Permanent Harm: Catastrophic Injuries and Wrongful Death
Death and serious injury are always tragic, but when such events are caused by the negligence of another person or company, the results can be catastrophic. Wrongful death and catastrophic injury lawsuits are brought to help victims, surviving dependents, or beneficiaries receive the compensation they deserve, and may also help prevent others from suffering the same harm.
Catastrophic Injury
A catastrophic injury results in an extremely serious and long-lasting medical condition, permanent disability, and sometimes shortened life expectancy. The survivor is often left in severe pain, and their family is left to care for the person as best they can—emotionally, physically, and financially. Catastrophic injury can be caused by trauma to the brain or spinal cord, accidental amputation, severe burns, multiple fractures, or other severe trauma.
Taking care of a person with a catastrophic injury is usually complex and requires the expertise of a team of health professionals including physicians, consultants, nurses, therapists, and counselors. Individuals may partially recover from some catastrophic injuries if they receive proper, early medical treatment.
Wrongful Death
This type of claim is different from a standard negligence legal case. In the early days of the law, at least some historians believe, if someone died as the result of another’s negligence the surviving family members could not bring a claim against the person or company who caused the victim's death. Over the years, states passed "wrongful death statutes" to provide compensation for the survivors. More importantly, these statutes encourage individuals and corporations to act carefully, safely, and prevent future deaths.
In Oregon, a wrongful death case can be filed when someone has been killed as the result of another person's negligence. The surviving dependents or beneficiaries are entitled to monetary compensation, called damages, for some of their losses, subject to certain restrictions set by the Legislature.
Causes of Catastrophic Injury
Catastrophic Injury and Wrongful Death Are Often Caused by:
Case Highlight
In December 2002, a 38-year-old Vancouver, WA woman was sitting in a smokers lounge in the Rose Garden Arena, when she fell over forty feet to the ground, breaking ribs, her pelvis, her arms, and her shoulder blade. A half-wall ended abruptly behind a railing where fans routinely sat. There were no warning signs of the danger. The area was so badly lit that fans couldn't see where the ledge dropped off. The arena's safety committee was told 10 months before the accident it was a matter of not 'if" but "when" someone would fall off one of the terraces.
After that, the arena added prominent red warning signs on other levels that were restricted to people using private suites or for those paying over $100 a ticket, but not on the level used by the general public. An arena safety committee member testified he asked management to install safety fencing, but the request was ignored.
The woman has already had over $1 million in medical expenses, and has an anticipated $2 million in medical expenses in the future. She walks with a cane. She can no longer bear children. She cannot stand to work more than 4 hours a day.
Click to read a guest editorial by the father of the victim
Who Is Responsible?
Determining who is responsible for catastrophic injuries or wrongful deaths can be difficult. There often is one party obviously involved. However, there may be other less obvious parties whose conduct played a role. Because of the severity of the losses in these cases, it is important to identify everyone who is responsible so that complete justice may be done. The Corson & Johnson Law Firm has experience in handling catastrophic injury and wrongful death cases. Our attorneys know how to investigate the facts of a case, learn the identities of responsible parties, and to obtain adequate financial compensation for the injured individual and their family, not only for current needs, but also for future medical and living expenses. If you believe that you or your loved one have been affected by catastrophic injury or wrongful death, contact us here for a free consultation.