Looking for what qualifies as a catastrophic injury under California law?
You’re doing exactly the right thing if you (or a loved one) has suffered a serious injury. The punitive damages in a catastrophic injury case can be significant. If someone else is to blame for your injury (or a loved one’s injury) then make no mistake: the at-fault party’s legal or insurance teams are already preparing their defense.
Time and again, I’ve seen aggressive attorneys pressure victims into making statements that limit future injury claims.
I do not want that to happen to you.
In this post, you’ll understand what qualifies as a catastrophic injury under California law so you can protect yourself. You’ll learn what you need to prove liability, and find out why you need an attorney specialized in trial litigation.
If at any point you’d like a free consultation from an expert catastrophic injury lawyer in California, contact us at Peerali Law.
By Kristopher Peerali
Co-founding Partner at Peerali Law
What Qualifies as a “Catastrophic Injury” in California?
Definition of a Catastrophic Injury Under Federal Law
There is no statutory definition of a catastrophic injury under federal law in the United States. Instead, a personal injury lawyer may use other legal codes in order to support a claim.
For example, there is a legal definition of a “catastrophic injury” in the U.S. Code.
Under 34 U.S. Code § 10284 (4), a “catastrophic injury” is defined as: “…an injury, the direct and proximate result of which is to permanently render an individual functionally incapable […] of performing work, including sedentary work…”
This definition is only valid in the context of law enforcement and public safety officers. But if an injury has left you or a loved one permanently unable to work, there’s a strong chance your injury qualifies as “catastrophic” under most legal and medical frameworks.
Definition of a Catastrophic Injury Under California Law
The California Civil Code doesn’t provide a statutory definition for what qualifies as a “catastrophic injury” under California law. Instead, it’s understood from medical terminology as a serious injury with long-lasting effects on an individual’s health, ability to live independently, and capacity to return to work.
A personal injury attorney will cite precedent to establish your injury claim as “catastrophic”.
For example, one of the most important legal frameworks comes from California’s Workers’ Compensation Appeals Board (WCAB) in the 2019 Kris Wilson en banc decision. The case established five characteristics that qualify an injury as catastrophic in California:
- Seriousness of Treatment
The intensity and complexity of medical treatment required to relieve or cure the injury. - Long-Term Outcome
Whether the injury resulted in a permanent impairment once the condition became stable. - Impact on Daily Life
The severity of the injury and how it affects your ability to carry out everyday activities (also called “ADLs” or activities of daily living). - Statutory Injuries
Whether the injury is similar in seriousness to those specifically listed under Labor Code § 4660.1(c)(2)(B) – see Common Types of Catastrophic Injuries. - Incurable or Progressive Condition
If the injury involves a disease or condition that is both incurable and expected to worsen over time.
Common Types of Catastrophic Injuries
Catastrophic injuries don’t come in one shape or form. There’s no single test or list that defines them completely. What matters most is how severe, life-altering, and permanent the injury is—and how it impacts your ability to live and work as you did before.
That said, California Labor Code § 4660.1(c)(2)(B) gives us a useful reference. It lists several examples of injuries considered “catastrophic” in workers’ compensation claims:
- Severe head injury (traumatic brain injury or TBI)
- Loss of a limb
- Paralysis
- Severe burn injuries
But that doesn’t mean other injuries don’t qualify. At Peerali Law we have won case results and settlements for clients suffering many different types of catastrophic injury—such as dog bites, car accidents, slip-and-fall cases, medical malpractice, product liability, premises liability, and more.
Key Characteristics of a Catastrophic Injury
A full list of characteristics of a catastrophic injury can include, impact or necessitate any of the following:
- Vision loss
- Hearing loss
- Organ damage
- Multiple bone fractures / crush injuries
- Chronic pain syndromes
- Disfigurement
- Activities of daily living (ADLs)
- Cognitive impairment
- Emotional distress / mental suffering
- Rehabilitation (physical therapy, occupational therapy)
- Psychological counseling
- Home modifications
- Specialized medical equipment
- Vocational rehabilitation
- Loss of consortium (impact on family relationships)
- Financial burden
- Loss of function
- Lost earnings
Want an Expert’s Opinion on Your Injury?
If you or someone you love has suffered a serious injury, the last thing you need is to confusion over what qualifies as a catastrophic injury under California law. What you need is clarity and guidance to make the right decision.
To get an expert’s opinion you can contact us for a free consultation.
At Peerali Law, we work on a no win, no fee basis. That means you pay nothing upfront, and nothing at all unless we win your case. So you have nothing to lose by reaching out.
The 5 Elements You Need to Prove Liability
Proving liability is essential for a fair settlement.
At the beginning of this article, I told you that aggressive attorneys pressure victims into making statements before any claims are even made. They are trying to extinguish their client’s liability, and your right to punitive damages.
