Injuries we handle
Traumatic brain injury (TBI)
TBI ranges from concussion to severe brain damage. Even "mild" TBI can cause lasting problems with memory, concentration, mood, sleep and headaches, and it often does not show up on a standard CT scan. Proving it may require neuropsychological testing, advanced imaging and testimony from people who knew you before and after the injury.
Spinal cord injuries and serious back and neck injuries
Spinal cord damage can cause partial or complete paralysis. Herniated discs and vertebral fractures can require surgery and leave permanent limitations. Future surgeries, therapy, equipment and home modifications must be part of the claim.
Burn injuries
Severe burns from vehicle fires, explosions or defective products can require repeated surgeries and grafts, and leave lasting scarring and disfigurement.
Amputations, multiple fractures and internal injuries
Injuries that cause permanent loss of function, chronic pain or inability to return to work.
Proving the full value of a catastrophic claim
The biggest risk in a catastrophic case is settling for the costs you can see today. A complete claim may require:
- A life care plan detailing future medical care, therapy, equipment, medications and attendant care
- Economic analysis of lost earnings and lost earning capacity over a working lifetime
- Medical specialists to explain prognosis and future needs
- Vocational evidence about what work, if any, remains possible
- Testimony from family and friends about the change in daily life
State law differences
California
California does not cap damages in ordinary injury cases. (The MICRA cap applies to medical malpractice, not to vehicle or premises cases.) Past medical damages are generally limited to amounts actually paid or owed. Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 With several defendants, each pays non-economic damages only in proportion to its fault. Cal. Civ. Code § 1431.2
Arizona
The Arizona Constitution prohibits laws limiting the amount of damages for injury or death. Ariz. Const. art. 2, § 31 Liability is generally several, and defendants may blame nonparties, so identifying every responsible party is critical. A.R.S. § 12-2506
Insurance in catastrophic cases
Catastrophic damages usually exceed a single auto policy. Eli looks for every source: commercial and employer policies, umbrella and excess policies, rideshare coverage, your own UM/UIM coverage, and product manufacturers. Health insurers, Medicare, Medi-Cal or AHCCCS may assert liens or reimbursement claims that must be resolved, and long-term planning may involve structured settlements or protecting eligibility for public benefits.
Living with the case while you recover
Catastrophic cases take time, because the full picture of an injury often isn't clear until treatment stabilizes. Eli keeps you informed directly, coordinates the records and experts, and does not push you to settle before your future needs are understood.
Videos: protecting a serious injury claim
About to Accept That $20,000 Settlement? Watch This First.
Why it pays to understand the full value of your claim before accepting an early settlement offer.
Watch Before You Sign! Car Accident Settlement Offer?
Early settlement offers can arrive before you know your future treatment needs, lost income or other damages. What to consider before you sign.
Your Instagram, TikTok, or Facebook could hurt your personal injury claim.
How photos, check-ins and posts on Instagram, TikTok or Facebook can be used to question an injury claim.
POV: Your Injury Client Posts THIS During Settlement Talks 😭
A lighthearted reminder that social media posts can be taken out of context during settlement negotiations.
Catastrophic injury FAQ
Should I settle before I know my long-term prognosis?
Usually not. Once you sign a release, you cannot reopen the claim if your condition proves worse than expected. But deadlines still apply, so a lawsuit may need to be filed while treatment continues.
How are future medical costs proven?
Typically through treating physicians, a life care planner and an economist who calculates present value, supported by your medical records.
What if my injury was caused by a defective product?
The manufacturer and others in the chain of distribution may be responsible. See defective products.
This page explains general rules of California and Arizona law. It is not legal advice, laws change, and every case depends on its own facts. Reading it or contacting the firm does not create an attorney-client relationship.
