A Comprehensive Guide to Catastrophic Injuries in Oregon

Suffering a catastrophic injury is a life-changing event, not just for the victim but for their loved ones as well. The physical, emotional, and financial toll can feel overwhelming, leaving you with more questions than answers.

Our Clackamas catastrophic injury lawyers have compiled this comprehensive guide to provide clarity and support during this difficult time, helping you understand your rights under Oregon laws, the legal process, and the steps you can take to secure the compensation and care you deserve. We are here to stand by your side, offering compassionate guidance and relentless advocacy to help you rebuild your future.

What Is Considered a Catastrophic Injury?

A catastrophic injury changes someone’s life forever. Think of it as a severe injury that doesn’t just heal and go away — it causes lasting problems that affect daily life. These injuries are serious enough to stop someone from living life as they used to.

Catastrophic injuries don’t just affect the body — they impact every part of life. Some might not be able to work anymore, need help with basic tasks, or have to change their home to accommodate their new needs. They often need ongoing medical care and support from family members.

Common Types of Catastrophic Personal Injuries in Oregon

Catastrophic injuries represent severe trauma that fundamentally changes a person's ability to function in daily life. These life-altering injuries include:

• Traumatic brain injuries (TBI) affecting cognitive function, memory, and basic motor skills.
• Spinal cord damage often leading to partial or complete paralysis.
• Severe burns requiring multiple surgeries and causing permanent disfigurement.
• Multiple trauma Injuries involving complex combinations of fractures and organ damage.
• Loss of limbs from accidents requiring prosthetics and lifestyle modifications.
• Neurological injuries affecting mobility, sensation, and bodily functions.

Serious injuries typically require immediate emergency care and long-term medical treatment.

Catastrophic Injury Scenarios

Catastrophic injuries can happen in many different situations, turning everyday activities into life-changing events. Here are examples of how these severe injuries can occur:

• A factory worker gets caught in heavy machinery, resulting in crushed limbs and possible amputation, requiring multiple surgeries and permanent disability accommodations.
• A competitive swimmer suffers a catastrophic neck injury after diving into an unmarked shallow pool, leading to permanent paralysis and the need for lifelong medical care and assistance.
• A professional athlete experiences a severe head collision during a game, causing traumatic brain injury with lasting effects on memory, cognition, and emotional regulation.
• A construction worker falls from defective scaffolding, suffering severe spinal cord injuries that result in partial paralysis and require extensive rehabilitation and lifestyle modifications.
• A pedestrian crossing the street is struck by a distracted driver, suffering multiple severe injuries, including spinal cord damage, broken bones, and internal trauma that requires extensive rehabilitation.

Who Is Liable for Catastrophic Injuries?

Liability depends on the situation:

• Factory accident: Employer (lack of safety measures) or machinery manufacturer (defective design).
• Swimming pool injury: Property owner for failing to mark depths.
• Athletic injury: Sports organization (ignored protocols) or equipment manufacturer (defective gear).
• Scaffolding fall: Construction company (poor maintenance) or manufacturer (defective equipment).
• Pedestrian accident: Distracted driver or their employer (if on duty).

Determining liability is key to securing full compensation for long-term care and recovery.

Do I Have a Catastrophic Injury Case?

To determine if you have a valid catastrophic injury case, several key factors must be evaluated:

• Unlike common personal injuries, your injury must be severe enough to qualify as catastrophic, resulting in permanent disability, requiring long-term care, or significantly impacting your ability to work.
• You must be able to prove that someone else’s negligence caused your injury through clear evidence and documentation.
• The injury must have occurred within Oregon’s two-year statute of limitations.
• You need strong supporting evidence, including medical records, witness statements, and documentation of financial losses.

An experienced catastrophic injury attorney can evaluate these factors to determine if you have a viable case.

What Compensation Can You Recover for Catastrophic Injuries in Oregon?

In Oregon, catastrophic injury victims may be eligible for substantial compensation to cover both the immediate and long-term impacts of their serious injuries, including medical costs. Here are the key types of damages typically available:

Economic Damages

All measurable financial losses, such as extensive medical expenses, rehabilitation costs, lost wages, reduced earning capacity, and necessary home or vehicle modifications. There is no cap on economic damages in Oregon.

Non-Economic Damages, Including Mental Anguish

Cover harder-to-quantify impacts like mental anguish, pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability.

Future Care Costs

Especially important in catastrophic cases, covering anticipated medical treatments, ongoing therapy, personal care assistance, and medical equipment needs throughout the victim's life.

Loss of Consortium

Damages may be awarded to spouses to compensate for the loss of companionship, support, and relationships changed by the injury.

Punitive Damages

Punitive damages might be available in cases involving extremely reckless gross negligence or intentional harm, though they are rare, and 70% of any punitive award goes to the state.

The goal is to secure compensation that truly reflects the life-altering nature of catastrophic injuries and provides long-term financial security for victims and their families.

How to Prove a Catastrophic Injury Claim

Building a strong personal injury claim requires comprehensive evidence to demonstrate both the severity of the injury and its long-term impact. Key elements include:

• Detailed medical records documenting treatments, surgeries, and long-term prognosis, supported by expert testimony from healthcare providers.
• Evidence showing how the injury affects daily life, including inability to work, physical limitations, and need for ongoing care.
• Financial documentation of all losses, including medical expenses, lost wages, and costs for home modifications or equipment.
• Professional assessments from experts providing life care plans, occupational evaluations, and analysis of lifetime financial impact.

Proving these elements requires working with experienced attorneys who can effectively present compelling evidence.

Statute of Limitations

In Oregon, time is crucial when dealing with catastrophic injury cases. Under Oregon state law (ORS 12.110), you have two years from the date of your injury to file a personal injury lawsuit. The statute of limitations for a wrongful death lawsuit is three years from the date of the death.

For claims against public entities and government agencies, you must file a Notice of Claim within just 180 days of the injury.

The discovery rule may extend these deadlines in some cases, starting the clock when you discovered or should have discovered your injury and that it was caused by someone’s negligence.

Missing these deadlines could mean losing your right to get money to compensate you for your pain and suffering and losses. Therefore, it's essential to act quickly to protect your legal rights.

Navigating a Catastrophic Injury Case

When facing a catastrophic injury, knowing the right steps to take can make a crucial difference in your recovery and legal case. Here's what you should focus on: