What Constitutes A Catastrophic Injury? A Legal Overview

Few accidents will leave their victims unscathed, but the very worst inflict injuries that can only be described as catastrophic. These injuries carry heavy emotional and financial costs that can be life-altering. This article explains how to obtain compensation after such injuries through the personal injury system in Tennessee, including:

• What injuries can be considered catastrophic, and what sets them apart in personal injury law.
• The most common causes of catastrophic injuries.
• The role of medical records in catastrophic personal injury cases.

What Kinds Of Injuries Are Considered To Be Catastrophic?

Whether injuries are catastrophic or not is not just a matter of opinion or perspective; it is a matter of law. In Tennessee, there are caps on non-economic damages you can claim compensation for in personal injury lawsuits, such as pain and suffering or a loss in quality of life – but these limits are different for injuries defined as “catastrophic.”

Tennessee defines catastrophic injuries as at least one of the following:

• Spinal cord damage resulting in paralysis, either paraplegia or quadriplegia.
• An amputation of both hands, both feet or one of each.
• Third-degree burns over 40% of the body or 40% or more of the face.
• The wrongful death of a parent for a minor child.

In reality, you can suffer injuries that do not fit into any of these neatly defined categories but, from a real-life standpoint, are clearly catastrophic because they result in a total upheaval of your life. For example, if something prevents you from ever financially supporting yourself or your family, or if you suffer a traumatic brain injury and can no longer communicate or make decisions.

People with catastrophic injuries often need live-in care or special assistance, or they endure a loss of limbs and need prosthetic implants, medical assistance, home remodeling to add a wheelchair ramp, or other accommodations. Unfortunately, Tennessee law does not always recognize these other injuries as catastrophic – that is where the insight of an experienced attorney comes in.

Attorney Daniel Clayton is a caring personal injury attorney who has fought for the catastrophically injured in Tennessee and Arizona for the better part of the last four decades. His advice and guidance are born of compassion, and tempered in the heat of hundreds of victories in and out of the courtrooms.

If you or a loved one have suffered a catastrophic injury in Tennessee or Arizona, contact the Law Offices of Daniel L. Clayton today to schedule a free initial consultation.

Call For A Free Assessment Of Your Needs - (629) 287-0044

What Are The Most Common Causes Of Catastrophic Injuries?

Nearly any type of accident can lead to severe or even catastrophic injuries. Burns from electrical accidents, children drowning in unprotected pools, and high-speed highway wrecks that result in paralysis are just a few examples. Even routine medical procedures can lead to life-altering injuries. We’ve seen everything—from gas line leaks causing explosions to horrific construction accidents.

In one case in Nashville, Tennessee, a woman had the right of way while crossing the street, but a concrete truck turned and struck her. The truck dragged her nearly 20 feet until a bystander jumped in front of it, waving to stop the driver. Miraculously, she survived, but she suffered a degloving injury, where the skin from her pelvis down to her ankle was completely torn off. It was horrific.

Was that a catastrophic injury? Absolutely—but under Tennessee law, it wasn’t guaranteed to be classified as such. Fortunately, we were able to have it recognized as a catastrophic injury, which helped secure the compensation she deserved.

What Role Do Medical Records Play In Catastrophic Injury Cases?

It is hard to overestimate the importance medical records can play in catastrophic personal injury cases. That’s where our firm’s background in medical negligence allows us to help people who have catastrophic injuries.

We have been reading medical records for 37 years. Our attorneys have consulted with multiple experts and physicians of all sorts, in neurosurgery, neurology, cardiology, psychiatry, psychiatric post-traumatic stress disorder, orthopedic spine, spine doctors, and beyond.

We have to look into medical records to find documentation to support the severity of the injury that has occurred. After all, if there is a traumatic brain injury, it may not appear obvious from the outside – and such injuries are fought very strongly by the insurance companies who will try to disprove the significant brain injury.

Accurate analysis of medical records can sometimes be the difference between getting a very substantive recovery that has an impact on the rest of your life and not receiving very much at all.

The same is true if you have to prove how painful and disabling some of these catastrophic injuries can be. If your injuries impact parts of your body that are not easily visible, such as your kidney or liver, there are other areas that you need to look at to see what is really happening.

What Are The Long-Term Financial Consequences Of Catastrophic Injuries?

Catastrophic injuries are extremely financially devastating. Generally, you will not be able to return to work and will lose your earning capacity and income – but they are doubly devastating because of the medical bills, treatments, and medication you may even be faced with managing for the rest of your life.

Attorney Daniel Clayton is a caring personal injury attorney who has fought for the catastrophically injured in Tennessee and Arizona for the better part of the last four decades. His advice and guidance are born of compassion, and tempered in the heat of hundreds of victories in and out of the courtrooms.

If you or a loved one have suffered a catastrophic injury in Tennessee or Arizona, contact the Law Offices of Daniel L. Clayton today to schedule a free initial consultation.

Call For A Free Assessment Of Your Needs - (629) 287-0044

How Can A Personal Injury Attorney Help?

We take your life and suffering very seriously and work to ease the harm you’ve endured in several ways. One of the key steps we take is bringing in life care planners to assess your long-term needs, not just medically but in all aspects of your life. This includes things like necessary home modifications and other adjustments, so we can ensure these costs are fully accounted for when calculating your compensation.

We also take the time to walk you through your case and explain every step of the process, discussing all potential options and outcomes. If we win your case, we help you decide how to handle the settlement proceeds—whether through a special needs trust, a structured settlement, or another type of trust to protect your financial recovery.

While it may seem like a small gesture, we also make sure you have direct access to our founding attorney by giving you a cell phone number you can call whenever you need answers or updates. We know you’re going through an incredibly tough time, and we want you to feel supported by being able to call or text whenever you need help along the way.

We Understand You Can’t Put A Price Tag On Your Life – We’re Here To Fight For Your Future

No amount of money can truly compensate for the loss of quality in your life, and anyone who claims otherwise isn’t being honest. The devastation you’ve faced cannot be measured in dollars.

However, we recognize that you and your family are going through immense hardship—emotionally, physically, and financially. While no compensation can restore what’s been lost, it can provide relief for the financial strain you are dealing with. These are aspects of your life that can be controlled, and addressing them can make a significant difference.

Removing financial burdens can also help you focus on your future. With the right financial resources, you can access better medical care, home healthcare services, specialized equipment, or the best prosthetics available. This is where the price tag becomes critical: to ensure your financial security and maximize your recovery.

I lost my father in 1986 when he was just 52. In one of our last conversations, he asked me, “Daniel, how are you going to share? How will you serve?” I’ve carried those words with me ever since.

When we win a case for a client who has suffered a catastrophic injury and witness their relief and path to recovery, I know I am honoring his memory. That is what service means to me—helping others and making a meaningful impact on their lives.

Our clients often become lifelong friends, and that’s important to me. You are important, your story matters, and you are worth fighting for.

Do Not Wait, If You Have Suffered A Catastrophic Injury In Tennessee, We Can Help.

For more information on Catastrophic Personal Injury Claims in Tennessee, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (629) 287-0044 today.