Catastrophic Injury Claim Timeline: Explained

While there is no legal definition of catastrophic injury in Arizona, the term is commonly used to describe injuries that are severe, permanent, and life-changing. 

The deadline for filing a claim is two years (although there are several exceptions to this rule), but the case can take anywhere from one to three years for car accident and personal injury lawyers in Phoenix to settle due to the severity of the injuries and the compensation at stake. 

Examples of Catastrophic Injuries

Injuries are considered catastrophic when they permanently affect the victim’s ability to work, care for themselves, live independently, and enjoy their life. Catastrophic injuries include:

• Traumatic brain damage
• Spinal cord damage/paralysis
• Severe burns
• Limb loss or amputation
• Permanent loss of sight or hearing  

What a Settlement Should Cover

Because catastrophic injuries are permanent and require long-term or lifelong medical treatment, rehabilitation, and home healthcare, the awards in these cases tend to be quite high.

For example, the National Spinal Cord Injury Statistical Center estimates that lifetime medical costs for someone with this type of injury can be upwards of $5,000,000 and that life expectancy is much lower than the general population. Someone who is paralyzed after an accident needs to be prepared for these bills and expenses.

For this reason, calculating damages is more than adding current medical bills and loss of income. It needs to include:

• Past and future medical bills
• In-home nursing care
• Lost wages and lost future earnings
• Home and car modifications
• Physical and emotional pain 

The Legal Process for Catastrophic Injuries

An insurance claim or lawsuit must be filed within two years of an injury. If a government entity or employee is at fault, a notice must be filed within 180 days and a lawsuit within one year. 

In addition, if a minor is severely injured, the two-year timeline doesn’t start until the child turns eighteen years old. If the claim is not made within the correct timeframe, you could lose your rights to any compensation.

Here is a general timeline of what happens after a catastrophic injury, although it can  vary depending on the nature of the injuries and the parties involved:

Call an Experienced Phoenix Catastrophic Injury Attorney

Filing on time after a catastrophic injury is essential to receiving the financial compensation you or your loved one is due. Contact Gage Mathers today for an honest assessment of your situation. 

We have decades of experience successfully handling personal injury claims, including those involving catastrophic injuries. We can also explain how surveillance affects injury claims and the nuances of whiplash injuries from distracted driving might impact your claim.

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 24 years
Bar number: 020421
Location: Phoenix, AZ
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