Catastrophic Injury Lawyer Memphis, TN

Pursuing Recovery After a Catastrophic Injury

As our Memphis, TN catastrophic injury lawyer knows, when a person becomes injured as a result of someone’s negligence, they think that the best thing to do in this situation is to file a personal injury claim. However, it is important to distinguish between a typical personal injury claim and a catastrophic injury claim. If you end up filing the wrong claim you could be leaving money on the table that is critical to helping you pay for recovery. With a catastrophic injury, you may not just be looking at a few years or months of bills. Instead, you could be looking at long-term payments for your treatment or even a lifetime of payments. If you are looking for help for your catastrophic injury claim, reach out to our lawyers at Darrell Castle & Associates, PLLC.  

Catastrophic injuries can occur in many different circumstances. You could get a catastrophic injury from a: 

• Truck or car accident
• Construction site accident
• Pedestrian accident
• Burn accident

Any of these situations could lead you to suffer from injuries that are long-term or are there for the rest of your life. When this is the case, you may quickly find that you are no longer able to enjoy the things you used to love doing.

Our injury attorney can tell you that the difference between a catastrophic injury and a typical personal injury claim will be the severity of the injuries you have suffered from. For example, if you are never able to return to work again, this is a huge indication of the severity of your injuries. Traumatic brain injuries and becoming paraplegic or quadriplegic are also strong indicators of the severity of the accident you were in. 

It is paramount that you and our attorney can distinguish between needing personal injury compensation and catastrophic injury compensation. Because treatment can last a lifetime, you may need ongoing financial support for your injuries. It is also possible to receive non-economic damages for your catastrophic injury. Our lawyer can argue that you are experiencing emotional pain from this trauma as well as a loss of enjoyment of life or a loss of consortium. 

Types of Catastrophic Injuries

A catastrophic injury is one that occurs suddenly and without warning, often leaving the victim with life-altering consequences. While many people immediately associate catastrophic injuries with spinal cord damage that results in paralysis, there are many other types that can have equally profound effects. These injuries can stem from a wide range of causes, and their impacts can vary greatly depending on the severity and nature of the damage.

While paraplegia and quadriplegia are often thought of as typical catastrophic injuries, they are only a small part of the picture. Loss of sight or hearing, for example, is also classified as catastrophic, as is brain injury. Birth injuries, which can leave a child with permanent disabilities, are another example of catastrophic injuries. The defining characteristic of such injuries is their sudden onset—one moment, life is normal, and the next, everything is completely changed.

Receiving a diagnosis of a catastrophic injury can feel overwhelming, but it’s important to remember that your life is not over. Many people live fulfilling lives despite the challenges these injuries bring. While adjusting to a new way of life can be difficult, our specialized personal injury attorney, may be able to help you secure compensation for your medical bills, physical therapy, and the other expenses that come with adapting to life after an injury. There is hope for your future, and legal support can help you take the next steps toward recovery.

While this is not a full list, it is a good list that gives you an idea of what is considered catastrophic.

• Birth injury
• Amputation
• Spinal cord injury
• Loss of hearing or sight
• Eye injury
• Facial injury
• Nerve damage
• Paralysis
• Brain injury
• Neurological damage
• Crush injury

Injuries to the spinal cord are one of the most commonly seen types of catastrophic injury and this is because your spinal cord is not meant to take heavy weight or pressure that a fall or collision presents it with. Auto accidents, falls from heights, and trampoline accidents can cause severe and catastrophic injury to the neck and spinal cord. Oftentimes these injuries are debilitating, leading to paraplegia, quadriplegia, or any variety of paralysis. In addition to the initial physical injury, victims of severe spinal and neck injuries also face a tremendous uphill battle which may leave them emotionally scarred. Victims of this type of catastrophic injury are going to require long-term medical care and physical therapy for most of their life.

Catastrophic injuries can result from a wide range of accidents and incidents, often leaving victims with long-term, life-altering consequences. Below are some of the common causes and types of catastrophic injuries.

Vehicle-Related Accidents

Car accidents, trucking accidents, and motorcycle accidents are some of the most common causes of catastrophic injuries. These accidents often result in severe trauma, including spinal cord injuries, brain injuries, and fractures. Pedestrian accidents and bicycle accidents also fall into this category, as victims can suffer significant harm when struck by vehicles.

Recreational and Sports Accidents

Sports accidents, including those from contact sports like football or high-impact activities like skiing, can result in catastrophic injuries such as concussions or fractures. Additionally, accidents involving recreational vehicles like jet skis or boating can cause significant injury, particularly if proper safety measures aren’t followed.

