A catastrophic injury isn’t something you recover from in a matter of weeks or months. They usually involve permanent physical limitations, long-term medical treatment, and a complete shift in your ability to work, live independently, or support your household.
If someone else’s negligence caused your injury, you may have the legal right to file a personal injury claim, but you can expect resistance from the insurance company due to the higher damages involved. At Harris Velázquez Gibbens, we’ve represented thousands of injury victims whose lives have been permanently altered. The personal injury attorneys at our law firm are prepared to take action, protect your interests, and help you pursue the financial recovery you’ll need for the years ahead.
Why Hire Us for Your Catastrophic Injury Claim
Catastrophic injury claims involve long-term medical needs, higher financial losses, and permanent changes to your quality of life. At Harris Velázquez Gibbens, we approach these cases with the dedication and sensitivity they deserve, but we’re tough when we have to be. We have a wealth of knowledge about these difficult claims, having stood up to many insurance giants and big corporations in pursuit of justice.
- We Account for the Full Scope of Medical and Life Care Needs: Treatment for catastrophic injuries can involve multiple surgeries, extended hospital stays, and long-term care. Our personal injury law firm works closely with medical providers and life care planners to project future treatment costs.
- We Build Your Case With Strong Documentation and Expert Input: These cases must be supported by clear, persuasive evidence. We collect medical expenses, accident reports, vocational assessments, and testimony from physicians, occupational therapists, and financial experts. We present every piece of evidence in a way that supports both liability and the full value of your losses.
- We Assess and Quantify Long-Term Economic Losses: Serious injuries can reduce or eliminate your ability to earn a living. Our personal injury lawyers evaluate how your injuries affect your current and future employment, calculate lifetime earning losses, and include the cost of necessary accommodations or retraining where applicable.
- We Anticipate Common Insurance Tactics: Insurance carriers are quick to challenge high-value claims. They may dispute medical causation, undervalue your damages, or suggest your condition existed before the injury. We respond to their insurance defense lawyers with credible documentation and expert review.
- We Handle All Case-Related Communication and Deadlines: Managing medical appointments, physical limitations, and insurance inquiries can be too much after a serious injury. We take over all legal correspondence, claims processing, and litigation steps so you don’t have to manage those responsibilities while trying to recover.
- We’re Prepared to Litigate When Negotiation Fails: Not every personal injury claim settles through negotiation. Our personal injury attorneys have years of litigation experience, so if the insurer refuses to make a fair offer, we’re ready to go to court and seek a successful verdict.
What Qualifies as a Catastrophic Injury?
A catastrophic injury results in long-term or permanent impairment. These injuries usually affect the brain, spinal cord, or major body systems and lead to loss of mobility, cognitive impairment, or physical disfigurement. In legal terms, the injury must be severe enough to disrupt your ability to work, live independently, or care for yourself without assistance.
Common examples of catastrophic injuries include traumatic brain injuries (TBI), spinal cord damage resulting in partial or total paralysis, amputation of limbs, severe burn injuries, and permanent vision or hearing loss. Other injuries may also qualify if they need lifelong care or prevent you from performing essential daily tasks.
Common Causes of Catastrophic Injuries
Catastrophic injuries can happen in a variety of situations. Below are some of the most common scenarios our personal injury lawyers have encountered.
- Motor Vehicle Accidents: High-speed crashes, rollovers, and collisions involving commercial trucks frequently lead to serious injuries. Victims may suffer traumatic brain injuries, spinal cord damage, or multiple fractures, but auto insurance providers still rarely make a fair settlement offer without pressure.
- Pedestrian and Bicycle Accidents: When drivers fail to yield or ignore traffic laws, pedestrians and cyclists face a high risk of permanent injury. Common outcomes include paralysis, brain trauma, or orthopedic injuries that need long-term rehabilitation or surgery.
- Falls From Heights: Falls from ladders, scaffolding, rooftops, or unguarded ledges can cause spinal injuries, broken bones, and severe head trauma. These premises liability incidents tend to occur on construction sites or poorly maintained properties where fall protection is lacking.
- Slips and Falls: When a property owner doesn’t make their premises safe for visitors, conditions like melted snow, unmopped spills, and bunched carpeting can lead to catastrophic slip and fall injuries.
- Defective Products: Malfunctioning airbags, unstable machinery, and dangerous medications can lead to serious burn or crush injuries or wrongful death. Product liability claims may arise when manufacturers fail to warn users or take steps to eliminate hazards.
- Workplace Incidents Involving Third Parties: While some injuries are covered by workers’ compensation, additional claims may be available if a third party, such as a subcontractor, equipment supplier, or delivery driver, contributed to the incident. These cases call for a thorough investigation to identify all responsible parties.
