Lifelong Treatment and Management of a Catastrophic Injury in Mississippi

A large component of the economic losses suffered in a catastrophic injury accident are the initial medical expenses involved in the treatment and management of the injury.

From the emergency medical expenses on the day of the injury until the time of the release from the hospital and the ongoing care needs, medical costs mount up rapidly for catastrophic injuries — especially for extended hospital stays of weeks or months.

Economic losses for permanent injuries also cover the loss of earnings. This includes both present and future lost wages.

If the unfortunate individual is the main earner in the family with children to raise, these losses can be particularly severe and hard-hitting. Sometimes, the main caregiver also needs to stay at home to care for the victim and may miss work, intensifying the financial impact.

Whether the loss of wages is temporary or permanent, these losses can be part of a compensation claim.

Lifelong management of a catastrophic injury also generally involves rehabilitation, physical therapy or at least follow-up medical appointments.

Victims of spinal injuries or multiple broken bones may need physical therapy and rehabilitation to improve independence and mobility, for instance. This is crucial for improving the quality of life after a catastrophic injury.

Sometimes, too, victims require additional surgery and re-hospitalization to improve their condition.

Once a catastrophic injury victim returns home, frequent visits to the hospital, modifications to the home, and ongoing medical supplies or equipment needs must be met. These can all cause losses that can be claimed.

Victims often need a wheelchair, scooter or other mobility device and home renovations to help with getting up staircases, for instance. Special transport may be required to accommodate mobility devices. For loss-of-sight victims, service animals may be required.

Taking up residence at a nursing home or assisted care facility may be necessary if a patient’s needs cannot be met at home or around-the-clock medical care is required.

This typically applies to individuals who are so severely injured that a loved one can’t care for them — and adds significantly to the economic losses that can be claimed.

Non-economic losses are sometimes referred to as “pain and suffering damages”. They are awarded to accident victims in personal injury cases to compensate for the physical and emotional pain, suffering, and anguish caused by the accident injuries.

With catastrophic injuries, non-economic losses can be significant because the loss of quality of life, loss of consortium, and emotional distress can be substantial. Sometimes, depression, anxiety, sleep disturbance, and other mental health conditions accompany the physical injuries sustained.

It’s difficult to put a dollar figure on this, of course. No amount of money can make up for the loss of enjoyment in life, but the law does attempt to compensate as best as possible.

The following factors are usually considered when attempting to place a dollar value on pain and suffering:

• How much will the victim’s usual daily routine be limited or altered?
• Will the injury impact the victim’s relationships at home or work?
• How does the pain or injury affect the victim’s sleep?
• Will the injury impact the victim in the long term?

Non-economic losses can surpass economic losses but in Mississippi, these types of damages are capped, like in some other states.

Non-economic damages, including pain and suffering, are generally limited to $1,000,000. For medical malpractice cases, they are limited to $500,000.