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.

September 17, 2025
Bottom-Line-Up-Front: Probably not The Long Answer: In a typical car crash where no one is injured; say for example your car is hit by a drunk driver leaving a football game in the parking lot of Autzen Stadium, an attorney does not provide a ton of value to a person beyond a single conversation. There are plenty of repair shops and parts sellers so finding the price to repair a vehicle is pretty simple without much negotiating room. There are also plenty of people buying and selling vehicles so even if the vehicle is totaled, finding the value of a replacement vehicle is pretty straightforward. That said, it is helpful to speak with an attorney to at least understand your options. Knowing the difference between the process for going through your own insurance (e.g. that you can get the deductible paid back by the insurance company of the at-fault driver) and the process for going through the at-fault insurance company directly. I have had dozens if not hundreds of those conversations with people over the years and I hope they have been helpful. It takes a good amount of time to understand how the systems interact, but for me it is pretty simple to explain it to someone and then give them the chance to ask questions. To convey this information even broader than we can currently, (a single conversation at a time) Hunking Law is currently developing resources to help make this understandable on our website such that more people can get the information any time of day. I hope this was helpful, if you need or want to talk to an attorney in the Eugene/Springfield area about a car accident please consider us and call Hunking Law at (541)486-5464 today.
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July 10, 2025
Curious about what a car crash attorney in Eugene, OR earns? Learn about salary ranges, commissions, and what top attorneys make! People say that it is impolite to ask how much money they make. I am sure someone somewhere had a good reason to endorse and implement that rule, but personally I think it has some negative consequences that should be considered. Sometimes I think an over-emphasis on not discussing pay in a work environment can lead to gross inequalities in pay. Whereas if we were able to talk about pay, people would have the knowledge to know what other options are available to them. With that in mind there are a couple ways to answer this question: (1) Salary-Based Compensation It is possible that the car crash attorney works on a salary. In that case they likely make between $45,000 a year and $120,000 a year, not including benefits (I use those numbers because they are the lowest salary, I am aware of and the highest salary I am aware of for car crash attorneys in the Eugene, Oregon area. It could very well be that my range is way off). The benefit to the attorney of this system is that they know how much they make and how to budget based on their expected pay. The downside is that it is a fixed number and not necessarily in the person’s financial interests to do this. Personally, I would only recommend this for someone in the first year or two of practice who is still learning the ropes and has not yet built a caseload. (2) Salary Plus Commission It is possible that the car crash attorney works on a salary plus commission. In this system the salary is a floor so the attorney can pay their bills and not be worried about not being able to pay rent if they don’t generate any money, but (at least in my office) because of the floor the commission rate is lower than it would be if the person only worked on a commission. There is some alignment in this system between the attorney and the organization (because the organization needs them to generate dollars sufficient to cover their salary and benefits), and there is a backstop to ensure that the person doesn’t feel pressure to settle a case for lower than what is in the clients best interests because they always have enough salary to pay their bills, even in a down month. I personally would recommend this for someone who is in year 3-5 of practice, has built their caseload, but still isn’t confident and consistent enough to be sure they will make it on a commission only. While this will always be dependent on how much money the person brings in (which is effected by how much they want to work, and how efficient they are with their work), as a range, car accident attorneys that have worked for me in the Eugene area have made between $120,000 and $175,000 a year. (3) Commission-Only Pay It is possible that the car crash attorney works on commission only. Here, the attorney takes home money only when they generate dollars (by getting verdicts or settlements in the bank for car collision cases). Because there is no risk to the organization needing to pay dollars it does not have, and because it aligns the financial interests of the attorney with the organization and the client, I like this system a lot. The caveat with this is that the attorney should be very experienced, with a full and built caseload and confidence that they will be able to make a paycheck. In my office the attorneys that work on commission only have historically taken home the most money (by a lot) and to put it in terms of dollars the range is $400,000 to $600,000 in a year. Conclusion: Is It Worth It? I hope that sheds some light on the pay of Eugene car accident attorneys and helps whoever might be reading this gain some knowledge that they find useful. The high number that car crash attorneys can make on commission is just a percentage of the amount that they are giving back to their clients in the form of paid medical bills, property damage repair bills, and in many cases, a check directly into their bank accounts. Contact a Eugene Car Crash Attorney Call 541-HUNKING (that’s 541-486-5464) today if you were injured in a car accident in Oregon and let us help you maximize your settlement.
