Catastrophic Personal Injury FAQs
What is a catastrophic personal injury?
Answer: A catastrophic personal injury is a class of injury where the injuries are severe and may result in long-term, potentially permanent disabilities. Examples would include Spinal Cord Injuries (SCI) that result in permanent paralysis, Traumatic Brain Injury (TBI) that cause diminished cognitive ability, or accidents resulting in amputated limbs, blindness, or organ damage. The cause of the injury may be any type of accident, but the resulting injuries are what elevate the case into the catastrophic class.
What is the difference between a catastrophic personal injury case and a typical personal injury case?
Answer: A catastrophic personal injury case differs from a “typical” personal injury case in that the sustained injuries are more severe creating a level of complexity not usually present in a typical personal injury case. In a less complex personal injury case, there are usually defined costs for the harmed party to obtain a “full” recovery, return to employment, and continued enjoyment of life. While I’m not diminishing the effort required to recover from any personal injury, the cost, or the fact that “full” recovery may not mean “100% good as new,” when compared to a catastrophic injury where the injured party may suffer long-term, permanent disability and never recover normal functionality, you can begin to understand the difference in case complexity. Catastrophic personal injury case complexity can be seen in several areas including: quantifying the compensation for current and future medical costs, difficulty of quantifying the life-long impact of the injury, establishing liability, extensive investigation of the accident and resulting medical treatments, establishing the impact of decreased life expectancy, and dealing with an increased level of litigation process (experts, financial analysis, and support graphics/models) and cost.
How long do I have to file a catastrophic personal injury claim in Oregon?
Answer: The simple answer is two years from the date you were injured, however, there are numerous exceptions which can shorten or increase the time frame. These exceptions have to do with filing various notices such as a Dram Shop Notice (if you are suing a party that served liquor to the defendant while visibly intoxicated), or Tort Claim Notice (if you are suing a public entity) which must be filed within 180 days of the incident. On the other hand, there are increased limits for cases involving a fatality, minors under the age of 18, and medical malpractice involving fraud or deceit, to name a few examples. These are a few of the complications that may affect the statute-of-limitations. From a practical point-of-view, it is difficult to take any case where you are backed up against the statute-of-limitations because of the effort required to prepare and file a lawsuit. So even though the time frame may not have expired, it is in your best interest to contact an experienced Lake Oswego Personal Injury Lawyer as soon as possible rather than later to evaluate your case and determine an appropriate course of action based on all of the case facts.
Contact us today for a free, no-obligation consultation and case evaluation. At Mayor Law, LLC, we fight for justice for injury victims of Oregon car accidents, and we fight to win! You pay nothing up front and nothing unless you win your car accident case.