In Massachusetts, catastrophic injuries are those that leave victims with permanent impairments and significantly affect many aspects of their lives. This could include their ability to work, their mobility, and even their independence. Catastrophic injuries generally require immediate and ongoing medical treatment and support.
If you or a loved one suffered a catastrophic injury due to someone else’s negligence, you may have a case against the at-fault party. A Massachusetts personal injury lawyer from our team can help you understand your rights.
How Do Massachusetts Catastrophic Injuries Affect Victims and their Families?
When someone suffers a severe injury, it can affect their ability to work, manage daily activities, and maintain their personal relationships in the same ways they could before. Catastrophic injuries require extensive, specialized medical treatment, inpatient rehabilitation, and future care and support.
These injuries often prevent the victims from returning to their previous jobs, activities, and lifestyles. It can greatly affect their quality of life, role in the home, and relationships with family members. Those in the household may also experience increased stress and new financial burdens.
How Does Massachusetts Law Define Catastrophic Injuries?
According to Mass. Gen. Laws Ch. 258C § 1, a catastrophic injury could include:
- Spinal cord injuries, especially those with paralysis, loss of mobility, or loss of sensation
- The loss of a limb or extremity, which often requires prosthetics and extensive rehabilitation
- Traumatic brain injuries (TBI), many of which cause cognitive impairments, emotional difficulties, and physical disabilities
- Second- or third-degree burns that cover a significant portion of the body, leading to disfigurement, amputations, and psychological trauma
- Total or functional loss of vision or hearing
- Severe communication, sensory, or motor disturbances
- Other injuries causing permanent impairment
How Do You Get Compensation for a Catastrophic Injury?
That depends on how the accident occurred. In Massachusetts, there are laws that govern when and where an accident victim can recover compensation. Some of these laws apply to all personal injury cases, while others are only relevant in certain types of cases.
For example, Massachusetts follows a no-fault car accident insurance system. Under this system, you can recover compensation from your own insurer no matter who caused the crash, and you must prove that you suffered a serious or catastrophic injury if you want to step outside the no-fault system and file a lawsuit against the at-fault driver.
Under Mass. Gen. Laws Ch. 231 § 6D, you can only recover damages for pain and suffering after a motor vehicle accident if you experience one or more of the following:
- At least $2,000 in reasonable medical expenses
- Permanent and serious disfigurement
- Broken bones
- Loss of sight or hearing
- Loss of a loved one
If you have catastrophic injuries, you are likely to meet this criteria and be able to hold the at-fault driver responsible. A Massachusetts car accident lawyer from our firm can guide you through this process while you heal and continue your rehabilitation.
Treatment for Catastrophic Injuries in Massachusetts
Catastrophic accident injuries require high-level care and support, including immediate, life-saving treatment, surgery, extended hospitalization, and rehabilitation. The American College of Surgeons designates hospitals as Level I, II, or III based on their ability to handle traumatic injuries. Level I centers provide the highest level of care, including comprehensive treatment for all injuries and surgeons and specialists available 24/7.
According to the Massachusetts Department of Public Health, there are eight designated Level I trauma facilities for adults in Massachusetts. They are:
- Baystate Medical Center in Springfield
- UMass Memorial Medical Center/University Campus in Worcester
- Beth Israel Deaconess Medical Center, West Campus in Boston
- Boston Medical Center Menino Pavilion in Boston
- Brigham and Women’s Hospital in Boston
- Lahey Hospital and Medical Center in Burlington
- Massachusetts General Hospital in Boston
- Tufts Medical Center in Boston
Getting the right care as soon as possible is critical in improving survival rates and functional outcomes for victims with severe injuries. When an accident victim has catastrophic injuries, they are often taken to the nearest trauma center via ambulance or medevac helicopter or transferred from another hospital.
What Should I Do if a Loved One Suffered Catastrophic Injuries in an Accident?
When you are living with severe injuries and permanent impairments, there are many expenses and losses your family incurs as a result. This includes medical care, home and vehicle modifications, accessibility tools, travel for therapies, and much more. You also suffer intangible losses, such as missing out on your favorite activities, enduring pain and suffering, and living with new disabilities.
When possible, recovering compensation for your injuries, expenses, and losses is the best way to protect your health and financial future. A payout ensures you can get the care and support you need to live the best quality of life possible. You do not want to leave this up to chance.
Working with an attorney allows you to develop a convincing case to hold the at-fault party accountable and seek maximum compensation based on your case facts. When our legal team takes over your case, we can:
- Assess your case and determine your rights and options
- Answer your questions about our services and approach
- Represent you on a contingency-fee basis without upfront fees
- Investigate your case and gather evidence to support your claim
- Document your current and future recoverable damages
- Demand fair compensation from the liable party’s insurance company
- Negotiate a fair settlement or litigate the case when necessary
Discuss Your Catastrophic Injuries with Our Team for Free
If you or a loved one suffered a catastrophic injury in Massachusetts, GED Lawyers wants to review your case for free. Since 1995, we have helped many clients recover fair compensation for their injuries. We will assess your case and discuss how a Massachusetts personal injury lawyer from our team can help. Call us today for your free consultation.
