What is a Catastrophic Injury?

March 28, 2025

What is a catastrophic injury?

A catastrophic injury for purpose of the Crime Victim Compensation Fund is defined by Oregon Administrative Rule as “a severe and debilitating long term or lifelong personal injury”. Because that definition is used for purposes of paying out from a specific pot of money for crime victims it is not applicable in all cases and our lawyers are not so strict in our definition.  Our attorneys look to that definition as a decent explanation, but we try to see beyond that.  This is because there is not a legal line of demarcation for what is catastrophic or not and if it is you that is injured it is usually a big deal even if objectively others would not consider the injury to be catastrophic.  I use this language really as shorthand for extremely serious injuries.  It could be something like losing a limb or your eyesight, it could be multiple surgeries and life-long negative effects.  In some cases the trauma of the car crash alone can haunt people for years, even to the degree of being debilitating.

Examples of a catastrophic injury include:


  • Loss of limb
  • Spinal cord injuries
  • Traumatic brain injuries
  • Loss of vision
  • Loss of hearing
  • Paralysis
  • Severe ligament or nerve damage
  • Disfigurement

Damages

While a catastrophic injury case has many of the same elements as a normal personal injury case, many of them are to a much greater extent. These include:


  • Medical treatment
  • Lost wages
  • Pain and suffering


Catastrophic injuries can additionally include:


  • Loss of earning capacity
  • Extensive medical treatment
  • Medical equipment
  • A full- or part-time caretaker
  • If a family member takes this role, then loss of earnings for them
  • Loss of enjoyment of life
  • Impact of the injury on family relationships, companionship and emotional support


All these damages can be considered for compensation as part of your catastrophic injury case.

How to get Compensated

In Oregon, if you have suffered a catastrophic injury from a car accident where the other driver was at-fault, you can sue for damages. The process will require extensive proof that the other driver was at fault.


When facing a catastrophic injury as opposed to a less severe set of damages the questions the lawyer should be asking begin to change.  Instead of being confident that PIP (personal injury protection) coverage would be sufficient to pay all the medical bills I begin to start looking for other potential payers just so that the fewest number of bills possible end up getting to the client.  Instead of asking questions about how much money can I get from an insurance company I begin to wonder if there will even be enough money to cover the harm done to the client.  We need to begin working on finding other payers in an effort to ensure that we don’t run out of money to compensate the person for their injuries.  Unfortunately, sometimes this does happen where there simply is not enough money for the catastrophically injured person to be made whole.  I dislike this scenario.

Some potential payers include:


  • A Dram Shop Litigant (a bar that served a Visibly Intoxicated Person who went on to cause a car crash)
  • A Second or Third (or more) automobile policy
  • An Umbrella Policy (A safety net type of policy that kicks in after other insurance is exhausted and damages are high)
  • An at-fault party with a lot of money

Get Help from an Oregon Car Accident Attorney

Here at Hunking Law our attorneys specialize in car collision cases and will work creatively and tirelessly to find as much money as we can to be sure our client is made whole. 


If you or a loved one has experienced a catastrophic injury, contact us here or call us at (541) 486 - 5464 to schedule a free consultation with one of our attorneys to learn how we can help you maximize your claim.

June 3, 2026
Bottom-Line-Up-Front: From the overall settlement and about 1/3rd of it. The Long Answer: “ Access to Justice ” is a term I have heard in the legal industry that seems to be the code word for getting legal services to people who do not have enough money to pay a lawyer. One of the great luxuries I have in my profession is that in my line of work I can help even the poorest of people get exceptional legal work on their case. That is because when we are collecting “damages” in an action at law (i.e. money for a wrong done) if I am successful, then there is a pot of money from which a person can pay me for the work I did. In almost every case we take a 1/3rd contingent fee of the settlement. This is the industry standard and considered reasonable in almost all circumstances. The value of structuring the attorney fee payment in this way is that whether a person is rich or poor, they can get that access to justice when they have been wronged by someone, especially when the wrong is a car crash that is the fault of another person. Some of the value in structuring the attorney fee payment this way is that it gives the attorney and the client an alignment of incentives such that they will both work together to maximize the amount that ultimately gets to the client. If, in the alternative, you were to pay someone for this legal work by the hour, not only would injured people without several thousand dollars available to hire an attorney lose that access to justice , they also would have a misaligned incentive with their attorney. For example, if the attorney must bill by the hour to read through medical records, then someone with more general health issues not related to the crash would presumably have more prior medical records to read through and as a result would need to pay more money to their lawyer just to get the same legal result as a more healthy person. As another example, if we could get another $7,500 in a case but it would take another 10 hours of attorney work to get that result, on a contingent fee the client gets the benefit of only paying $2,500 to get another $5,000. But if that 10 hours of attorney work is billed by the hour at say $500/hr then the client only gets $2,500 and the attorney gets $5,000. By linking the value of the work done by the lawyer to the result achieved, it provides better incentives for both the client and the attorney to do good work and get a good result. Certainly, for other types of legal work payment by the hour makes more sense and may create a more proper alignment of incentives; but in cases where there are damages at the end of a lawsuit, I have not found a better way to align the incentives of the attorney and the client while also increasing access to justice and ensuring that meritorious cases are pursued. If you have been in a car crash and are worried that you will not be able to afford to hire an attorney, you will be pleasantly surprised when you give us a call at (541)HUNKING ( 541-486-5464 ) and see that we will do our best to get you access to justice at an affordable rate.
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