Most Googled Questions About Catastrophic Injury Cases
Most Googled Questions About Catastrophic Injury Cases
What is a catastrophic injury and how is it different from a regular injury? In this video, Larry and Rob Mandell of Mandell Trial Lawyers break down what it means to suffer a life-altering injury, how the legal system views it, and what your rights are.
From traumatic brain injuries to complex regional pain syndrome and severe spinal damage, these aren’t injuries that simply go away. They change lives—physically, emotionally, and financially. We’ll talk about who can be held liable, how fault is determined, what role your family plays in the healing process, and how long it may take to reach a resolution.
You’ll also learn how legal fees work in catastrophic injury cases, why contingency matters, and what steps to take immediately after an accident. Whether you or someone you love is suffering from a catastrophic injury, this video will help you understand your options—and how to get the support you need.
If you or a loved one have been involved in a catastrophic injury case and need legal guidance, contact Mandell Trial Lawyers today at (818) 886-6600.
Transcript:
What Is a Catastrophic Injury?
Larry Mandell: So by definition in the dictionary, catastrophic is causing great damage and suffering. How would you define it, though, Rob, from our perspective?
Rob Mandell: Well, certainly great damage and suffering is apt. But beyond that, I think it’s something that lingers. It stays. It may improve to a certain extent, but it is definitely affecting someone’s life in a big way and it’s not going away.
What Are Examples of Catastrophic Injuries?
Larry Mandell: I’m thinking of an example where our client, he was on a scooter and somebody made a left-hand turn in an intersection and broke his leg, and it was a really bad break and they had to put in hardware. They opened it up. Internal fixation with screws and everything.
Yet what happened was he developed what’s called complex regional pain syndrome. Which is like a nerve injury. And you’re very familiar with it, I know Rob.
Rob Mandell: And that’s simplifying it to call it a nerve injury. It’s almost like an autoimmune response where the body does not recognize healing and there’s pain signals just keep getting sent to the brain and the brain doesn’t correct it. It’s a real horrible, horrible situation.
Larry Mandell: So the reason I mention that is because, yeah, you break your leg, and if it’s set right, maybe everything’s fine and you go on with your life, ultimately, and it’s not affecting you. Whereas when you have this other syndrome attached to it, which is lifelong, and there’s really no cure for it either, then it kind of morphs into being a catastrophic injury.
And what can you do for these people but make sure they have what they need? There is that other money that they can look to as a sense of justice, as a sense of righting that wrong, some kind of a sense of closure, I guess, and that’s all you can do for them. That’s right.
Rob Mandell: And oftentimes, it’s really the family in those kinds of settings, it’s the family that feels the justice and feels the closure better than the person with that injury because their life has been turned so far upside down.
Larry Mandell: You make an interesting point, though, because that catastrophic injury just doesn’t affect the person who’s injured. It affects the whole family unit.
Rob Mandell: Like a giant, what do they call that, the ripple or the butterfly effect, or whatever.
Who Is Liable for Catastrophic Injuries?
Larry Mandell: So Rob, who can be held liable for causing a catastrophic injury to one of our clients?
Rob Mandell: Well, it depends on the circumstance because some are very simple. You know, there’s a driver going down the road and they’re not paying attention and they smash into the rear of the person ahead of them and that person comes to us. Right. So that person who caused that collision is liable.
Larry Mandell: And so when we’re focusing on who’s responsible or liable, it could be the driver.
Rob Mandell: If we’re talking about a car accident.
Larry Mandell: Yeah, if we’re talking about a car accident. Or the employer of the driver. It’s called vicarious liability.
Rob Mandell: Very, very… usually. If they’re working.
Larry Mandell: And let’s say the driver is operating a vehicle that has a defect. Let’s say there’s a defect in the tire or whatever. That’s product liability.
And then let’s say that the crash occurs on a highway that…
Rob Mandell: They’re doing construction, or they didn’t quite factor on the way people might be using that highway correctly…
Larry Mandell: …and proper warning signs. So, now you’ve got a governmental entity.
So to recap, it could be an individual, could be the employer, could be a product liability, could be a governmental entity. All those possible defendants that have to be held accountable.
Rob Mandell: Or at least looked into.
Larry Mandell: Certainly.
What Do Lawyers Have to Prove in a Catastrophic Injury Case?
Rob Mandell: So, Larry, if someone—let’s just talk about a car collision again, a car crash—and someone gets very seriously hurt. What do they have to prove? Do they have to prove the other guy was negligent?
Larry Mandell: Yeah, they have to. We have to prove that someone acted below the standard of care. It could be, you know, not following the rules of the road, making an unsafe left-hand turn when cars are coming towards you, or following too close and hitting a car from behind. However…
Rob Mandell: But you’ve got to prove it. That’s the thing. We have the burden—if we’re the plaintiff, if we’re representing the person who got hurt, we have to prove the other guy, the other person—could be a woman, okay—did something wrong. They violated a vehicle code section or safe driving. Yeah, but anyway, I interrupted you.
Larry Mandell: No, it’s just that there is kind of an interesting facet of that. Let’s say somebody is driving down the street and you’re minding your own business and you’re hit from behind. Turns out that the person that hit you had a heart attack and they didn’t know anything about their heart condition beforehand. That might be considered an act of God. So even though you’re rear-ended, there is this weird exception to some of these.
