Catastrophic injuries often leave victims and their families with overwhelming physical, emotional, and financial difficulties. These injuries have long-term, often permanent, consequences. Victims may be left unable to work, perform daily tasks, or enjoy life as they once did. When negligence leads to an accident that results in catastrophic injuries, the victims may file personal injury claims to seek financial compensation for medical bills, lost wages, and other related expenses.
If you or a loved one has suffered a catastrophic injury in Las Vegas, consider seeking guidance from a knowledgeable Las Vegas catastrophic injury attorney. At the Cottle Firm, our dedicated personal injury lawyers can help you understand your legal rights and fight for the financial compensation you and your family deserve for the injuries you’ve suffered. Contact us today at 702-722-6111 to discuss your catastrophic injury claim in a free consultation.
What Is a Catastrophic Injury?
A catastrophic injury is any injury that severely impacts a person’s physical or cognitive abilities, typically for a long period or permanently. These injuries often require extensive medical treatment, rehabilitation, and long-term care. Unlike minor injuries that allow victims to return to normal life eventually, catastrophic injuries can have life-altering effects.
Each state has its legal definition of a catastrophic injury. Nevada Revised Statute 616A.077 defines a catastrophic injury as any injury suffered in an accident that results in any of the following conditions:
- Total loss of sight or hearing
- Amputation of an arm or leg
- Paralysis of the legs, arms, or both resulting from head or spinal injuries
- Severe cognitive impairment from a head injury
- Major burns covering over 50% of the body
- Significant loss of speech
- Being in a coma or vegetative state
- Damage to vital organs
- Crushing or amputation of extremities
- Any other injury agreed upon by the insurer or determined catastrophic under Nevada law.
Common Types of Catastrophic Injuries
Catastrophic injuries can take many forms, but some of the most common ones include:
Traumatic Brain Injuries (TBIs)
These injuries occur when the brain is damaged by an external force, resulting in issues with memory, cognition, and motor functions. TBIs are most commonly caused by car accidents, falls, or sports injuries.
Spinal Cord Injuries
Damage to the spinal cord can cause partial or total paralysis, which drastically affects the victim’s mobility. Spinal cord injuries often lead to permanent disabilities that require lifelong care.
Severe Burn Injuries
Burns that penetrate the skin or affect large areas of the body can lead to permanent disfigurement and severe pain. These injuries often have long-term physical and psychological consequences.
Amputations
Losing a limb can severely affect a person’s ability to work and perform daily tasks. Amputations also often carry a profound emotional toll on victims.
Organ Damage
Catastrophic accidents can damage internal organs, leading to life-threatening complications and long-term health issues.
Multiple Fractures
While broken bones can heal, multiple fractures that require surgical intervention or result in complications can have long-lasting effects on mobility and quality of life.
These catastrophic injuries don’t just affect the victim physically. They can drastically alter their ability to earn a living, maintain relationships, and live independently.
Causes of Catastrophic Injuries in Las Vegas
Various types of accidents can result in catastrophic injuries. Here are some of the most common causes seen by our Las Vegas catastrophic injury lawyers.
Motor Vehicle Accidents
Motor vehicle accidents are one of the leading causes of catastrophic injuries in Las Vegas. High-speed collisions, drunk driving, distracted driving, and reckless driving can result in devastating injuries. When negligence or reckless driving leads to a catastrophic injury, the victim has the right to seek compensation from the at-fault driver or their insurance company.
Workplace Accidents
Certain industries carry a higher risk of workplace accidents, such as construction and manufacturing. Catastrophic injuries on the job may occur due to falls from heights, equipment malfunctions, or being struck by heavy machinery. In Nevada, workers’ compensation laws provide benefits for injured workers. However, in cases of severe negligence, additional legal actions may be available to obtain full compensation.
Slip and Fall Accidents
Slip and fall accidents can also lead to catastrophic injuries, especially in busy public spaces like casinos, hotels, and shopping centers in Las Vegas. Wet floors, uneven surfaces, and poorly maintained walkways can cause people to fall and suffer injuries like TBIs, spinal cord damage, or broken bones. When property owners fail to address hazards and ensure a safe environment for visitors, they may be held liable for any catastrophic injuries that occur on their premises.
Medical Malpractice
Medical malpractice can result in catastrophic injuries with lifelong consequences for patients. Surgical errors, misdiagnoses, medication mistakes, or anesthesia errors can result in brain damage, paralysis, or even death. Victims of medical malpractice may seek compensation for medical bills, loss of income, and suffering caused by negligent healthcare professionals.
Defective Products
Defective or dangerous products are another major cause of catastrophic injuries. Common examples include malfunctioning vehicles or vehicle parts, faulty medical devices, hazardous toys, or defective household appliances. When a product is improperly designed, manufactured, or lacks sufficient safety warnings, it can result in severe injuries. Victims of defective product injuries can pursue legal action against the manufacturer, distributor, or retailer responsible for placing the dangerous product on the market.
Acts of Violence
Acts of violence, such as shootings, assaults, and domestic violence, can lead to catastrophic injuries. Victims of violent crimes may suffer from gunshot wounds, severe head trauma, or permanent disfigurement. Depending on the circumstances of the case, both the perpetrator and negligent third parties (such as property owners who fail to provide adequate security) could potentially be held liable for the injuries suffered.