July 3, 2025
I asked a 19 year old relative recently what they would do if they were in a car accident. It is no surprise but the answer was “Call my mom”. I asked the question to try and better understand how to reach younger people who have been in car accidents and can use my help, but the answer I got triggered an interesting thought: what would a car accident lawyer tell a parent to tell their child who just got in a car accident? This Blog is an attempt to answer the question: “What do I tell my adult child who just got in a car accident?” Step 1: Get the Facts I would begin by asking questions to make sure you know what is going on; and they would be some mix of: Are you ok? Is everyone else ok? Are you in a safe place? What happened? These questions help you quickly assess their safety and the situation at hand. Step 2: Reassure Them and Focus on Safety Then I would go with some general advice: Get to a safe place if you aren’t already. Don’t panic; just breathe, we will get through this. Helping them stay calm is one of the most important things you can do in the moment. Step 3: Immediate Actions to Take at the Scene Depending on the severity of the incident I would then give the following advice: Call 911 (Both police or for ambulance or fire support). Call your insurance company. Take pictures of the cars, the accident scene, and any damage or injuries. Gather contact information and insurance details from all other drivers and any witnesses. If you can drive the car home safely then great; otherwise call a tow truck (or have your insurance or the police call a tow truck). Either get a ride to the hospital or home or have someone pick you up. These steps will help protect your child both physically and legally. Step 4: Regroup and Next Steps After the dust settles: Talk to your child about what happened. Decide together what to do next. Determine if your child needs a lawyer. If you’re not sure, review our blog “ When/Why Should You Hire An Attorney After A Car Accident .” If needed, call a lawyer and schedule a free consultation. There is no downside to calling a lawyer after a car collision. They will be able to quickly determine if they can help you or not, and at least at Hunking Law, consultations are free. A good lawyer can guide you through the process and will ensure that your child’s rights are protected. Conclusion I have no idea if this blog will be helpful, but I am hopeful that someone somewhere reads it and they are a little more prepared for this situation than they otherwise would have been. If your child has been in a car crash in Oregon and you’re not sure what to do next, don’t hesitate to reach out – we’re here to help. Call us today at 541-HUNKING, 541-486-5464.
June 4, 2025
The when is easy: as soon as possible. There really is not a downside that I am aware of in consulting an attorney quickly and having them on your side from the beginning of the process. If nothing else, it provides you with some inside knowledge to how the process works and what to expect.
May 6, 2025
After a car crash, you might expect your car insurance company to have your back. Isn’t that what you pay them for? Now is the time for them to step up and make sure that you are compensated for your injuries. But can you really trust them to keep your best interests at heart? How do you know if their offer is fair? Unfortunately, it’s not uncommon for insurance companies to offer less than what your claim is really worth. If you’re unsure about the number they give you, trust your instincts. Here are four signs your insurance company is low-balling you after a car collision.
March 31, 2025
We at Hunking Law put dozens of man-hours collaboratively into generating this infographic because we thought it would be helpful to clients. The goal is to take the collective knowledge of the people who work here, gained step by step over years of education and practice, and make it digestible to a potential client. The information is organized into a flow which is a pretty good way to understand how these car crash cases work and what to expect next. The information itself is layered and while each section has a summary the depth of each summary is vast. The scope of knowledge needed to understand a complaint is really broad and not really something that can be understood fully within an infographic, but understanding the steps and the process we hope will put you a little more at ease when you are faced with being injured in an auto collision. As you read each section and understand it as sort of the next step on the journey feel free to think about why each step is the way it is and by what process are we really reaching a resolution to these conflicts such that you frame the information usefully in your head. At any point, if you think you need more clarification don’t worry, just give us a call and a member of our experienced team will be happy to provide you any clarification you need on any of the points. We are here to help with car collision cases and we hope this infographic is a useful way to help make your life better.
By Renee Fitzgerald March 7, 2025
Anecdotally, in recent years more and more people use the internet to find the goods and services they need. As Oregon attorneys we have tried to adapt as best we can to meet our potential clients where they are: on the internet. In the past few years there has been a growing group of attorneys who are exceptional at leveraging internet advertising to become “Oregon attorneys”. In general terms I don’t really view this as a bad thing because so long as attorneys do good work to help Oregonians with their legal issues, I think there is a net positive for my community simply because the work is getting done. The troubling aspects occur when I see terrible legal work being done by a lawyer who advertises as an Oregon lawyer but really is a Utah lawyer. In my estimation, this does damage to my community by giving lawyers a bad reputation, failing to provide fair compensation to Oregonians and taking work that would have been done competently by an Oregon attorney away from that local business. In a technical sense, it is difficult to define whether a person is an Oregon attorney. The Oregon State Bar licenses attorneys to practice law within the state and frankly some attorneys who work primarily out of state are in fact licensed Oregon attorneys. Personally, I think the State Bar can do more to protect the public from attorneys who are lacking in competence because they are practicing law in multiple states. It is not easy to learn how to practice law, frankly it takes a lot of time to even read and understand the law in Oregon and even more time to be able to see and know that information in context such that it can be used for the benefit of a client. But, from my vantage point, when you know what right looks like it is pretty easy to see when an attorney is just wrong in their strategic choices. I, Joshua Hunking, am not a mechanically inclined person and when I go see an auto mechanic for some issue with my car it is not hard for me to see that. I don’t have the knowledge and experience that my mechanic has, so, they are much better equipped to fix my car; they can spot issues with the sound of the engine that I simply would not notice let alone be able to use as a diagnostic tool to fix the vehicle. So, the question remains, how do I determine whether my Oregon car crash attorney is actually an Oregon attorney? As of today, the best answer I can give you is that we at Hunking Law are Oregon attorneys, while a couple of us are licensed in other states as well (Washington) we know enough to know not to gamble with someone’s future unless we know what we are talking about. Our Eugene and Corvallis offices are staffed 9-5 Monday through Friday so I guess I could suggest stopping by the office during business hours. But really, any relationship with a lawyer relies on trust, so hopefully you can just ask your lawyer at the intake whether they are in Oregon or not. As I write this I am sitting in Eugene Oregon. I woke up at my house near Brownsville Oregon and took I5 to get here. The other attorneys and paralegals at this firm also live in Oregon, we know these areas, we know these roads, we pay our taxes in Oregon and most of all we care about you because we, like you, are members of this Willamette Valley community and when you get fair compensation our community gets just a little bit better.
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