Workplace and Other Accidents

On-the-job accidents, especially in high-risk industries, can lead to catastrophic injuries, including heavy machinery accidents, falls, and exposure to hazardous materials. Similarly, falls from height, whether at work or in other situations, can cause serious damage, particularly to the spine and head.

Defective Products and Medical Malpractice

Defective products, such as faulty machinery or poorly designed consumer goods, can lead to catastrophic injuries. For example, a defective trampoline or poorly made children’s toys could cause severe injuries. Medical malpractice is another source of catastrophic injury, where mistakes made by healthcare providers result in long-lasting physical harm, such as surgical errors or misdiagnoses.

Other Types of Accidents

In addition to these common causes, catastrophic injuries can also result from fires and explosions, which can cause severe burns and other serious injuries. Violent crime, such as assault or gunshot wounds, can leave lasting physical and emotional scars. Even horseback riding accidents can lead to significant injuries due to the risk of falls and collisions.

Catastrophic injuries can happen in many different scenarios, often changing the victim’s life in an instant. It’s important to know that, no matter the cause of the injury, legal help may be available to guide you through the process of seeking compensation for your medical bills and recovery.

Five Injuries That Are Categorized As Catastrophic

Injuries are not all the same —they come in all shapes and sizes but can be classified into two categories: catastrophic and non-catastrophic injuries. Catastrophic injuries are more severe than non-catastrophic injuries and in order to get the compensation you deserve following such an injury, you will need the help of our lawyer. Take a look at some of the most common injuries that have been known to cause this type of trauma, and then contact our team at Darrell Castle & Associates for help.

Traumatic Brain Injuries

Many people are not aware of the severity and life-altering effects of traumatic brain injuries. TBIs can have a profound impact on someone’s cognitive functioning and quality of life, which is why it is important to seek out the help of our catastrophic injury lawyers if you or a loved one has been diagnosed with this type of injury. Traumatic brain injuries can be caused by any number of incidents; they might happen in car accidents, slip-and-falls, sports injuries, domestic violence assaults or workplace accidents.

Spinal Cord Injuries

Spinal cord injuries can be categorized as catastrophic because they often result in permanent paralysis. Spinal cord injuries can be caused by a variety of accidents such as slip and falls, car accidents, or motorcycle accidents. It is important to hire our personal injury lawyer to help with the process of getting compensation for these injuries.

Burns

Burns happen when the skin is heated to a temperature in which heat injures the tissue. Burns can be classified into three different categories: First-degree burns, second-degree burns, and third degree burns. First-degree burns happen when only the outer layer of skin is burned. Second-degree burns will have blistering and usually involve the second layer of skin. Third degree burns will involve all layers of skin. Third-degree burns can be considered catastrophic depending on the situation. All burns need to be examined on a case-by-case basis.

Amputations

An amputation is an injury to a body part caused by some type of trauma, such as a car accident that led to the loss of a limb. When you lose a limb due to an accident, it is classified as catastrophic — especially if you lost your limb due to negligence such as a drunk driver behind the wheel or due to a workplace accident where safety standards were not up to par.

Vision or Hearing Loss

Some injuries, such as vision and hearing loss, can have a profound impact on your life. For example, if you lose your hearing it may be difficult for you to communicate effectively with others; if you lose your sight it may be difficult for you to drive or read. If this happens to you, then the best thing to do is talk with our catastrophic injury attorney about what your rights might be in this situation. If your hearing loss or vision loss is minimal, you still deserve compensation!

Memphis Catastrophic Injury Lawyer Infographic

Memphis Catastrophic Injury Statistics

Catastrophic injuries are severe, life-altering events that often result in permanent disability or death. These injuries can occur due to various causes, including accidents, falls, and workplace incidents.

🔹 Key Statistics On Catastrophic Injuries

• Traumatic Brain Injuries (TBI): Approximately 500,000 individuals in the U.S. suffer permanent disabilities due to TBIs each year. These injuries can lead to long-term cognitive, physical, and emotional challenges.
• Spinal Cord Injuries: Annually, about 18,000 new cases of spinal cord injuries are reported. Between 255,000 and 390,000 Americans currently live with spinal cord injuries, often requiring extensive medical care and rehabilitation. 
• Severe Burns: Approximately 1,290 individuals are hospitalized each year for extensive burns requiring ventilation and surgery. An additional 9,340 people are admitted with deep burns necessitating prolonged treatment. 
• Workplace Incidents: In 2023, there were 5,283 fatal work injuries recorded in the United States, with transportation incidents accounting for 36.8% of these fatalities.

Memphis Catastrophic Injury FAQs

How Long Do I Have to File a Lawsuit After my Injury?

