What Makes an Injury Catastrophic?

While any injury suffered at the hands of a negligent party can be immensely distressing, injuries which result in life-altering debilitation are particularly devastating. Known by many legal professionals as “catastrophic injuries,” these injuries are so severe in nature that they permanently prevent an individual from performing any sort of gainful work.

While there is no strict legal definition which determines what a catastrophic injury is, it generally accepted that a catastrophic injury is one that causes either permanent or long-term disfigurement or disability. In many cases, catastrophic injuries require a lifetime of surgeries and medical treatments and cannot be fully recovered from. Frequently occurring without warning, these injuries can occur under a wide range of circumstances, including car accidents, motorcycle accidents, construction accidents, severe animal attacks, medical malpractice, and accidents involving dangerous or defective products.

Some of the most common types of catastrophic injuries include:

• Spinal cord injuries
• Traumatic brain injuries
• Amputations
• Severe burn injuries
• Vision or hearing loss
• Severe back or neck injuries

Compensation for Long-Term Damages

Most personal injury claims have clearly defined costs associated with them. For example, if a person suffers a broken arm in a car accident, they will incur certain measurable costs for their medical treatments, lost wages, and other out-of-pocket expenses. Once these costs are added up, a multiplier of 1 through 5 will be applied to determine an appropriate amount of pain and suffering.

On the flipside, catastrophic injuries have ongoing, open-ended costs which can be far more difficult to associate with a specific dollar amount. In these cases, compensation is based on the severity of a person’s “residual injuries,” or any type of injury which cannot be fully recovered from. Generally speaking, the more serious the injury, the higher compensation they are entitled to receive.

Suffered a Catastrophic Injury?

At Cohn & Swartzon, P.C., our Orange County personal injury lawyers have been fighting to protect the rights of catastrophically injured individuals and their families for more than 30 years and have recovered more than $50 million dollars on our clients’ behalf. If you or a loved one has been left permanently injured due to another party’s carelessness, our powerful advocates can protect your rights and maximize your chances of securing every penny’s worth of your entitled compensation.

Call (888) 480-3883 or fill out an online form today to get started towards pursing justice. 

Pedestrian Accidents and Pokémon Go

Whether it is your friends, siblings, kids, or coworkers, chances are that you know someone who plays Pokémon Go. The new mobile game has gained massive popularity among kids and adults alike, quickly becoming one of the most downloaded applications around the nation. Alongside its growing fan base, the game has also garnered serious criticisms amid numerous reports of accidents involving drivers and pedestrians. Many, including law enforcement, medical professionals, and concerned parents, assert that the game constitutes a dangerous distraction which opens up the public to the risk of serious injury.

What Makes Pokémon Go Especially Problematic?

Mobile games and smartphones are nothing new, so why has Pokémon Go become the center of such controversy? This is the question that many people are asking and the answer may lie within how players are meant to control their in-game avatar. In Pokémon Go, unlike with most games, in order to control characters in-game, players must physically move around within the real world. The game uses a phone’s GPS in conjunction with google maps data to actively track a player’s location and movement. The more a player moves, the more they are rewarded.

While specifically created to be used while walking, some users have sought to shortcut the system and play the game while driving. As the game typically absorbs a player’s attention completely, Pokémon Go related accidents resulted almost immediately after the games release. In fact, a quick google search will bring up reports of accidents from all over the world caused by drivers who veered off course hitting pedestrians, parked cars, and roadside objects such as trees.

In response to these criticisms, the game’s developers, Niantic, have implemented several features in an attempt to dissuade users from playing while it is unsafe to do so. For example, each time a player logs in, they must acknowledge that they will pay attention to their surroundings and will not play while driving. Additionally, several main features of the game shut down if it registers that a player is moving too fast. Despite numerous counter measures by Niantic, reports continue to surface of accidents caused by distracted Pokémon Go players.

Pedestrians Injured by Distracted Drivers

When a person chooses to play Pokémon Go while driving, they put the lives of others at risk. While pedestrians must be aware of their surroundings, the speed and inertia of a motor vehicle may be impossible to avoid when piloted by a distracted driver. If you or a loved one has fallen victim to the reckless actions of a Pokémon Go player, our firm wants to hear your story.

At Cohn & Swartzon, P.C., we have substantial experience helping victims to recover damages from medical costs, missed work, physical pain, and mental anguish. If you have questions, talk to our Orange County personal injury attorneys about your accident in a FREE consultation.

Call (888) 480-3883 and learn about which legal options may be available to you.

What If I Had a Car Accident and Have No Insurance?

When a person is involved in a car accident, a lot of things can happen. Bills accumulate, insurance negotiations commence, and several legal conversations are needed. While dealing with a car accident for an insured person is a relatively simple procedure, things can become much more complicated if a person gets into an accident while driving without insurance.

Since California is a tort state and does not follow the “no-fault” insurance system, the liable driver in the event of an accident is responsible to pay for any losses that the other driver may incur as a result of the damage out of their own pocket. If you are deemed liable and are unable to pay the other driver, they will likely seek compensation by filing an uninsured motorist claim with their own insurance company. Later on down the line, the insurance company will likely sue you to recover the losses it incurred to pay its own policyholder. This is known as subrogation.

In addition, getting in an accident without insurance will likely result in a license suspension of up to four years, vehicle impoundment, fines up to $500, or some other form of legal punishment. All states require drivers to have a minimum level of car insurance coverage in order to maintain a driver’s license.

What if the Accident Was Not My Fault?

If you are injured in an accident caused by another driver and you do not have insurance, you may be able to recover losses related to your property damage, medical expenses, and lost wages by filing a third-party personal injury claim against the responsible driver. Your eligible recovery should equal your identifiable, calculated losses.

Pursuing non-economic damages related to pain and suffering is a different story. California is one of several states with a “no pay, no play” law in effect regarding uninsured drivers, meaning that uninsured and drunken drivers are barred from collecting compensation for non-economic damages in the event that they are injured in a car accident according to the Property and Casualty Insurers Association of America (PCI). Basically, if you do not have insurance, you are ineligible to pursue non-economic or punitive damages for your suffering – no matter how egregious the other driver’s actions may have been at the time of your collision.

Contact Cohn & Swartzon, P.C. Today – Call (888) 480-3883

If you or a loved one have been injured in a car accident that you believe was not your fault, a skilled Orange County car accident attorney from Cohn & Swartzon, P.C. can protect your interests and help you pursue maximum compensation for your injuries. Having recovered more than $50 million in verdicts and settlements on behalf of our clients, we can provide the hard-hitting advocacy you need to vastly improve your chances of securing a desirable outcome for your situation.

To get started, request an initial consultation or contact us online today!

If you have suffered injury from the negligence of another individual, Cohn & Swartzon, P.C. can help you recover the compensation you need. This experienced team of Orange County personal injury attorneys handle a variety of personal injury claims with a special emphasis on car accidents.  If you've suffered an injury through no fault of your own, hire an experienced Orange County personal injury lawyer who will be able to seek compensation on your behalf.  Contact the firm today for a free initial consultation!

Contact Cohn & Swartzon, P.C.

1851 E First St Suite 1250
Santa Ana, CA 92705
888-480-3883
http://www.legalhelp123.com/

Areas of Practice

*Personal Injury
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