caused by the injury. It is often one of the most challenging components to quantify, as it involves subjective assessments of the injury's impact on the victim's life and often other medical experts are consulted.
Reduced Quality of Life: Catastrophic injuries often deprive victims of the ability to enjoy life as they did before the injury. Compensation may be awarded for the loss of hobbies, sports, or other activities that the victim can no longer participate in.
Cost of Care: If the victim requires assistance with daily activities, compensation may include the cost of hiring caregivers, or compensating family members who provide care.
Punitive Damages: In cases where the defendant's actions were particularly reckless, the court may award punitive damages to punish the defendant and deter similar conduct in the future.

Catastrophic Injury Settlements

Personal injury awards for catastrophic injuries are essential for providing the financial support necessary to cope with the life-altering consequences of such injuries. These awards are designed to address the extensive medical needs, loss of earnings, and profound impact on the victim's quality of life.

“We are experienced in working with the families of those who have suffered catastrophic injury and while no amount of money can fully restore what has been lost, these awards offer a measure of justice and security for those whose lives have been irreversibly changed,” said Mike.

How can we help?

For support and legal advice on personal injury claims contact our experienced Catastrophic Injury Lawyers on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.