What is a Catastrophic Personal Injury Case?

A catastrophic personal injury case occurs when a person has suffered some form of severe physical or psychological injury as a result of another person or company’s wrongful conduct.  The wrongful conduct may be simple negligence or intentional, willful, wanton or reckless conduct.  In some instances, a party may be strictly liable for injury to another without the injured person having to show any wrongdoing by the other party.

The most common type of personal injury claims are animal attacks, automobile accidents, burns accidents, boat accidents, brain injuries, construction accidents, dog bites, hazardous products, insurance bad faith cases, medical malpractice, motorcycle accidents, motor vehicle accidents, paralysis, personal injuries, premises liability, product liability, professional malpractice, railroad accidents, severe injuries, slip and falls, spinal cord injuries, truck accidents and wrongful death cases.  In most catastrophic injury cases, an injured party may be entitled to monetary compensation for bodily injury and pain and suffering from the person or company whose negligent or wrongful conduct caused the injury.

Wrongful conduct by the responsible party that is intentional, willful, wanton or reckless may also allow an injured party to also receive punitive damages which are designed to punish the responsible party.

The standard of proof in the United States in a catastrophic injury case is typically by a preponderance of the evidence as opposed to clear and convincing or beyond a reasonable doubt.   Because proving a case beyond a preponderance of the evidence (slight tipping of scales) is usually easier than in a criminal prosecution (beyond a reasonable doubt), most catastrophic personal injury cases are handled in the civil court system.  Most states have a strict statute of limitations which means that court proceedings must be properly commenced within a certain period of time after the incident or the claimant will lose his or her right to bring a claim.

What is a Wrongful Death Case?

This involves a claim against a person or company who is legally responsible for the death of an individual.  The claim is brought in a civil action, usually by close relatives (legal heirs) as provided by statute.

The death must have been caused, in whole or in part, by the defendant's conduct.  The defendant can be negligent or act with intentional, willful, wanton or reckless conduct.  In some instances, a party may be strictly liable for the death of another without the surviving heirs having to show any wrongdoing by the other party. The defendant must have been deemed negligent or strictly liable for the victim's death.  In California, damages are available to the decedent’s heirs (certain family members) for economic losses (lost wages and benefits, medical and burial expenses) and also for loss of love, society, affection and companionship.

Wrongful conduct by the responsible party that is intentional, willful, wanton or reckless may also allow an the surviving heirs of the decedent to also receive punitive damages which are designed to punish the responsible party.

The standard of proof in the United States is typically preponderance of the evidence as opposed to clear and convincing or beyond a reasonable doubt.   Because proving a case beyond a preponderance of the evidence (slight tipping of scales) is usually easier than a criminal prosecution (beyond a reasonable doubt), most wrongful death cases are handled in the civil court system.  In some instances, a civil and criminal case can both be filed at the same time.  For example, a person may be prosecuted criminally for causing a person's death (murder, manslaughter, criminally negligent homicide) and that same person can also be sued civilly in a wrongful death action.  In civil wrongful death cases, most states have a strict statute of limitations which means that court proceedings must be properly commenced within a certain period of time after the incident or the claimant will lose his or her right to bring a claim.