According to the law (42 USC § 3796b), an injury is considered catastrophic when it “permanently prevent[s] an individual from performing any gainful work.”
With such an open-ended definition, you may wonder whether a broken bone can be considered a catastrophic injury. Read on to find out.
It Comes Down to Your Ability to Work
While a broken bone can be considered a catastrophic injury, in order for it to receive this classification, the damage produced by the injury must cause lifelong harm and forever impact your ability to earn an income to pay for the expenses of your daily life.
In a nutshell, if your broken bone injury causes significant hindrances in your ability to make money to take care of yourself, it may be considered catastrophic.
Your Personality May Be Considered
Your personality, livelihood, and hobbies will likely impact your case. If you are very physically active in your free time and conduct a physically demanding job, sustaining a disabling fracture or several broken bones could significantly devastate your life financially, physically, and mentally.
The Eggshell Rule
According to the “eggshell plaintiff” or “eggshell skull” rule, the person who caused your injuries will be held accountable for the unforeseeable or unordinary outcomes as a result of their negligence.
Said simply, you must be taken as you are and the person who caused your injuries is responsible for your losses even if they are more significant than they could have been for an average person.
Similarly, you may be able to hold the person who hurt you liable for exasperating your pre-existing condition.
We Can Help With Your Catastrophic Injury Case
If you’ve sustained a catastrophic injury through no fault of your own, you may be able to recover compensation for your losses. Most catastrophic injury victims have access to both economic and non-economic damages, which means you may be able to recover compensation for your pain and suffering. Don’t hesitate to reach out to our skilled team right away to discuss the details of your case.
Pat Maloney, Jr. is a skilled San Antonio personal injury lawyer who has acted as lead counsel and co-counsel in many multi-million dollar verdicts throughout Texas. Pat Maloney represents people injured in car accidents, truck accidents, construction accidents and more. He is well known for his expertise in representing victims of serious personal injuries and has participated as a lecturer in the field of personal injury litigation. He has been named as one of the “Best Lawyers in America” Reference Book every year for the last five years.