Common Challenges in Catastrophic Injury Cases
Catastrophic injury claims require more than proof that you were hurt. You must also show how the injury will affect your life long term. To get the fair settlement you need, you have to present strong evidence that shows the extent of your damages and connects them directly to the accident.
- Showing Medical Impact: While medical records describe the diagnosis and initial treatment, they don’t always capture what you’ll need in the future. If you require ongoing therapy, surgical revisions, or assistive care, that information must be supported by medical opinions and care planning documents. Without this detail, the insurance company may argue that your condition will improve over time or that future costs are speculative.
- Proving Lost Wages and Earning Ability: If you can’t return to your job or need to change careers, the insurance company may claim that your skills are transferable or that work is still available. To respond, your personal injury attorney may need to include wage documentation, employment history, and analysis from a vocational consultant.
Don’t be surprised if the insurance company looks for ways to shift responsibility. They may claim that you contributed to the accident or that a pre-existing condition explains your current limitations. A well-prepared attorney can help prevent these issues from taking over or derailing the lawsuit process.
What Compensation Can You Recover?
If you’ve suffered a catastrophic injury due to a careless driver, negligent property owner, or other liable party, the law allows you to seek damages for a wide range of losses. They include but may not be limited to:
- Medical Bills: Expenses related to medical attention make up a large portion of most claims. This includes emergency medical treatment, hospital stays, surgeries, medication, physical therapy, occupational therapy, and future care needs.
- Loss of Income: If you can’t work during your recovery or if your injuries prevent you from returning to your previous job, your claim can include both past wages and projected future earnings. These projections need to be supported by financial analysis and employment records to show how your career was disrupted.
- Pain and Suffering: This includes physical pain, mental distress, loss of mobility, and changes to your quality of life. If the injury affects your ability to enjoy daily activities, spend time with family, or maintain relationships, that loss should be reflected in your claim. In severe cases, your personal injury attorney may also pursue damages for permanent disability or disfigurement.
- Wrongful Death Damages: If a catastrophic injury results in death, your family may pursue compensation for funeral expenses, burial costs, loss of consortium, antemortem medical bills, and other damages that reflect the full extent of their loss.
In Oregon, punitive damages may also be available in civil suits when you can prove that the defendant acted with malice or exhibited “reckless and outrageous indifference to a highly unreasonable risk of harm.” These damages serve to punish egregious conduct that goes beyond ordinary negligence. It is important to note, however, that under Oregon law, 70% of any punitive award goes to the state, with 30% allocated to the plaintiff (including attorney fees within that share).
How an Attorney Can Help Build Your Case
Suffering a catastrophic injury through no fault of your own is hard enough without having to worry about claim deadlines, stubborn adjusters, and complicated documentation. A personal injury attorney can handle these responsibilities on your behalf, making sure your case progresses while you get the medical attention you need.
- Full Case Investigation: Your attorney will collect evidence directly related to the incident. This includes police reports, witness statements, surveillance footage, accident reconstruction data, and any available documentation that helps establish how the injury occurred and who is legally responsible.
- Collecting Medical Evidence: A strong case begins with detailed medical documentation. Your attorney will obtain hospital records, surgical reports, imaging results, rehabilitation plans, and statements from treating physicians. This information helps demonstrate the severity of your injuries and the type of care you’ll need going forward.
- Identifying Future Needs: Catastrophic injuries may involve long-term or permanent limitations. Your attorney may consult with medical providers, physical therapists, and life care planners to estimate future treatment, home care, medical equipment, and housing modifications. These projections are critical to ensure that your compensation reflects the full scope of your future expenses.
- Documenting Lost Income: If your injury prevents you from returning to your job or reduces your ability to work in the future, your attorney will document your wage loss. This part of the claims process may involve gathering employment records, pay history, and tax returns, and working with financial professionals to calculate the difference between your pre-injury income and what you can realistically earn now.
- Dealing With Insurers and Opposing Counsel: Your attorney will respond to all communications from insurance adjusters, opposing attorneys, and any third-party investigators involved in the case. This includes handling document requests, filing claim forms, submitting medical evidence, and responding to settlement offers.
- Preparing the Case for Trial: If the insurer refuses to make a reasonable offer, your attorney will prepare for litigation. That includes organizing exhibits, drafting legal briefs, preparing witness testimony, and presenting your case in court.
Did You Suffer a Catastrophic Injury in Oregon?
A catastrophic injury brings lasting consequences that affect every part of your life: your health, your career, and your ability to plan for the future. These are not claims you can afford to handle on your own. You need an experienced lawyer who will fight for your legal right to full and fair compensation.
At Harris Velázquez Gibbens, we know what’s at stake for you and your family, and we build your claim with that knowledge in mind. We have a strong track record of excellent results for clients who have suffered life-changing injuries, and will fight for the compensation you need to rebuild your life. For more information about our legal services or to schedule a free consultation, call 503-610-4398 or contact our law office online today.
