What Classifies as a Catastrophic Injury?

By Greg Kohn
Partner

Imagine that you and a friend are out riding your bicycles, for old time’s sake. Both you and your friend are doing everything that you should to protect yourselves and be responsible bike riders. Unfortunately, someone comes along in their car and plows right into you and your friend. Your friend is okay and gets up to help you. However, you don’t seem to have any feeling in your legs.

Upon going to the hospital, you find out that you may never be able to walk again due to severe damage to your spine. In New Jersey, such an injury classifies as a catastrophic injury. Such injuries prevent you from returning to normal life because damage to the brain, skull, or spine has affected your mobility or motor skills. Aside from a bike accident, what else classifies as a catastrophic injury in New Jersey, and how can a New Jersey personal injury lawyer help you in this matter?

Car or Truck Accident-Related Injuries

In New Jersey, whether you are at fault, or the other driver is at fault, most insurance companies will cover the claim because it is a no-fault car insurance state. However, if the injuries from the accident are catastrophic, an attorney can help you seek compensation from the driver who caused the accident.  

Slip and Falls

If you happen to slip and fall on the premises of a retail store, at work, on public property, or in a parking lot, and your injuries impair you, this may be considered a catastrophic injury. In these instances, you may file a lawsuit against the establishment for your fall. However, in New Jersey, there is a two-year statute of limitation on such cases. Therefore, you must meet with an attorney and work quickly to recover damages.  

Sport Accidents

Are you suffering from a catastrophic injury because someone intentionally injured you while playing sports? Or was the facility that you were playing a sport at negligent in some way? An attorney will work with you to get proper compensation for your injuries stemming from sports accidents.  

Construction Accidents

Common construction accidents include falls, being struck by something, or being injured by equipment. These accidents may result in catastrophic injury. An attorney will investigate the accident to determine who is at fault or whether engineers’, architects’, or contractors’ negligence played a role, resulting in your injuries.  

Medical Negligence

If you, your child, or a loved one suffers a catastrophic injury due to medical malpractice, a New Jersey personal injury attorney may be able to seek compensation. Medical negligence may include the following:

  • Birth injuries
  • Surgical error
  • Misdiagnosis
  • Improper treatment
  • Errors issuing prescriptions

A catastrophic injury can destroy your livelihood, placing an unexpected financial burden on you and your family. Our law office will help fight for you to get insurance companies to pay for your injuries and your losses stemming from the catastrophic injury. Keep in mind that you should act quickly because many personal injury cases in New Jersey have a statute of limitation of two years. 

Do you feel that you are a victim of catastrophic injury and need help getting the compensation you deserve? Call our law firm today to learn more about your options and discuss your potential case.

About the Author
Greg Kohn is a partner at Nagel Rice and specializes in complex civil litigation cases, including professional malpractice, personal injury, class actions, wrongful death, products liability, and commercial litigation.  He has extensive experience representing clients in both state and federal court. Greg has tried many jury trials to verdict and has recovered over $50 million in settlements and verdicts in all types of personal injury matters including automobile accidents, wrongful death cases, slip and falls, and other catastrophic injury cases. Greg also handles medical malpractice cases, involving misdiagnoses, wrongful birth, and delayed cancer diagnosis. If you have questions regarding this article, you can contact Greg here.