
Catastrophic injury could alter your capacity to be employed, live independently, look after your family, or complete your day-to-day activities. Typically, the toughest expenses incurred are not those associated with initial hospitalization but those associated with years of rehabilitation and income loss. A Santa Clarita personal injury lawyer will look at how the injury occurred, which types of insurance are relevant, and what the injury means for your future.
The Law Offices of Adrianos Facchetti helps clients who have been hurt in Santa Clarita or anywhere else in Los Angeles County. The practice of Santa Clarita Catastrophic Injury Lawyer concentrates on developing claims based on future needs, rather than past expenditures.
Suffered a catastrophic injury in Santa Clarita? Request a free consultation and tell us what happened.
Seeking Legal Advice Following an Injury Changing Your Life in Santa Clarita
This advice is for those who have been injured, along with their families after an injury involving the following:
- Life-long or permanent disability
- Treatment lasting months or even years
- Rehabilitation process
- Difficulty handling routine activities independently
- Inability to perform the same kind of work in the future, or any work at all
- Financial hardships caused by the accident
Catastrophic injury cases require more thorough investigation than most cases. In the former, most damages are readily apparent. The latter requires more effort, since most of the biggest damages are still in the future, making insurers more likely to dispute them.
What Is Considered a Catastrophic Injury?
There’s no single legal definition. Generally, an injury is called catastrophic when it causes permanent or long-lasting harm that significantly changes how a person lives or works.
Examples may include:
- Traumatic brain injuries
- Spinal cord injuries
- Paralysis
- Amputations
- Severe burns
- Serious organ damage
- Complex orthopedic injuries, such as crushed joints
- Permanent nerve damage
- Loss of vision or hearing
- Long-term cognitive impairment
- Permanent physical disability
Not every serious injury is catastrophic. A broken arm that heals fully is serious but usually not catastrophic. What matters is how lasting the effects are and how much the injury limits daily life and work.
Accidents That Can Cause Catastrophic Injuries
Santa Clarita has fast freeway traffic on the I-5 and SR-14, busy commuter corridors like Soledad Canyon Road, Bouquet Canyon Road, McBean Parkway, and Magic Mountain Parkway, and steady construction across Valencia, Saugus, Newhall, and Canyon Country. Severe injuries can come from:
- Car accidents, especially high-speed freeway or intersection crashes
- Truck collisions, including big rigs on the I-5 grade
- Motorcycle crashes
- Pedestrian accidents
- Bicycle accidents
- Rideshare accidents
- Construction accidents on residential or commercial sites
- Slip and fall or premises incidents, such as falls from stairs or balconies
- Severe dog attacks
- Defective product incidents
When a severe injury follows a vehicle collision, a Santa Clarita car accident lawyer can examine crash evidence, medical records, and insurance coverage. Commercial vehicle crashes often involve company records and larger policies that a Santa Clarita truck accident lawyer can help identify.
Types of Evidence that Would Be Helpful for a Catastrophic Injury Claim
The value of your case determines how carefully the insurance company reviews it. Types of helpful evidence may include:
- Police report/incident report
- Medical records beginning on the date of the accident and continuing forward
- Imaging evidence such as MRI, CT scan, and X-ray results
- Specialists’ reports
- Photographs and videos of the scene and the injury
- Dash cam footage
- Business surveillance camera footage
- Traffic camera footage
- Body camera footage from the responding police officer, if any
- Witness testimony
- Employment and wage records
- Insurance letters/emails
- Reconstruction of the accident, if liability is in question
- Medical expert opinion regarding the long-term effects
- Life-care plan
- Economic/vocational evaluation, if the loss of earning capacity is an issue
What is lost quickly: Business videos will have been recycled within several days. Vehicle data is deleted when the vehicle is repaired or junked. Witness testimony becomes less easy to obtain as time passes, and memories fade.
What families can do right away: Keep a simple diary of symptoms, doctor’s appointments, and activities that the victim can no longer do. Write down the number of hours family members are spending taking care of the victim. The statement from colleagues, friends, or relatives about how the victim was living before the injury can also assist in painting a true picture of their life change.
