A catastrophic injury changes the course of a person’s life. The medical bills pile up quickly, the ability to work may disappear, and the emotional weight on the injured person and their family can be overwhelming. Understanding what damages you may be entitled to recover is an important part of moving forward.
What Qualifies as a Catastrophic Injury
The term “catastrophic” generally refers to an injury that produces permanent disability, disfigurement, or a long-term loss of function. These are not minor sprains or bruises that heal in weeks. They are injuries that reshape daily life. Common examples include traumatic brain injuries, spinal cord damage resulting in paralysis, severe burns, amputations, and significant organ damage.
According to the Centers for Disease Control and Prevention, traumatic brain injuries alone account for hundreds of thousands of hospitalizations each year in the United States, and many of those patients face lifelong consequences.
Economic Damages
Economic damages cover the financial losses tied to the injury. These are the costs that can typically be added up using bills, receipts, pay stubs, and expert projections. In a serious case, these numbers grow quickly.
A St. Paul catastrophic injury lawyer will often work with medical professionals, life care planners, and economists to calculate the full scope of these losses, both past and future.
Common economic damages include:
- Past and future medical expenses, including surgeries, hospital stays, prescription medication, and rehabilitation
- Long-term care costs, such as in-home nursing, assisted living, or skilled nursing facilities
- Assistive devices and home modifications, including wheelchairs, prosthetics, ramps, and accessible vehicles
- Lost wages from time missed at work during recovery
- Loss of future earning capacity when the injury prevents returning to a prior career
- Out-of-pocket costs related to travel for medical appointments and treatment
Why Future Costs Matter
In a catastrophic case, the costs do not stop when the lawsuit ends. A person with a spinal cord injury may need decades of medical care. Accurately projecting those costs is one of the most important parts of building the claim. Skip this step, and the recovery may run out long before the medical needs do.
Non-Economic Damages
Non-economic damages address losses that cannot be measured in monetary terms. They are real, but harder to quantify. These damages recognize that money alone cannot undo what happened, but it can acknowledge the human toll.
Categories of non-economic damages often include:
- Physical pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life and the activities you once loved
- Disfigurement or permanent scarring
- Loss of consortium, which compensates a spouse for the impact on the marital relationship
These damages are often the subject of significant disagreement between injured parties and insurance companies. A thorough presentation of medical evidence, personal testimony, and expert opinion makes a meaningful difference.
Punitive Damages in Minnesota
Punitive damages are not available in every case. Under Minnesota law, they may be awarded only when there is clear and convincing evidence that the defendant acted with deliberate disregard for the rights or safety of others. They are intended to punish the wrongdoer rather than to compensate the victim. Drunk driving cases and certain instances of gross negligence are examples where punitive damages may be considered.
How Damages Are Proven
Building a claim takes documentation and time. Medical records, employment history, expert testimony, and day-in-the-life evidence all help paint the full picture. The attorneys at Bennerotte & Associates, P.A. work to gather and present this evidence in a way that reflects the true cost of the injury.
Insurance carriers are not in the business of voluntarily paying full value. They will scrutinize every claim. That is why preparation matters from the very beginning.
Moving Forward With Your Claim
No two catastrophic injury cases are the same. The damages available depend on the facts, the evidence, and the law. If you or someone you love has suffered a serious injury, speaking with a St. Paul catastrophic injury lawyer can help clarify your options and protect your rights during a difficult time. Reach out to our office to discuss the specifics of your situation.
