How can the court determine the severity of a catastrophic injury?
The court needs to consider several factors when determining the severity of a catastrophic injury in Washington. The first factor is the type of injury, such as a traumatic brain injury, spinal cord injury, or a severe physical injury. The court will also consider the extent of the injury, which can include severe physical and mental impairment, loss of bodily functions, or a complete loss of function. Additionally, the court will look at the impact the injury has had on the victim’s quality of life, which may include pain and suffering, lost wages due to the inability to work, and emotional trauma. The court also considers how much medical treatment was needed to treat the catastrophic injury, as well as any long-term care that may be needed. The court may look at the amount of money required to cover medical bills, rehabilitation costs, or necessary adaptive equipment. The court may also evaluate the overall economic impact of the injury, such as the victim’s loss of income or the cost of adapting to the injury. Lastly, the court will consider any non-economic losses, such as the loss of companionship or an inability to enjoy life as before the injury. The court considers all of these factors to determine the severity of the catastrophic injury and how much damages to award the victim. In doing so, the court ensures that the victim is sufficiently compensated for his or her losses.
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