What Compensation May Be Available After a Catastrophic Injury?
Depending on the facts, a claim may include:
Economic losses
- Emergency medical treatment
- Hospitalization
- Surgery
- Rehabilitation
- Physical or occupational therapy
- Future medical care
- Medical equipment, like wheelchairs or prosthetics
- Home modifications, such as ramps or accessible bathrooms
- In-home assistance
- Lost wages
- Reduced earning capacity
Non-economic losses
- Pain and suffering
- Emotional distress
- Loss of independence
- Reduced quality of life
If the injury was fatal, surviving family members may have a separate claim. A Santa Clarita wrongful death lawyer can explain the claims available to them.
Punitive damages are rare. Under California Civil Code § 3294, they generally require clear and convincing evidence of malice, oppression, or fraud, which is far more than ordinary carelessness.
No specific amount can be promised. Value depends on the injury, the evidence, fault, and available insurance.
Why Future Medical Care and Lost Earning Capacity Matter
In a catastrophic case, future losses are often larger than past ones. Leaving them out, or estimating them loosely, can leave a family short for years.
A few practical points:
- Losses continue for years. A spinal cord injury may require ongoing care for the rest of a person’s life.
- Future treatment needs to be documented. If doctors expect additional surgeries, therapy, or medication, that should be in the records, not just mentioned in conversation.
- Equipment has recurring costs. Wheelchairs, prosthetics, and other devices often need repair or replacement over time.
- Earning capacity is different from lost wages. Lost wages are what you’ve already missed. Earning capacity looks at what you likely would have earned over your career compared to what you can earn now.
- Outside analysis may be needed. Depending on the case, a life-care planner, vocational specialist, or economist may help put a reliable number on future losses.
Timing also matters. Doctors often can’t say whether a condition is permanent until treatment has progressed. Settling before that point can mean accepting a number that doesn’t cover what’s coming.
How a recovery is received can matter too. If the injured person relies on needs-based public benefits like Medi-Cal, tools such as structured settlements or special needs trusts may help protect those benefits, depending on the situation.
Insurance Issues in Catastrophic Injury Cases
Insurance companies are often very scrutinizing about claims that involve large amounts of money. Some of the things they may do include the following:
- Doubt liability in the case;
- Question the necessity of certain treatments;
- Question the cost of care in the future;
- Question how the injury impacts your earnings;
- Ask you to make an early recorded statement;
- Make an offer of settlement before the full picture emerges;
Another important matter is that the limits of the insurance policy of the party responsible for causing your injuries may not be sufficient to cover all the costs of your life-long care; therefore, it is advisable to look into other ways of obtaining compensation, such as an additional responsible party and/or underinsured motorist insurance coverage.
California Deadlines for Catastrophic Injury Claims
Many California personal injury lawsuits generally must be filed within two years under California Code of Civil Procedure § 335.1. Exceptions can apply.
Different rules may apply when:
- A public entity may be responsible, such as a government vehicle or dangerous public road. A formal claim is generally required within six months under California Government Code § 911.2.
- The injury was fatal, since wrongful death timing generally runs from the date of death.
- The injured person is a minor, which may extend some deadlines.
- The injury or its cause wasn’t discovered right away, depending on the facts.
If a brain injury affects the injured person’s ability to make decisions, a family member may also need legal authority to act on their behalf. Acting early helps protect both the deadline and the evidence.
Free Case Review in Santa Clarita for a Claim of a Catastrophic Injury
It is always helpful to know before a consultation:
- The date when the accident took place
- How the accident took place
- What kind of injuries were diagnosed
- If there will be surgery or rehabilitation
- If there is any police report of the accident
- If there was any contact with insurance companies
The Law Offices of Adrianos Facchetti provide free consultation service 24 hours a day for people who are coping with catastrophic injuries in Santa Clarita. Our office works on a contingency fee basis, meaning that there is no fee up front and no attorney fees unless compensation is obtained. No result is guaranteed, but consultation can help you to understand your rights.
Have questions after a catastrophic injury in Santa Clarita? Call (626) 793-8607 for a free consultation.