HAWAII CATASTROPHIC INJURY ATTORNEYS

SECURING YOUR QUALITY OF LIFE AFTER A SERIOUS INJURY

Accidents and the injuries they cause are often unexpected and can result in devastating losses. The field of personal injury law exists to help victims recover when their accidents are caused by another’s carelessness.

When an accident claims the life of your loved one, for example, you are entitled to file a wrongful death lawsuit against the negligent party. Similarly, any injury that takes away your ability to work is considered catastrophic and can thus lead to a catastrophic injury lawsuit.

At Davis Levin Livingston, we are well-equipped to handle catastrophic injury cases and dedicated to pursuing justice on your behalf. To find out if your injury merits a claim, explore this page and call (808) 740-0633 with any questions. 

What Is a Catastrophic Injury?

A catastrophic injury is one defined as leading to injuries that will prevent a person from performing gainful work on a permanent basis. Most of the time, these are injuries that occur suddenly, such as accidents. Most often, the individual will suffer from the accident for the rest of their life. 

They are serious incidents, often requiring surgery and long-term treatment. In some cases, even rehabilitation is limitedly available. And, the cost of care for such incidents tends to be very high because of the long-term effects of the incident.

The consequences of a catastrophic injury will prevent you from working, or otherwise enjoying your life as it was before the accident. According to U.S. Code Title 42, Section 3796b, catastrophic injury means “consequences of an injury that permanently prevent an individual from performing any gainful work.”

Types of Catastrophic Injuries

There are many types of catastrophic injuries that can occur. And, there is no limit to what type of incident can lead to this level of loss. However, a few examples of personal injuries include:

Examples of catastrophic injuries include:

• Amputations – The loss of limbs due to trauma or surgical necessity.
• Burn injuries – Severe burns that damage skin, muscles, or organs, often requiring extensive medical treatment and rehabilitation.
• Severe fractures or broken bones – Complicated breaks that may take a long time to heal, especially those involving multiple bones or critical areas.
• Sensory injuries – Loss or impairment of senses, such as vision loss or hearing loss.
• Organ damage – Serious damage to internal organs, which can lead to long-term health issues or require transplants.
• Spinal cord injuries – Damage to the spinal cord, which can result in paralysis or partial loss of mobility and sensation.
• Traumatic brain injuries (TBIs) – Brain injuries that can lead to memory loss, impaired cognition, personality changes, or motor skill problems.
• Cognitive injuries – Brain damage affecting memory, concentration, or the ability to perform daily tasks.
• Bone fractures – Generally incidents involving multiple or hard-to-heal conditions
• Exposure to chemicals that are hazardous – Injuries caused by exposure to toxic or dangerous substances, potentially causing long-term health problems.

Any of the above injuries can change not only your life but the lives of your loved ones. Help ensure your family has the resources to take care of you by filing a catastrophic injury lawsuit with our firm.

What Situations Cause Catastrophic Injuries?

Like any accident, catastrophic injuries can happen anywhere. Many people sustain these types of injuries during car accidents, but you can also be hurt in the following situations:

• Slip and fall accidents
• Work-related accidents on construction sites or at factories
• Recreational accidents on motorcycles or in kayaks
• Instances of medical malpractice
• Injuries sustained at birth

Long-Term Effects of Catastrophic Injuries

The long-term effects of catastrophic injuries can be life-altering, affecting both the physical and psychological well-being of the injured individual. These injuries often result in permanent disabilities, ongoing medical needs, and significant changes in lifestyle.

