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Answer Center · Serious Injuries

Serious Injury Questions & Answers

Serious and catastrophic injuries create long-term consequences that extend well beyond the immediate crash. These answers cover what makes an injury catastrophic, brain and spinal cord injury claims, why brain injuries can be hard to document, future care needs, life-care plans, permanent impairment, earning capacity, and the role of experts. General information, not legal advice.

9 questions

01

What is a catastrophic injury?

Direct answer

A catastrophic injury is one that creates long-term or permanent consequences extending well beyond the immediate crash — such as traumatic brain injury, spinal cord injury, amputation, severe burns, or permanent impairment. These matters may need to account for years of future care, lost earning capacity, and the human cost of a life rearranged around a permanent limitation.

More detail

Catastrophic injuries differ from injuries that heal in weeks or months. They may require life-care planning, economic projections of future care, vocational evidence of reduced earning capacity, and ongoing accommodation. Because the future needs must be understood before the claim can be fairly valued, these claims often take longer to resolve.

Related practice area

Catastrophic Injuries
02

What is a traumatic brain injury claim?

Direct answer

A traumatic brain injury (TBI) claim seeks compensation for harm to the brain caused by a collision — concussions and more severe brain trauma. These claims can be challenging because some brain injuries are not immediately obvious on early imaging, so medical evidence and neuropsychological testing often play a central role.

More detail

A TBI can affect cognition, memory, mood, and function even when scans appear normal. Provider narratives, neuropsychological evaluation, and statements from family about changes in behavior or ability help document the injury. The long-term consequences can be significant, which is why future care and impact on work are often considered.

Related practice area

Brain Injuries
03

Why can brain injuries be difficult to document?

Direct answer

Because some brain injuries do not appear on standard early imaging. A concussion or mild TBI can produce real cognitive and emotional symptoms even when a CT scan looks normal. Documentation often relies on neuropsychological testing, provider narratives, and accounts from family who observed changes in behavior or ability.

More detail

The invisible nature of many brain injuries means the medical record must capture what imaging cannot — changes in memory, attention, mood, and daily function. Baseline comparisons, if available, help. Statements from family, coworkers, or friends who knew the person before and after the injury can be powerful evidence of the change.

Related practice area

Brain Injuries
04

What is a spinal cord injury claim?

Direct answer

A spinal cord injury claim seeks compensation for damage to the spinal cord — which can include paralysis, reduced sensation, and loss of function. These injuries often require extensive medical care, rehabilitation, accessibility modifications, and long-term support, so future care needs and reduced earning capacity are central considerations.

More detail

The severity of a spinal cord injury depends on the location and completeness of the damage. Claims may account for surgery, rehabilitation, assistive equipment, home and vehicle modifications, ongoing care, and the impact on work and daily life. Because these needs extend over a lifetime, life-care planning and economic projections are often involved.

Related practice area

Spinal Cord Injuries
05

How are future care needs considered in a serious injury claim?

Direct answer

Future care needs are identified through medical evidence — a treating provider’s opinion about what ongoing treatment, therapy, medication, equipment, or long-term care will be needed — and projected by an economist who estimates what that care will cost over time. Because a settlement is usually final, identifying future needs before resolving the claim is critical.

More detail

A life-care plan may formalize the anticipated needs into a structured document, and an economist projects the costs accounting for inflation and replacement cycles. In a lawsuit, these experts present their opinions. Settling before the future picture is clear risks leaving costs uncovered, which is why serious claims often take longer.

Related resource

Future Medical Expenses
06

What is a life-care plan?

Direct answer

A life-care plan is a structured document, often prepared by a qualified planner, that itemizes the future medical and care needs anticipated over an injured person’s lifetime — future surgery, therapy, medication, equipment, and long-term care. It provides the foundation for projecting the cost of future care in a serious injury claim.

More detail

The plan translates medical opinion about future needs into a documented forecast that an economist can project into dollar figures. In a lawsuit, the life-care planner and economist may present their opinions to the jury. The strength of the plan and the underlying medical evidence largely determine whether future costs are recovered and in what amount.

Related resource

Future Medical Expenses
07

How can permanent impairment affect a claim?

Direct answer

Permanent impairment — lasting limitations on movement, cognition, or function — may be pursued as a category of damages reflecting the long-term consequences of the injury. It is established through medical evidence documenting the lasting limitation and its impact on work and daily life. The more severe and lasting the impairment, the greater its potential effect on the claim.

More detail

Impairment addresses what remains after healing plateaus, distinct from the immediate injury. Medical evaluation, sometimes including impairment ratings, documents the limitation. The impact on earning capacity, daily activities, and quality of life all factor into how impairment is valued. It is most significant in catastrophic and permanent cases.

Related practice area

Permanent Impairment
08

How can an injury affect future earning capacity?

Direct answer

A serious injury may permanently reduce the ability to work or earn at the same level. Reduced earning capacity addresses that long-term loss — the difference between what you likely would have earned and what you now can earn. It usually relies on vocational and economic evidence and is most relevant in catastrophic and permanent impairment cases.

More detail

A vocational expert assesses how the injury limits the work you can do and what comparable positions pay. An economist projects the lost earnings over a career. Because it looks forward, this category is more complex than past lost wages. The evidence must connect the injury to the specific reduction in earning ability.

Related resource

Lost Wages
09

Why are experts sometimes used in catastrophic injury cases?

Direct answer

Because many issues in a serious claim are too specialized to evaluate without qualified opinion — medical causation, future care needs, vocational impact, and economic loss. Medical specialists, life-care planners, vocational experts, and economists translate complex questions into evidence-based answers that an insurer or jury can rely on.

More detail

Experts review the evidence, form opinions, and present them in reports, depositions, and at trial. Their opinions can be decisive in both negotiation and trial. Not every case needs experts, but the more complex the case — disputed causation, future care, reduced earning capacity — the more they matter. This page does not state that any specific firm employs particular experts.

Related resource

Expert Witnesses

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