San Diego Catastrophic Injury Attorneys

For over 40 years, Thorsnes Bartolotta McGuire has championed the rights of catastrophic injury victims in San Diego. Our San Diego catastrophic injury attorneys can help you through a claim's emotional and financial aspects.

Our track record speaks for itself. We've secured over $2 billion in settlements and verdicts for personal injury claims. Recently, we secured $20.3 million for a rollover accident that left our client quadriplegic and a $6.25 million settlement for a freeway crash.

When you choose Thorsnes Bartolotta McGuire, you choose a team dedicated to showing support and stability throughout the process of your claim. Contact us today for your free consultation at (619) 236-9363.

“Hello, I just wanted to take a moment to say “Thank you” to you all for your support and patience throughout this long journey. You are all such an important part of my life, and I can’t say thank you enough. You have made this journey so much easier, and for that, my family and I will forever be thankful.”
–
Patty C.

How Does San Diego Define Catastrophic Injury?

In San Diego, the legal definition of “catastrophic injury” is outlined by the U.S. Code, Section 3796b.  It is an injury that prevents a person from performing any gainful work throughout the rest of their lifetime. Many different types of catastrophic injuries fall under this definition. 

These injuries typically impact an individual's quality of life and ability to perform gainful work. Here are some common examples of catastrophic injuries:

• Traumatic Brain Injuries (TBI): Cognitive impairments, memory issues, and sometimes permanent disability. In 2022, individuals in South Bay sustained more TBIs than anywhere else in San Diego at a rate of 96-108 per 100,000.
• Spinal cord injuries: This can lead to partial or complete paralysis. This may come in the form of paraplegia or quadriplegia.
  Amputations and Limb Loss: Limb loss affects mobility, independence, and emotional well-being.
• Severe Burns: Large or deep burns may result in extensive nerve damage, loss of mobility, and scarring. Over 400 people are admitted to UC San Diego yearly for bad burns.
• Organ Damage: Injuries to organs like the heart, lungs, or kidneys have lasting health impacts.
• Severe Nerve Damage: This leads to chronic pain and sometimes a loss of function.
• Psychological Trauma and PTSD: Trauma can impair one’s ability to work or maintain relationships.
  

Common Causes of Catastrophic Injuries in San Diego

A variety of accidents can cause catastrophic injuries in San Diego.

Traffic Accidents on Major Highways

ConsumerAffairs reports that San Diego has one of the state's highest rates of severe car accidents. Highways like I-5 and I-8 consistently rank amongst the state's most deadly stretches of road. Traffic, in conjunction with speeding or distracted driving, leads to thousands of accidents and even fatalities.

Water-Related and Recreational Accidents

Popular attractions, such as Mission Bay and Pacific Beach, attract fans of surfing, jet skiing, and boating activities. However, accidents during these activities can lead to severe injuries, including TBIs, spinal cord injuries, and limb amputations.

In some cases, collisions with other watercraft or improper use of safety equipment contribute to these devastating outcomes.

Industrial and Construction Accidents

The city’s construction sector also experiences a significant number of workplace accidents. According to OSHA, a worker is injured every fifteen days. San Diego alone boasts 1,850 work accidents per year.

Construction is important to the city's growth but has an elevated risk of crush, fall, and machine-related accidents.

Pedestrian and Cyclist Accidents

In San Diego, numerous risks are associated with being a pedestrian or cyclist. The city releases statistics revealing that collisions seriously injure over 500 locals annually. Insufficient bike lanes and distracted driving make these groups particularly vulnerable to injury.

The city of San Diego has the highest number of bicycle collisions in San Diego County each year. But the city's most dangerous routes all lie in Escondido. The most dangerous intersections in the county for cyclists and pedestrians are as follows:

• Rose Street and Valley Parkway
• Washington Avenue and Broadway
• Valley Parkway and Midway Drive

About 10% of bicycle crashes happen at these three intersections.

Our San Diego catastrophic injury law firm uses its extensive local knowledge to meticulously handle each complex injury case. We aim to make our district safer by holding employers, drivers, and citizens accountable for their negligence.