Each state has different laws regarding the statute of limitations for filing a personal injury claim. In most states, that window is two years from the date of the accident. Once that time has passed, it is generally too late to pursue legal action unless there are extenuating circumstances. Our attorney can explain these laws to you in more detail and help make sure that your claim is filed before the statute of limitations expires.

How Long Does a Catastrophic Injury Case Take to Resolve?

The timeline of a case depends on several factors, such as the type of case, number of parties involved, severity of injuries, and amount of evidence available. Other factors may complicate your case or cause issues, such as if the defense team does not want to cooperate. They may not be willing to arrive at an agreement. Every case is different, but generally clients can expect their case to be resolved within several months or up to a year. However, our lawyer will not be able to provide more information about an estimated timeline until they have gathered the essential evidence and basic information that they need. 

Who Could Be Sued For a Catastrophic Injury?

You can sue the person responsible for causing the accident that led to your catastrophic injury. Catastrophic injuries typically happen because of a person’s reckless or careless actions. For example, a catastrophic injury can happen to a driver who was struck by a drunk driver. If you talk to our lawyer and they find evidence that the drunk driver caused the accident, you may be able to file a claim against them if you are able to submit your claim before the statute of limitations is up. 

What Is a Catastrophic Injury?

According to US law, a catastrophic injury differs from other bodily harm in that it has “direct and proximate consequences.” This specifically relates to the injured party’s ability to work. These injuries often involve damage to the brain or spinal cord, but they can also involve the loss of function in other critical body parts. All catastrophic injuries are considered long-term or permanent.

Simply put, a catastrophic injury is any injury that has a life-changing impact on the victim. These injuries often result in permanent disabilities. They may also prevent the injured person from working for an extended period of time or make it impossible for them to work again. The Centers for Disease Control and Prevention (CDC) defines these injuries as those that result in “death, disability, or long-term health complications.”

Are Deaths Considered Catastrophic Injuries?

Death can sometimes be the result of a catastrophic injury, but they are not the same thing. If your loved one experienced both a catastrophic injury and death, an additional suit of wrongful death can be added to your catastrophic injury case.

Can I Be Fired for Having a Catastrophic Injury?

If the injury was caused by work-related problems, specific laws exist to protect employees and provide compensation, but employers are not obligated to help if you are injured outside of work. Since most employees in the United States are in at-will contracts, your employer likely reserves the right to discontinue employment at any time. Yet if you can prove discrimination, you may have legal recourse. 

What Compensation Can I Expect?

When your injury results not only in extensive medical bills but also loss of gainful employment, getting the compensation you deserve is even more important. Our catastrophic injury attorney works with you to calculate the costs of your total damages, such as medical expenses, the wages you loss while recovering, and lost future earning capacity. You might also receive compensation for pain and suffering, emotional distress, and mental anguish. 

You can be eligible to recover various economic and non-economic damages for your injuries. You will have to produce evidence such as medical records, bills, and income information so that your losses can be calculated accurately. Accident victims are recommended to consult with our lawyer and not attempt to calculate their damages on their own. There may be some damages left out, and mistakes can cause you to receive a lower compensation amount for your case.

What Are Common Causes of Catastrophic Injury?

In addition to motor vehicle accidents and burns, some of the most common catastrophic injuries occur in preventable circumstances. Defective products, serious animal bites, falling, and assault all result in hundreds of injuries each year, many of them serious or life-threatening. 

Who Is Liable in Catastrophic Injury Cases?

The person or party who caused the accident that resulted in your catastrophic injury may be held liable for your damages. For instance, if a negligent driver hit your vehicle and caused your catastrophic injury, he or she may be held responsible for your losses. In many cases, it’s obvious who is responsible for an injury. In cases of motor vehicle crashes or faulty products, for example, it’s apparent that someone should have taken steps to prevent an accident and can therefore be held liable. However, sometimes the victim may share some responsibility. In these situations, compensation may be reduced, but if the injurer is not completely free of fault, they may still be liable and therefore responsible for some damages.

Are Catastrophic Injuries Always Accidents?

Most injuries are the result of accidents, but some are caused by negligence, and some are even willful. If you suspect malice or harmful disregard might be at play, it’s key to discuss this with our lawyer so the guilty party can be pressed to the fullest extent of the law.

Injury laws can be complicated, but our personal injury lawyer has the answers you need. When you’re dealing with all the stress of a long-term injury, having the right lawyer on your side allows you to focus on what’s most important.

What Are the Long-term Effects of Catastrophic Injuries?

Depending on the type of catastrophic injury you sustain, the effects can last a long time. People who suffer catastrophic injuries may have permanent disabilities, require assistive devices and accommodations, have trouble gaining employment, or sustain permanent scarring or disfigurement.

