What Is a Catastrophic Injury Under Arkansas Law?
Catastrophic injuries are life-altering injuries. Although Arkansas law does not define “catastrophic injury” in statute, the term has a recognized practical meaning. A catastrophic injury is an exceptionally severe one that can cause long-term or permanent impairment. Catastrophically injured victims often need future medical care.
Arkansas statutes do define related concepts such as a “serious physical injury,” including an injury that creates a substantial risk of death or causes protracted disfigurement, impairment of health, or loss or impairment of a bodily function. If you or your loved one suffered a serious physical injury in an accident caused by negligence, a Little Rock catastrophic injury lawyer can help you navigate the claims process.
How is a Catastrophic Injury Defined in Arkansas?
Catastrophic injury, as used in personal injury claims, is a colloquial term that personal injury lawyers use to describe an extremely serious injury. Catastrophic injuries generally carry a risk of long-term or permanent physical or mental impairment. They can also limit an injured victim’s ability to work or even function independently.
While Arkansas statutes may not use the term catastrophic injury, they do provide some guidance. State law defines a “serious physical injury” as one that creates a substantial risk of death or causes protracted disfigurement, protracted impairment of health, or the loss or protracted impairment of a bodily member or organ (Ark. Code Ann. § 5-1-102(21)). To be clear, this definition does not establish a separate damages category called a “catastrophic injury” in an Arkansas personal injury case. Still, it reflects the severe, lasting harm the term implies.
The classification matters for damages. A catastrophic injury can create decades of medical expenses, rehabilitation costs, diminished earning capacity, pain and suffering, and permanent limitations on daily life. Arkansas law treats permanent injury and loss of earning capacity as distinct elements of damages, and proof of a permanent injury can support a claim for diminished future earning capacity.
What are the Most Common Catastrophic Injuries in Little Rock
Catastrophic injuries can happen in many different ways in Little Rock. Car crashes, truck accidents, falls, and even medical malpractice are all relatively common causes of catastrophic injuries. Some of the most common examples of these injuries include:
- Traumatic Brain Injuries: TBIs are not always severe. Still, they can be catastrophic and even completely debilitating. Among other things, a severe TBI can cause permanent problems with memory, concentration, speech, personality, judgment, and mobility. A TBI could be so severe that a person needs lifelong care and may not be able to work.
- Spinal Cord Damage: Spinal cord injuries are often catastrophic. Any trauma to the spinal cord can be life-altering. It can cause partial or complete paralysis, loss of sensation, chronic pain, and impaired bowel, bladder, respiratory, or sexual function.
- Amputations: Losing an arm, leg, hand, foot, or other body part permanently changes physical function. It is a traumatic injury, and victims often need extensive physical and psychological rehabilitation services.
- Severe Burns: Major burns can cause permanent scarring, disfigurement, nerve damage, restricted movement, chronic pain, and psychological trauma. For the most severe burns, treatment may continue for many years after the accident.
- Organ Damage: Serious trauma can permanently impair the lungs, kidneys, vision, hearing, peripheral nerves, or other vital bodily functions. A person who suffered organ damage in a serious accident may be left with a permanent impairment.
The diagnosis alone does not determine whether an injury is catastrophic. The more important issues are whether the injury is expected to be permanent, any functional impairment, the future treatment needs, the victim’s ability to work, and the degree to which the accident disrupted activities of daily living.
FAQs: Catastrophic Injuries in Arkansas
How much compensation can I get for a catastrophic injury?
It depends. Arkansas does not have a standard settlement amount for a catastrophic injury claim. An injured victim can seek compensation for the full extent of their actual economic and non-economic losses, including medical bills, rehabilitative care, lost wages, diminished earning power, pain and suffering, and long-term disability. Don’t agree to settle your case for less: An experienced Little Rock personal injury lawyer can help you seek maximum compensation.
What is the statute of limitations for a catastrophic injury claim?
Arkansas generally gives an injured victim three years to file a personal injury lawsuit (Ark. Code Ann. § 16-56-105). That deadline applies to most personal injury claims. However, different deadlines can apply to certain claims, including, for example, medical malpractice cases and cases against the federal government. You don’t want to miss your chance to bring a claim for compensation. A proactive approach is best: Contact a Little Rock personal injury lawyer right away.
Should I settle my catastrophic injury case?
It depends. Many catastrophic injury claims are resolved through a settlement instead of a verdict. Still, you don’t want to settle for less. A settlement should properly reflect the value of your damages, including both your current losses and the injury’s likely long-term consequences. Defendants and insurers generally settle for full value only when they believe the victim has a strong, well-supported legal claim. A Little Rock catastrophic accident lawyer can help you seek the maximum compensation.
Contact Our Little Rock Catastrophic Injury Attorney Today
At Reed Firm, our Little Rock catastrophic injury lawyer is a strong, aggressive advocate for justice. If you or your loved one suffered a catastrophic injury in an accident, we are standing by, ready to help you fight for the maximum available financial compensation. Call us at 501-777-7333 or contact us online to schedule your free, confidential case review. From our Little Rock office, we handle catastrophic injury claims throughout Arkansas.