If you or a loved one have experienced devastating injuries at the hands of another, please reach out. Our lawyers will not hesitate to review your claim. Contact us online or by phone at (619) 236-9363 for your free consultation.

The High Cost of Catastrophic Injury

Catastrophic injuries are severe by nature. They often lead to lifelong disabilities and require ongoing medical intervention. Thus, the costs of catastrophic injuries extend beyond the initial emergency care and hospital stay. Victims will need to consider the cost of:

• Loss of Income: Severe injuries prevent victims from returning to work temporarily or permanently. Many families struggle to adjust financially, especially when primary earners lose their income.
  
• Recurring Therapy Costs: Catastrophic injuries usually require ongoing therapies. These therapies assist in maintaining mobility, managing pain, and providing emotional support.
  
• Home and Vehicle Modifications: Many catastrophic injury victims require home modifications. To accommodate reduced mobility, people often request wheelchair ramps, widened doorways, stair lifts, or adapted vehicles.
  
• Medical Equipment Needs: Victims may require assistive devices for expanded mobility. These include wheelchairs, hospital beds, and communication aids, vital for life post-accident.
  

In addition to these financial and logistical challenges, there is an emotional toll. Relationships with family and friends can become strained due to caregiving responsibilities. At the same time, the injury victim often experiences a profound sense of loss, both in terms of abilities and enjoyment of life.

Accessing Financial Assistance for Catastrophic Injuries

San Diego residents can explore various assistance programs to help offset care costs. After consulting with our San Diego catastrophic injury lawyer, you should consider applying for these assistance programs:

• California Victim Compensation Board: This program offers financial support to victims of violent crime, covering medical bills, mental health services, and other expenses related to injury recovery.
• MediCal: California’s Medicaid program provides healthcare coverage to low-income residents, including those with disabilities. Medi-Cal can cover long-term care, in-home support, and rehabilitation for eligible individuals.
• San Diego Regional Center: This organization assists individuals with disabilities, including adaptive services, vocational training, and day programs designed to enhance independence.
• Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI): SSI and SSDI provide financial support to individuals who cannot work due to a disability. SSI is income-based, while SSDI is available to those with qualifying work histories.

How Can a San Diego Catastrophic Injury Lawyer Help Me?

Securing legal support after a catastrophic injury protects your right to compensation. We understand how a moment of negligence can dramatically change the course of another person's life. We will use our 40 years of experience to advocate effectively for your claim. We will:

• Conduct a Thorough Investigation: We’ll gather evidence, including accident reports, witness statements, medical records, and expert testimonies, to build a strong case demonstrating liability and the extent of your injuries.
• Calculate Full Damages: Beyond immediate medical expenses, we’ll assess long-term costs, such as rehabilitation, lost earning potential, pain and suffering, and any necessary modifications to your lifestyle or home.
• Negotiate with Insurance Companies: Insurance companies often attempt to minimize payouts. However, with our experience, we’ll negotiate assertively on your behalf to secure fair compensation reflecting your injury's full impact.
• Handle All Legal Documentation and Deadlines: Navigating legal paperwork and deadlines can be overwhelming, especially during recovery. We’ll manage all aspects of filing your claim, ensuring compliance with court requirements and keeping your case moving forward.
• Prepare for Trial, if Necessary: We are prepared to take your case to court if a fair settlement cannot be reached. With 40 years of courtroom experience, we’ll advocate for your rights and present a compelling case to the judge and jury.
• Provide Compassionate Support: Catastrophic injuries can be life-changing, and we understand the emotional toll they take. We’re here to support you every step of the way, providing guidance and updates so you can focus on recovery while we handle your legal needs.

We also pledge to provide San Diego's diverse population with equitable access to legal services. 

A language barrier should always ensure clients receive quality legal representation. That's why we provide our services in both English and Spanish. Our San Diego catastrophic injury attorney will make sure you understand your options.

What Factors May Affect My Catastrophic Injury Compensation?