Is a Catastrophic Injury Claim Different Than a Typical Personal Injury Claim?

Yes. Since a catastrophic injury is much more severe than a typical personal injury, there will be greater investigation required and it will take longer to settle. It may be difficult to assess your medical needs initially and your treatment plan may take longer to enact. The settlement amount offered should also be much greater when the injuries suffered are catastrophic. 

How Much Is My Catastrophic Injury Case Worth?

The value of your catastrophic injury case will depend on multiple factors, such as the severity of your injury, medical bills, lost wages, pain and suffering and loss of earning capacity. If the defendant showed blatant disregard for the safety of others, your case may be worth even more.

Memphis Catastrophic Injury Glossary

When working with our Memphis, TN catastrophic injury lawyer, it’s helpful to understand certain terms that often come up in these cases. Our firm focuses on cases that involve long-term or permanent injury, and we want our clients to feel informed and confident every step of the way. Below are five specific terms frequently used in catastrophic injury cases, each explained in clear and practical terms.

Spinal Cord Trauma

Spinal cord trauma refers to any damage to the spinal cord that disrupts communication between the brain and body. This type of injury often results from vehicle crashes, falls from height, or industrial accidents. The consequences can include partial or full paralysis, such as paraplegia or quadriplegia, depending on the injury location. Treatment usually involves emergency care, surgeries, and long-term rehabilitation, often continuing for the rest of the injured person’s life. In these cases, the level of function lost and the anticipated duration of care become central issues in building a claim.

Permanent Disability

Permanent disability is a medical condition in which a person loses the ability to perform daily functions or work-related tasks on a long-term basis. This is a defining feature of catastrophic injury cases. Whether the impairment is physical—such as limb loss or paralysis—or cognitive—like impaired memory or judgment after a brain injury—it often requires an independent medical evaluation and supporting documentation to demonstrate its severity. In legal terms, a disability is considered “permanent” when there’s no reasonable expectation of full recovery, even with continued treatment.

Loss Of Earning Capacity

Loss of earning capacity refers to a person’s reduced ability to earn money in the future due to an injury. It’s different from lost wages, which reflect actual time missed at work. In catastrophic injury cases, someone may never return to their previous job or might be forced to take a lower-paying position because of physical or cognitive limitations. Vocational specialists and economists are often used to estimate this long-term financial impact, making this a major component of many claims. These figures help explain how the injury affects the person’s financial future, not just their present.

Traumatic Brain Injury

A traumatic brain injury (TBI) is a disruption in normal brain function caused by an external force, such as a blow to the head or a sudden jolt in a car crash. TBIs range from mild concussions to severe brain damage resulting in permanent cognitive or physical impairments. Symptoms may include memory loss, mood changes, speech problems, or difficulty concentrating. Even a “mild” TBI can significantly affect someone’s quality of life. These cases often require advanced medical imaging, neurological evaluations, and long-term monitoring to document the ongoing effects.

Long-Term Medical Care

Long-term medical care includes treatments and services required over an extended period due to the permanent nature of a catastrophic injury. This might involve routine doctor visits, physical therapy, in-home assistance, and adaptive equipment such as wheelchairs or prosthetics. It can also cover future surgeries, mental health services, and assistive technologies. Legal claims often use projected care plans developed by healthcare providers to calculate future needs. Proper documentation is key to demonstrating how these ongoing costs will impact the injured person and their family for years to come.

If you or someone close to you is facing the long-term effects of a life-altering injury, we’re here to help. Reach out to our team today to discuss how we can support your case.

Darrell Castle & Associates, Memphis Catastrophic Injury Lawyer

5050 Poplar Ave., Suite 1600 Memphis, TN

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Contact Our Memphis Catastrophic Injury Lawyer Today

Dealing with the legal aspects surrounding catastrophic injuries in Tennessee can be overwhelming, especially when dealing with the physical and emotional toll of such injuries. To protect your rights and pursue the compensation you deserve, it is vital to consult with our experienced Memphis catastrophic injury lawyers. We can provide you with the guidance and support you need to build a strong case and advocate on your behalf.

In Tennessee, the laws related to catastrophic injuries are designed to provide recourse for individuals and their families who have suffered life-altering injuries due to the negligence of others. Understanding these laws and seeking legal representation are essential steps in the pursuit of fair compensation and justice. If you or a loved one has experienced a catastrophic injury, don’t hesitate to reach out to our law firm to protect your rights. Your future well-being may depend on it.

If you need legal guidance and support for your catastrophic injury case, contact us today. Our experienced team is dedicated to helping individuals and families understand Tennessee’s catastrophic injury laws and pursue the compensation they deserve. Your path to recovery begins with us. Call now to schedule a free consultation.