The Long-Term Consequences of Catastrophic Injuries
Victims of catastrophic injuries often face long-term consequences that affect their physical, emotional, and financial well-being.
Medical Consequences
In addition to the immediate medical attention required after the accident, catastrophic injuries often require ongoing medical treatment. Victims may need to go through surgeries, physical therapy, and rehabilitation as they recover. For example, someone with a spinal cord injury may require lifelong care, including the use of medical devices like wheelchairs and ventilators. The cost of medical care can quickly add up, and even with insurance, many victims find themselves overwhelmed by the financial burden.
Emotional and Psychological Impact
Catastrophic injury victims frequently suffer from depression, anxiety, and post-traumatic stress disorder (PTSD) as they cope with the fallout of their injuries. The loss of independence or the ability to engage in previously enjoyed activities can also lead to feelings of isolation and hopelessness. These emotional struggles often affect family members as well.
Financial Consequences
In addition to medical bills, catastrophic injuries often result in the loss of earning capacity. Victims may be unable to return to their previous jobs or work at all, which can lead to a significant or total loss of income. Families may need to make costly modifications to their homes, such as adding ramps or stairlifts to accommodate the victim’s new needs.
Legal Rights of Catastrophic Injury Victims in Nevada
If you have suffered a catastrophic injury due to someone else’s negligence, you have the right to seek compensation under Nevada’s personal injury laws. Understanding your rights is the first step toward ensuring you receive the financial support you need for your recovery.
Nevada’s Personal Injury Laws
Nevada law allows victims of injuries caused by negligence to file personal injury claims to recover damages. In catastrophic injury cases, the statute of limitations is two years from the date of the injury. If you do not file a claim within two years, you risk losing your right to financial compensation. This is why it is crucial to speak with an experienced catastrophic injury lawyer as soon as possible if you believe your injury may have been caused by negligence.
Comparative Negligence in Nevada
Nevada follows a comparative negligence system, meaning if the victim is found partially at fault for the accident, their compensation may be reduced by their percentage of fault. For example, if you were found 20% at fault for a car accident, your compensation would be reduced by 20%. According to Nevada Revised Statute 41.141, you can still seek financial compensation as long as your percentage of fault is less than 50%.
Types of Compensation Available
Victims of catastrophic injuries can seek compensation for all damages that have resulted from their injuries, including:
- Medical Expenses: This includes both past and future medical costs related to the injury, such as surgeries, hospital stays, medications, and rehabilitation.
- Lost Wages and Loss of Earning Capacity: If your injury prevents you from returning to work or reduces your ability to earn an income, you can seek compensation for lost wages and future earning potential.
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by the injury.
- Loss of Consortium: Spouses and family members may seek compensation for the loss of companionship and support caused by the injury.
How a Catastrophic Injury Attorney Can Help
Filing a personal injury claim for a catastrophic injury can be complicated, and it’s generally best to seek legal guidance from a personal injury lawyer with experience in similar cases. Here’s how a Las Vegas catastrophic injury lawyer can help.
Investigating the Accident
Your attorney will gather evidence to support your claim, such as police reports, medical records, witness statements, and expert opinions. In complex cases, attorneys may work with accident reconstruction experts to determine exactly what happened and who is at fault.
Determining Liability
Catastrophic injury cases often involve multiple parties who may share liability, such as drivers, employers, property owners, or product manufacturers. Your attorney will determine who is responsible and help you take legal action to hold them accountable.
Calculating Damages
An attorney will calculate the full extent of your damages to determine how much compensation to seek, taking into account both current and future medical expenses, lost wages, and non-economic damages like pain and suffering.
Negotiating with Insurance Companies
Insurance companies often try to minimize payouts, especially in catastrophic injury cases where the financial stakes are high. They may offer low settlements or attempt to shift blame onto the victim. Your attorney will handle all communications with the insurance companies, fighting for a fair settlement that reflects the true value of your losses.
Filing a Catastrophic Injury Lawsuit in Nevada
Many catastrophic injury claims end with a settlement. However, if the insurance company refuses to offer a fair settlement, your attorney can file a lawsuit and take your case to court. This process typically involves the following steps:
- Filing a Complaint: Personal injury lawsuits begin by filing a formal complaint with the court. This document outlines the legal basis for the lawsuit, the facts of the case, the damages being sought, and the evidence supporting the plaintiff’s claims.
- Discovery: The process of exchanging information and evidence related to the case. Each party has the opportunity to gather facts and build their arguments by investigating the claims made by the other side.
- Mediation or Settlement Conferences: Before the case goes to trial, there may be an opportunity to resolve the dispute through mediation or a settlement conference. In these stages, both sides come together to negotiate a resolution with the help of a neutral third party.
- Trial: If mediation or settlement negotiations fail, the case will proceed to trial. This process can be time-consuming and complex, but it’s where your attorney will use all of the evidence gathered during discovery to prove the defendant’s liability and show the full extent of your injuries and damages.
Discuss Your Claim With a Las Vegas Catastrophic Injury Attorney
Catastrophic injuries can have devastating, lifelong consequences. Taking legal action to secure compensation requires experienced legal representation to ensure your rights are protected and your future is secured. If you or a loved one has suffered a catastrophic injury due to someone else’s negligence, don’t wait. Contact the skilled Las Vegas catastrophic injury attorneys of the Cottle Firm at 702-722-6111 to discuss your options and take the first step toward recovering the compensation you deserve.