Common long-term effects of catastrophic injuries include:

• Physical Disabilities – Catastrophic injuries often lead to permanent physical disabilities, such as paralysis or the loss of limb function. Individuals may experience reduced mobility and independence, relying on assistive devices like wheelchairs or prosthetics. Chronic pain is also common, requiring ongoing management and rehabilitation.
• Cognitive and Psychological Effects – Brain injuries can cause lasting cognitive impairments, such as memory loss, difficulty concentrating, or impaired decision-making. Emotional challenges, including depression, anxiety, and PTSD, often accompany catastrophic injuries. These injuries may also lead to significant personality changes, impacting relationships and daily functioning.
• Loss of Independence – Severe injuries can reduce a person's ability to perform daily activities, leading to a reliance on caregivers for tasks such as bathing, dressing, or eating. Mobility limitations may require the use of assistive devices, making independent living difficult. This loss of independence can have a profound emotional and social impact.
• Ongoing Medical Needs – Catastrophic injuries typically require long-term medical care, including surgeries, physical therapy, and rehabilitation. Assistive devices, such as prosthetics or mobility aids, are often needed to regain function. The need for continuous treatment and medical attention can extend for years or even a lifetime.
• Financial and Employment Consequences – Many individuals with catastrophic injuries are unable to return to work, resulting in a loss of income and career disruption. Medical expenses for ongoing treatments, surgeries, and rehabilitation can accumulate, creating significant financial strain. This financial burden may impact the injured person’s ability to support themselves and their family.
• Social and Relational Impact – Living with a catastrophic injury can strain relationships with family, friends, and caregivers due to the emotional and physical demands of the situation. The injured person may also experience isolation as they withdraw from social activities and face challenges in maintaining connections. Emotional support becomes crucial to helping them cope with these relational changes.

CATASTROPHIC INJURY LAWSUITS AND SETTLEMENTS: WHAT CAN YOU CLAIM?

Like all types of personal injury claims, proving negligence is the first step. If that occurs, you can then claim any losses you’ve experienced as a result of the incident. However, there are some claim and compensation caps or limits you should know about. 

What’s important to know first, though, is that catastrophic incidents tend to require a significantly higher level of compensation. A simple claim filed with an insurance company is not advisable in any such situation. Working with your personal injury attorney in Honolulu is critical here.

Here are a few specific rules you need to know:

• In Hawaii, individuals have two years from the date of the incident to file a claim for compensation.
• Hawaii uses a comparative negligence rule. This means the claim can be reduced if you are found to have any percentage of responsibility for the loss assigned to you by the court.
• Hawaii is a no-fault state. This means that if you are in an auto accident, your insurance company pays for your losses. However, in severe losses like this, you may have the right to seek compensation beyond the caps your insurer places.
• In the state, non-economic damages are capped at $375,000 in any type of medical malpractice case. There are some exemptions to this. This accounts for pain and suffering claims.

Damages for Catastrophic Injury Claims in Hawaii

The truth is, no amount of money will undo your accident or make your injury go away. That being said, catastrophic injuries come with financial realities that need to be addressed.

During the course of your lawsuit, you may be awarded damages. These are financial contributions from the wrongdoer that help compensate you for the consequences of your injury. While non-economic damages, like those for pain and suffering, are capped at $375,000 in Hawaii, economic damages can cover the full cost of cover future expenses like:

• Full-time caretaking
• Admission to an assisted living facility
• Any other medical or rehabilitative care you may need
• Special assistive devices
• Lost wages
• Lost earning potential

Secure your future by calling (808) 740-0633 today.

Why Did This Happen to Me?

Bad things happen to good people all the time. If you have a convincing catastrophic injury case, it’s because someone else caused your accident. Without this person’s negligence, you would not be in the situation you are in now.

In addition to helping you move forward financially, filing a catastrophic injury lawsuit can give you a sense of justice. Knowing that the person who hurt you understands the gravity of their actions and is facing tangible consequences can go a long way for your peace of mind.

During your case, our attorneys will help you prove the “duty of care” of the person who harmed you and show how their acts or omissions violated that duty, thus compromising your everyday life.

What happened to you isn’t fair, but taking advantage of the legal system can help restore some justice to the world.

Help Is a Phone Call Away

While life may feel overwhelming right now, remember that you are not alone. Our team at Davis Levin Livingston is here for you.

We have been advocating on behalf of injured individuals like yourself for over 40 years and have a deep-seated belief in justice. At our firm, the help you need is truly a call or click away.

To get started on your case, call (808) 740-0633 or request a free consultation online.