What damages can be recovered in a catastrophic injury lawsuit?

Under North Carolina law, a person who has suffered a catastrophic injury as a result of another’s negligence may be entitled to recover damages. Catastrophic injuries are those that cause long-term disabilities or significant scarring or disfigurement. Damages that may be recoverable in a catastrophic injury lawsuit include medical expenses related to the injury, loss of income and earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life. Medical expenses related to the injury include hospital and doctor bills, medical devices, medications, medical travel expenses, and physical and occupational therapy costs. Loss of income and earning capacity refers to lost wages or the reduced ability to earn a living due to a disability. Pain and suffering includes the physical and mental anguish associated with the injury. Emotional distress is the mental suffering that is experienced due to the injury, such as depression, anxiety, and fear. Loss of enjoyment of life is the deprivation of activities and hobbies one was once able to enjoy. In addition to the above-mentioned damages, a person who has suffered a catastrophic injury may also be entitled to recover compensation for future medical expenses, loss of consortium, or punitive damages. Punitive damages are designed to punish a willful or reckless act and serve as an example to others. Ultimately, the amount of damages that can be recovered in a catastrophic injury lawsuit will depend on the facts of the case and the applicable state laws.

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