What is the threshold for proving catastrophic injury?
In order for an injury to be considered “catastrophic” under Virginia law, the injury or disability must be serious and permanent. The injury must also be so severe that it prevents the injured person from participating in their usual activities, such as working, engaging in recreational activities, or even basic care activities such as bathing and dressing. The threshold for proving catastrophic injury can be found in the Code of Virginia, which is the state’s set of laws and regulations governing all aspects of life in Virginia. According to Virginia law, a catastrophic injury is defined as an injury that “involves permanent and severe impairment of a body function or permanent physical disfigurement.” The law specifies that the injury must be so severe that it prevents the injured person from participating in their usual activities and must be permanent. In addition, the injured person must prove a “chain of causation” linking their injury to the negligence of another. This means that the injured person must be able to prove that the injury was caused by the negligence of another party. The negligent party can be an individual, a business, or a government agency. It is important to note that the burden of proof is on the injured person, and the injury must meet all of the criteria established by law in order to be considered catastrophic.
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