Sometimes you’ll receive a lowball offer in exchange for a statement.
So if you want to prepare a catastrophic injury claim, you’ll need to build a strong case that proves liability. At Peerali Law we do this by gathering any or all of the following 5 elements:
- Medical records
These demonstrate the full scope of your injuries, as well as any medical bills already paid. Medical records can serve to determine future medical expenses too—whether for rehabilitation, long-term medical care, home modificatons, physical therapy, and more. - Photos and videos
Evidence of the accident, your injuries, or the scene are crucial. Often they can prove liability on their own. - Witness statements
These help establish what really happened and back up your version of events. The sooner you act the better, before memories start to fade. - Expert opinions
In order to explain your long-term care needs, home modifications, or loss of income. At Peerali Law, we have access to some of the top medical experts in Los Angeles, and this is why our case results are so successful, and why we’ve never been defensed in a catastrophic injury case that went to trial. - Other proof of liability
Whether it’s a reckless driver, negligent business, or unsafe public property (in the case of premises liability). We must gather evidence proving the liability or negligence of the at-fault party.
Gathering witness statements, CCTV footage, crash reports and medical records are crucial for determining liability in a catastrophic injury claim. For assistance preparing your case you can receive legal representation from Peerali Law on a no-win-no-fee basis. Contact us to get started.
Pure Comparative Negligence in California
California differs to many other states because of its “pure comparative negligence” system. This legal principle was introduced after the Li v. Yellow Cab Co. case in 1975, and changed how damages are awarded when both the injured party (the plaintiff) and the defendant are at fault.
Unlike states that follow “modified comparative negligence”—which can bar a plaintiff from recovering any damages if they are found to be 50% or more to blame—California allows an injured party to recover compensation regardless of their percentage of fault.
For example, if a victim suffers $1,000,000 in damages from a catastrophic injury, but a jury finds them 30% at fault for the accident, they would still be able to recover $700,000 (70% of the total damages) from the at-fault defendant(s).
What Damages Can I Claim?
In California, catastrophic injury claims can range from $25,000 up to tens of millions of dollars. At Peerali Law, our largest settlement was $16.3 million following a catastrophic injury claim.
This is possible because compensation factors in future medical bills, loss of earnings, mental suffering, and much more.
It’s important note is that California civil law cases are classified as either “limited” or “unlimited”, with $25,000 serving as the dividing line. Nearly all catastrophic injury cases fall under civil unlimited jurisdiction, meaning you can claim at least $25,000 up to a potentially unlimited sum.
The most common types of compensation you may be entitled to include:
- Medical expenses
- Lost income and earning potential
- Long-term care and rehabilitation
- Pain and suffering
- Emotional distress
- Home modifications, assistive devices, and mobility needs
No Cap on Non-Economic Damages
In California, the concept of “no cap on non-economic damages” offers greater potential compensation for plaintiffs making a catastrophic injury claim.
Economic damages cover quantifiable losses like medical bills, lost wages, and rehabilitation costs. But non-economic damages aim to compensate victims for subjective consequences of their injuries—such as physical pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and loss of companionship (loss of consortium).
While no single statute explicitly states “no cap,” the entitlement to compensatory damages is found in California Civil Code Section 3333.
What Most People Don’t Know About Catastrophic Injury Lawyers
Not all personal injury lawyers work the same way. And when it comes to catastrophic injury cases, the difference is crucial to understand.
There are generally two types of personal injury lawyers:
- Pre-litigation lawyers, who focus on filing claims and negotiating early settlements.
- Litigation attorneys, who offer legal representation when your claim goes to court.
Not many know that the largest firms tend to fall into the pre-lit category. They handle tens of thousands of cases at once—like a legal call center. These firms try to settle quickly and, if that fails, they hand your case off to another firm for trial litigation.
Peerali Law is a specialist catastrophic injury lawyer in Los Angeles and we provide both pre-litigation and trial litigation services for our clients. This is the reason why we have a 99% case success rate: We prepare every case as if it’s going to trial, and that protects our clients from lowball offers and damaging statements.
Thanks to our specialism in catastrophic injuries, Peerali Law is who many other personal injury law firms in Los Angeles call when a case heads to court.
Call Peerali Law Today for Free Consultation
If you or someone you love is facing life after a catastrophic injury, you don’t have to figure it all out alone. At Peerali Law, we’ll help you so you can focus on healing while we fight for what you deserve.
Whether you’re navigating medical bills, lost income, or long-term care needs, the right legal team can change everything about your future.
- Call us now at (818) 862-4435
- Email us at contact@peeralilaw.com
- Or leave your details for a callback by clicking the button below
You only get one shot at a fair settlement – let’s make it count.
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