Understanding the Legal Process for Catastrophic Injury Claims

Mission Personal Injury Lawyers | July 14, 2025 | Catastrophic Injuries

Understanding the Legal Process for Catastrophic Injury Claims

A catastrophic injury is a severe injury that has a long-term or permanent effect on a person’s life. 

These injuries often involve the brain, spine, or major limbs and can result in lifelong medical care, loss of ability to work, or changes in how someone lives day-to-day. Common examples include traumatic brain injuries, spinal cord damage, severe burns, amputations, and injuries that cause permanent disability or disfigurement. 

Unlike minor injuries, catastrophic injuries can change a person’s life forever. That is why the legal claims surrounding these types of injuries are more complex and require special attention.

Why Catastrophic Injury Claims Are Different

When someone suffers a catastrophic injury because of someone else’s negligence—like in a car crash, fall, or workplace accident—they may have the right to file a personal injury claim. Catastrophic injury claims are not like typical personal injury cases. They usually involve larger settlements, more evidence, and a longer legal process.

After a catastrophic injury, it’s important to consider your current medical bills in addition to your future expenses when calculating your damages. This total should include ongoing medical care, rehabilitation, assistive devices, home modifications, and lost income over a lifetime. These cases also account for emotional pain, suffering, and loss of enjoyment of life. 

Due to the seriousness and long-term effects of these claims, insurance companies often try to fight them or offer low settlements. That’s why having an experienced California personal injury attorney is essential.

The legal process usually begins with a consultation. During this first meeting, the attorney will listen to your story, ask questions, and decide if you have a strong case. If so, they will agree to take your case, often on a contingency fee basis. You don’t pay anything unless your lawyer wins the case or settles it for you.

Once your attorney takes your case, they will start investigating. This includes gathering evidence like medical records, accident reports, witness statements, and photos. They may also talk to experts, such as doctors or accident reconstruction specialists, to better understand the injury and who is responsible. 

Having strong evidence at this stage is crucial because it helps prove fault and show the severity of your injuries.

Filing a Lawsuit and What Happens Next

After the investigation, your attorney may file a lawsuit if a fair settlement can’t be reached with the insurance company. This step begins the formal legal process in court. 

After filing, the case enters a phase called discovery. During discovery, both sides share information and evidence. Each side can ask the other to answer questions, provide documents, or give a statement under oath. 

The discovery stage helps both sides fully understand the facts of the case. During this time, the goal is often to reach a settlement without going to trial. But if the two sides can’t agree, the case may go to trial, where a judge or jury will decide the outcome. 

No matter the outcome, the legal process can take months or even years, depending on how complicated the case is. A lawyer who understands California law can help you through every step of this process.

You May Be Entitled to Compensation 

One of the main goals in a catastrophic injury claim is to recover compensation. In legal terms, this is called “damages.” 

You may be able to recover money for:

  • Medical costs: Hospital stays, surgery, therapy, and future medical care
  • Lost income: Wages you lost because you couldn’t work, and any future earnings you’ll miss out on
  • Pain and suffering: The physical and emotional distress caused by the injury
  • Loss of enjoyment: If you can no longer enjoy hobbies, sports, or activities like you used to
  • Home care and modifications: Costs for caregivers, ramps, or special equipment

Your attorney will work with financial and medical experts to calculate how much money is fair for your situation. This way, you can be sure the amount you request will help cover your needs now and in the future.

Contact Our Chula Vista Catastrophic Injury Attorneys at Mission Personal Injury Lawyers for a Free Consultation

If you or a loved one has suffered a catastrophic injury due to someone else’s negligence, don’t wait to speak with a qualified Chula Vista catastrophic injury attorney. Time limits in California, called statutes of limitations, can affect your ability to file a claim. 

The sooner you take action, the better your chance of recovering the full compensation you deserve. Call Mission Personal Injury Lawyers to schedule a free consultation about your case.

If you’ve been injured in San Diego or Chula Vista, please call Mission Personal Injury Lawyers for a free case evaluation with a personal injury lawyer or contact us online.

We proudly serve San Diego County and throughout California.

Mission Personal Injury Lawyers – San Diego Office
2515 Camino del Rio S Suite 350, San Diego, CA 92108
(619) 777-5555

Mission Personal Injury Lawyers – Chula Vista Office
690 Otay Lakes Rd #130, Chula Vista, CA 91910
(619) 722-3032

We also serve the state of Texas. For legal assistance, contact our personal injury law office in El Paso today.

Mission Personal Injury Lawyers – El Paso Office
201 E Main Suite 106, El Paso, Texas 79901
(915) 591-1000