What is Considered a Catastrophic Injury?

Most people who have suffered injuries in an accident that required hospitalization or expensive medical care would likely describe their injuries as "catastrophic." Washington law does not define the term, so attorneys and insurance companies use it for a specific type of long-term or permanent injury that left the victim unable to work or participate in their normal daily activities. Someone who has suffered a catastrophic injury may be eligible to receive compensation from the party liable for their injury to cover both their initial medical treatment and the added expenses they will incur as they try to recover and move on with their lives.

Long-Term or Permanent Damage

Washington state law does not define what constitutes a catastrophic injury, but courts have generally found that they are injuries that result in either long-term or permanent damage or disability. In other words, they disrupt the victim’s ability to perform tasks like caring for themselves, working, or attending to loved ones at least for the foreseeable future. This separates catastrophic injury claims from a typical personal injury claim where the injured person eventually recovers with medical treatment.

Many catastrophic injuries are the result of an automobile accident or workplace injury, but they may also be caused by defective products or unsafe premises. Some common examples of catastrophic injuries are:

• Spinal cord injuries that may have left the victim partially or completely paralyzed
• Traumatic brain injuries that resulted in memory issues or permanent cognitive impairment
• Amputations that impact their ability to work or mobility
• Burns that result in permanent scarring or disfigurement
• Crush injuries that result in nerve damage, organ injuries, or skeletal injuries that can’t be repaired
• Injuries that did not heal correctly and reduced the victim’s ability to work or their mobility

Damages that may be recovered in catastrophic injury cases are typically broken down into economic and non-economic damages. Economic damages include items like lost wages and hospital bills and are usually based on actual expenses plus anticipated future expenses, like ongoing medical treatment and lost future earning potential.

Non-economic damages cover losses that are more difficult to express as a dollar amount. They may include things like pain and suffering, emotional distress, and loss of enjoyment of life. Determining an accident victim’s non-economic damages usually requires an expert’s testimony.

Acting Soon After a Catastrophic Injury

If you believe you or a loved one suffered a catastrophic injury, consulting with a lawyer soon after the injury protects your ability to bring a case at all. Three deadlines and practical problems drive that timing: the general three-year limit, the added procedural steps for cases against a government entity, and evidence that can become harder to obtain as months pass.

Three Years to Bring a Personal Injury Case in Washington

Washington's general deadline for personal injury cases is three years from the date of injury, and the same three-year limit applies to catastrophic injuries. Three years can seem like plenty of time, yet building a catastrophic injury case takes months of medical documentation and expert assessments, which shortens the usable window considerably.

In situations where the injury was not apparent after the accident, which can happen with brain injuries or damage to internal organs, Washington's discovery rule can delay the start of the three-year period until you knew or reasonably should have known about the injury and its cause. You would have the burden of proving those facts, and Washington appellate decisions have applied the rule narrowly in accident cases, so a delayed diagnosis is no guarantee of extra time. For injuries caused by a defective product, the discovery rule is written directly into the statute at RCW 7.72.060.

Added Requirements for Cases Against a City, County, or the State

Cases against a government entity in Washington have to go through a required step before any lawsuit is filed:

• You present a formal tort claim form to the entity's designated agent (RCW 4.96.020 for local governments and RCW 4.92.100 for the state), and the form has to be presented within the same three-year period.
• You then wait 60 calendar days before the lawsuit can be started, and the three-year limit is tolled during that 60-day wait.
• The form has its own content and signature requirements, and an attorney can prepare it correctly the first time.

Evidence That Can Become Harder to Obtain During a Delay

Consulting with an attorney soon after a catastrophic injury also allows the investigation to begin while evidence is still available. A delayed investigation can run into lost records, witnesses who can no longer be located, or an accident site that has changed. In our construction site cases, for example, the work has usually been completed within a few months, which leaves an expert little to assess and the crew already working on other jobs.

