A catastrophic injury can leave a person unable to work, live independently, or even make important decisions about medical treatment and finances. When that happens, family members often become responsible for coordinating care and managing the practical consequences of the injury. They may also wonder whether they can pursue a personal injury claim on their loved one's behalf.
In New Jersey, the answer depends on factors such as the injured person's age and capacity and whether the family member has legal authority to act for them. Understanding these rules can be especially important when a serious accident leaves someone unable to protect their own legal interests.
There is no single type of injury that accounts for every catastrophic injury claim. Generally, these cases involve severe injuries that cause permanent or long-term limitations and substantially change a person's ability to live and function as they did before the accident.
Common catastrophic injuries can include:
The consequences often extend far beyond the initial hospitalization. An injured person may require surgeries, rehabilitation, assistive equipment, modifications to a home, ongoing medical treatment, and assistance with everyday activities.
Our New Jersey catastrophic injury attorneys can evaluate how an injury occurred, who may be responsible, and who has the legal authority to pursue compensation.
Catastrophic injuries can occur in many types of preventable accidents. What these cases often have in common is the severity of the forces involved or the vulnerability of the person who is injured.
Common causes include:
For example, a high-speed New Jersey motor vehicle collision could cause a spinal cord injury that leaves someone unable to walk. A pedestrian struck by a vehicle could suffer a traumatic brain injury that affects memory, communication, and decision-making.
The cause matters because a catastrophic injury claim generally requires identifying a person, business, or other party whose wrongful conduct contributed to the injury.
Generally, being someone's spouse, parent, sibling, or adult child does not automatically give a person authority to bring a personal injury claim in the injured adult's name.
If the injured person remains legally capable of making decisions, they will ordinarily control their own personal injury claim. Family members can provide substantial assistance, but the fact that the injury is severe does not by itself transfer the injured person's legal authority to a relative.
The situation becomes different when a catastrophic injury leaves someone incapacitated and unable to manage their own affairs.
In those circumstances, a legally authorized person may need to act on behalf of the injured individual. Determining who can do so depends on the person's circumstances and the legal authority that has been established.
Some catastrophic injuries can severely affect cognitive functioning, communication, or consciousness.
A traumatic brain injury, for example, could leave a person unable to understand legal decisions or communicate informed choices. Other victims may remain unconscious or experience neurological damage that prevents them from managing their affairs.
In situations involving incapacity, a New Jersey court may appoint a guardian who can make certain decisions on the injured person's behalf. The scope of that guardian's authority depends on the court order and the circumstances.
Existing legal arrangements may also need to be reviewed to determine whether another person already possesses relevant authority.
The important point is that a family member should not assume that their relationship alone allows them to settle or control an incapacitated person's catastrophic injury claim.
Claims involving injured minors operate differently because children generally cannot pursue litigation independently in the same manner as adults.
When a child suffers a catastrophic injury in New Jersey, a parent or another appropriate representative may act on the child's behalf in legal proceedings.
These cases can involve especially significant future damages. A child who sustains a spinal cord or brain injury may live with the consequences for decades. Evaluating the claim may therefore require considering needs that will arise long after the lawsuit concludes.
Depending on the injury, those needs could include:
Settlements involving minors are also subject to legal safeguards designed to protect the child's interests.
One reason catastrophic injury claims require careful evaluation is that the financial consequences may continue throughout the injured person's lifetime.
A claim may seek compensation for applicable losses such as medical expenses, lost income, reduced earning capacity, pain and suffering, and future care.
Future damages can become particularly significant. Someone who is permanently paralyzed may need decades of medical care and personal assistance. A person with a severe brain injury may be unable to return to their previous career or live without supervision.
Calculating these losses can involve medical professionals, vocational specialists, economists, life-care planners, and other experts.
The goal is to understand not only what the injury has already cost the family, but also what the injured person is reasonably expected to need in the future.
A catastrophic injury affects the entire family, but that does not mean every financial or emotional consequence automatically becomes part of the injured person's personal injury damages.
In some circumstances, a spouse may have a separate claim for loss of consortium arising from serious injuries to their husband or wife. These claims concern the effect that the injury has had on the marital relationship.
Other issues may arise when family members leave work to provide care or take on significant responsibilities following an accident. Whether a particular loss is legally recoverable depends on the circumstances and the applicable New Jersey law.
An attorney can distinguish between damages belonging to the injured person and any separate claims that may be available to family members.
Catastrophic injury claims can result in substantial settlement negotiations because the injured person's future needs may be significant. It is important that the person negotiating and approving decisions has the legal authority to do so.
A settlement can resolve the injured person's claims permanently. Accepting an amount that does not adequately account for future medical care, lost earning capacity, or long-term assistance could have lasting consequences.
When the injured person lacks capacity, additional legal procedures may be necessary to ensure that a settlement protects their interests.
Families should therefore determine who is legally authorized to act before making major decisions about a catastrophic injury case.
Families understandably focus first on medical care after a devastating accident. However, evidence related to the cause of the injury can become harder to obtain as time passes.
Depending on the accident, important evidence might include:
New Jersey also imposes deadlines on personal injury claims. Additional rules and deadlines may apply depending on who caused the injury and whether a government entity is involved.
Prompt legal review can help families understand both who may pursue the claim and what steps may be necessary to preserve it.
A family member may be able to pursue a catastrophic injury claim on behalf of a loved one in certain circumstances, particularly when the injured person is a minor or lacks the capacity to manage their own legal affairs. However, a family relationship by itself does not necessarily provide authority to control an adult's personal injury claim.
If your loved one is dealing with a catastrophic injury in New Jersey, our attorneys are here to help. Call us today or connect with us online to schedule a consultation.
