Catastrophic injuries change lives in an instant. A severe accident can leave victims unable to work, care for themselves, or live as they once did. These injuries often involve the spine, brain, or limbs—each carrying lifelong consequences. In New Jersey, victims of catastrophic injuries have the right to pursue full and fair compensation, but doing so requires understanding the scope of their losses and the laws that apply.
What Qualifies as a Catastrophic Injury?
A catastrophic injury is one that results in permanent disability or long-term impairment. These injuries typically require ongoing medical care, rehabilitation, and lifestyle adjustments. Common examples include:
The physical damage is only part of the story. Catastrophic injuries often create psychological and financial strain for victims and their families.
The Lifetime Cost of Catastrophic Injuries
Medical care for these injuries can extend for decades. According to data from the National Spinal Cord Injury Statistical Center, the lifetime cost for a spinal cord injury can exceed $2 million, depending on severity and age at the time of injury. Similarly, victims of traumatic brain injuries may require lifelong therapy, assisted living, or home modifications.
Expenses may include:
Beyond financial losses, catastrophic injury victims often experience emotional distress, loss of independence, and changes to their quality of life.
How Compensation Works in New Jersey
New Jersey’s personal injury laws allow victims to recover both economic and non-economic damages.
In some cases, punitive damages may also apply if the injury resulted from reckless or intentional conduct.
Because catastrophic injuries often involve complex medical and financial calculations, expert testimony is essential. Economists, medical specialists, and life care planners can project lifetime costs and help ensure fair compensation.
The Role of Insurance
Insurance companies frequently attempt to minimize payouts in catastrophic injury cases. They may dispute the extent of the injury, question long-term care needs, or suggest partial fault on the victim’s part.
New Jersey follows a modified comparative negligence rule, which means victims can still recover damages as long as they are not more than 50% responsible for the accident. However, their recovery will be reduced by their percentage of fault.
This makes accurate documentation and strong legal representation crucial.
Proving Liability
To recover compensation, victims must show that another party’s negligence caused their injuries. Examples include:
Evidence such as witness testimony, medical records, and expert analysis can help establish negligence.
The Importance of Legal Representation
Catastrophic injury claims require more than medical documentation. They demand a detailed understanding of New Jersey law, long-term financial planning, and negotiation with aggressive insurers.
An experienced attorney can:
Victims and families should never face these challenges alone.
Gregg A. Wisotsky, Esq., a partner at Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, has decades of experience representing catastrophic injury victims across New Jersey. His team fights for the compensation clients need to rebuild their lives with dignity and security.
For a free consultation, call 973-898-0161 today.