Compensation for a Catastrophic Injury Claim

When someone suffers a catastrophic injury, the expenses may be far larger than their medical bills. Compensation for catastrophic injuries should provide compensation over the victim’s lifetime. A case should seek to recover money to help the victim and their family cover expenses like:

• Continuing medical care and therapy
• Loss of future income or reduced future earning potential
• Physical and emotional pain and suffering
• Home care or assistance with daily living

Unlike many states, Washington does not cap damages for personal injuries, which allows victims who have suffered catastrophic injuries to seek compensation that fully covers their expenses. This is a key issue in catastrophic injury cases, where the total damage to the victim can be in the millions. There is also no cap on non-economic damages, which allows victims to seek compensation for things like pain and suffering and emotional distress.

Settling Too Soon Can Be an Expensive Mistake

After a catastrophic injury, an insurance company may offer you a cash settlement in exchange for a release of your right to sue for damages. In our experience those offers tend to arrive while you and your family are still absorbing the injury and the first hospital bills, when an amount that covers the bills already received can appear sufficient.

Costs a Quick Settlement Offer Can Leave Out

In the catastrophic injury cases we have litigated, the hospital bill has been only the first cost. A settlement that covers it can still leave you responsible for:

• Continuing home care or assistance with daily living
• Physical, occupational, or cognitive therapy that continues for years
• Lost earnings and reduced earning capacity
• Adaptive equipment and home modifications

Your Right to Sue Stays Intact Until You Sign a Release

A settlement offer does not shorten Washington's three-year deadline, and you are not required to accept an offer by a date the insurance company picks. Signing a release ends your right to sue, so meeting with an attorney at Freeman Law before you sign lets you compare the offer against the lifetime costs a life care planner and economist project for your injury.

Comparative Negligence in Washington

If you believe your own actions contributed to your injury, you can still recover compensation in Washington. RCW 4.22.005 sets a pure comparative fault rule: any fault assigned to you reduces your damages by that share, and no percentage of fault bars recovery. Most states cut off recovery at 50 or 51 percent fault, which makes Washington's rule one of the more favorable in the country for injured victims.

An Example of How Fault Percentages Reduce a Recovery

1. Two drivers collide, and you suffer a spinal cord injury.
2. The jury assigns the other driver 70 percent of the fault for running a red light and assigns you 30 percent for inattention.
3. Your damages are set at $2,000,000, and your 30 percent share reduces the recovery to $1,400,000.

Fault Arguments Insurance Company Lawyers Raise

Every percentage point assigned to you lowers the payout, so insurance company lawyers argue for the largest share of fault they can support. In the catastrophic injury cases we have tried, that has meant arguments about speed, distraction, visibility, protective gear, or a claimed failure to follow medical advice after the injury. Our attorneys answer those arguments with crash reconstruction, phone records, scene photographs, and witness accounts so the fault percentage reflects what happened.

How Can Freeman Law Help?

The lawyers at Freeman Law are experienced in building a coordinated strategy for catastrophic injury cases. This can include collecting clear documentation showing the extent of the victim’s injuries, seeking out expert analysis, and establishing a client’s long-term medical, emotional, and financial needs. We are also skilled at working with expert witnesses across the state to clearly establish the damage a catastrophic injury has caused to the victim and their families.

Types of Experts We May Call On:

• Medical experts to explain the extent of the injuries and what continuing care may be necessary
• Investigators to identify who is responsible for the injury, whether it be an individual or company
• Life care planners to establish the cost of rehab, in-home support, and adaptive equipment
• Economists to calculate lost income, future healthcare costs, and the impact of inflation
• Vocational experts to explain how the victim’s injuries may impact their career options

Our attorneys are also practiced at documenting how an accident victim’s life has changed following their catastrophic injury so that the compensation awarded is sufficient for both current and future losses.

Additional Questions? Contact Us

If you believe you or someone close to you has suffered a catastrophic injury, you should seek out an attorney specializing in representing clients in catastrophic injury cases, like those at Freeman Law. Our firm represents victims statewide and can provide them and their families with the answers and support they need when dealing with what can be a traumatic situation. Individuals who have suffered catastrophic injuries only have a limited time to bring a claim against the party that caused the injury, so call now to schedule your free consultation.