These factors include the severity and permanence of your injuries, as more severe or life-altering injuries typically warrant higher compensation to account for long-term care, rehabilitation, and pain and suffering. You’ll also want your lawyers to consider state negligence laws for your claim.

Comparative Negligence Law and San Diego

The "pure comparative negligence" rule in San Diego influences the determination of fault in claims.

This rule reduces a victim's compensation based on their percentage of fault in the accident. If a San Diego court finds an injury victim 30% responsible for their accident, they can still recover damages, but that 30% will reduce their compensation.

In cases involving multiple parties, defendants may attempt to shift blame to reduce their liability. Comparative negligence defenses commonly arise in vehicle accidents. They may also appear in workplace incidents and cases involving unsafe recreational activities. Our San Diego catastrophic injuries attorney will help you understand your options.

Comparative negligence claims can be challenging, but our firm knows we can counter victim-blaming tactics with strategy and action. We minimize fault attributed to our clients with evidence, experience, and testimony.

Types of Damages Available for a Claim

In San Diego, a victim's compensation is determined by the extent of their injuries. Most compensation packages consist of various components.

• Economic damages, or tangible costs, refer to current medical bills incurred for emergency services, surgeries, and hospital stays. However, in the case of catastrophic injuries, economic damages may also cover future medical expenses. Think of the cost of rehabilitation, lost wages, or modifications to your home for your "new normal."
  
• Non-economic damages or intangible costs refer to losses that impact quality of life. Pain and suffering might be difficult to quantify, but we aim to calculate it for your claim. An injury may affect the quality of your life, leading to a lack of enjoyment. You may require counseling or therapy due to the emotional trauma you suffered. We are ready and willing to include these factors in your claim.
  

San Diego’s higher-than-average cost of living makes securing the right compensation necessary. Our attorneys work closely with clients to understand the full scope of their needs.

We will fight to maintain your family's quality of life. Our San Diego catastrophic injury lawyer carefully calculates damages to compensate victims for present and future costs fully. According to a Martindale-Nolo study, clients with representation are more likely to receive fairer compensation than those without.

Community Resources and Support Groups in San Diego

San Diego offers various support groups to cope with the effects of catastrophic injuries. These organizations provide resources valuable for navigating life after injury.

Key Community Resources:

• Access to Independence: This nonprofit supports individuals with disabilities with adaptive technology. It provides mobility aids and assistance with in-home modifications. Its services help victims maintain independence and improve their quality of life.
  
• San Diego Brain Injury Foundation: This organization provides support, education, and advocacy for individuals with TBIs. This organization is invaluable for those seeking to share their experiences with a community that understands them.
  
• Physical Therapy and Adaptive Sports Programs: Places like the Adaptive Sports and Recreation Association in San Diego promote recovery through physical therapy and adaptive sports programs.
  
• San Diego-based Home Health Care Providers: In-home health care providers offer services for those with limited mobility. They can help with daily activities and personal care. It is a wonderful option for those wanting independence while receiving support.
  

Your new normal may be a frightening journey, but you don't have to go at it alone. We will strive to establish connections with support systems that share our commitment to your recovery. You deserve dignified care no matter the circumstances.

Why Hire a San Diego Catastrophic Injuries Lawyer at Thorsnes Bartolotta McGuire

"At Thorsnes Bartolotta McGuire, we understand that a catastrophic injury changes every aspect of your life. Our hearts go out to those facing the overwhelming challenges of recovery, and we are here to stand by your side. You deserve justice and the chance to rebuild with dignity and support." 

— Vincent J. Bartolotta, Jr.

If you or a loved one has suffered a catastrophic injury in San Diego, contact Thorsnes Bartolotta McGuire. We take our work for clients seriously. With $2 billion recovered, we're confident our wealth of experience can help you get justice for your claim. Our team is passionate and compassionate. We are advocates and activists. Together, we can keep San Diego safe by holding negligent parties accountable.

Don't hesitate to contact us with any questions. To schedule a consultation, fill out our online contact form or call 619-236-9363.