Rob Mandell: Yeah. And the insurance company may say, forget it, go fish. And you’d have to, you know, that could be a tough situation.
Larry Mandell: I had a case like that. That’s why I brought it up. Although I proved that the person who had the heart attack knew about his heart condition.
Rob Mandell: Knew that they shouldn’t be driving. And that’s getting creative. That’s what it takes.
Larry Mandell: And I got those records. I got the medical records.
Can You File a Claim if You Are Partially at Fault?
Larry Mandell: So Rob, let’s say the scenario is this: the person involved in the collision is determined to be partially at fault.
Rob Mandell: Who determined this?
Larry Mandell: Well, let’s say there is an allegation of somebody being partially at fault. Can that person still file a claim against the other party?
Rob Mandell: Well, the short answer to that is, of course. And my favorite example of something like that is—I think this was one of your cases—there’s a guy going south on Las Virgenes. Malibu Canyon. And cars are coming toward him, but they’re pretty far away. And he makes a left turn.
Now you’re on the hook—if you turn left in front of somebody else, ordinarily it’s on you, it’s your fault. End of story. There’s a very catastrophic injury, though. Big crash. Why? Because there’s a guy going north who’s going about 100 miles an hour.
Larry Mandell: In his racing Porsche.
Rob Mandell: Yeah. And so, okay, yes, the left turn guy—our client—was comparatively at fault. Partially at fault. Shouldn’t be turning left unless it’s absolutely clear. But it’s not unreasonable to believe he had the time to make the turn, not realizing this guy is going that fast. And this guy is speeding so fast, he’s a menace. He’s, you know, as they say, an accident waiting to happen. And so, yeah, he’s on the hook for some of that liability. And under California law, we carve up liability. It’s not always just 100%.
Larry Mandell: Comparative negligence, we call it. So, our client may not get a full recovery, yet he or she is entitled to a recovery nonetheless.
Rob Mandell: So yeah, even if you’re partially at fault, you can file a claim and you should, you know, if you’ve had something happen to you that is affecting your life, and especially if it’s a serious or a catastrophic harm. Sometimes, even if you have the lion’s share of fault, it’s worth you filing that claim, pursuing that action because your situation is so bad.
What Should Someone Do After a Catastrophic Injury?
Rob Mandell: What do you think someone should do there in this—they’ve had this terrible event, whatever it might be, and they get a catastrophic injury. What do you think the first thing they should do is?
Larry Mandell: Well, the obvious is to get proper medical care. You know, call 911, get the ambulance, get the care.
Rob Mandell: I think most people in that setting, someone’s calling the ambulance for them.
Larry Mandell: Yeah, probably. And if you’re in a catastrophic type of situation, it’s hard to document what happened. Although we do want people to document the scene. Let’s say it’s a crash and the automobiles and their position, because I’ve had cases where photographs were taken and later it proved to be beneficial for the client, or they have a dash cam and the dash cam captures who’s at fault.
But when you’re seriously injured, in that kind of situation, there’s not much you can do. You could call family or friends and have them come out and, if you’re awake enough and aware, tell them, look, can you take some photographs of the scene or capture the witness because those witnesses become critical at times—to get the names of those witnesses.
And then ultimately maybe at a later time, because I’ve done this just recently, you surveil the area and see if there’s any video surveillance capturing what had happened, because that makes a total difference in the case.
How Long Does a Catastrophic Injury Case Take to Resolve?
Larry Mandell: So Rob, let’s say somebody is in a catastrophic situation, a catastrophic injury. How long will it take to resolve a case like that?
Rob Mandell: Well, as you know, we’re at the mercy of the courts, right? So I always tell people, look, it just depends on the circumstances because if someone is very seriously hurt and there’s an insurance policy on the other side that is clearly insufficient to cover the breadth of this loss, they’re probably going to be offering that. They’re going to be, you know, please take it. Right? So that could be a matter of a couple months.
But if you’re in for a fight, if they’re disputing liability or they dispute the amount that you’re looking for for this client, if there’s some kind of argument going on between the two sides, then you’re in the court system, you’re in litigation.
And these days, it can take a year to two years to get your trial date. And it’s just the way it is. The courts are packed. We’re in L.A. County. It’s the largest court system in the country, I believe. Maybe New York City is bigger. So maybe we’re the second largest. But it’s dozens and dozens of courts.
Larry Mandell: And I got a case right now where the judge said, well, how long ago did this occur? It was like a year and a half ago. And in that judge’s mind, he felt that that was a young case. So that cases that had been lingering for maybe three years or more are going to get their trial date first.
And it depends on the jurisdiction because I have a case locally, and that courtroom just opened up. And so the judge is saying, look, I can get you to trial within six months. It’s a brand new courtroom. Other courtrooms in the same jurisdiction, L.A. County, will say, well, we’ve got a trial date for you in 2026. It’s like, oh, well.
How Much Is My Catastrophic Injury Case Worth?
Rob Mandell: Hey Larry, so when a client comes to you and they say, hey, how much is my case worth, what do you tell them?
Larry Mandell: I tell them it’s too early to tell.
Rob Mandell: But if it’s not too early to tell.
Larry Mandell: Usually it is.
Rob Mandell: What if you’re like two weeks before trial and they ask you that?
Larry Mandell: Well, if it’s two weeks before trial, we’ve pretty much formulated what the medical expenses are, what the person has lost in income, if applicable. And then we also have the intangible, which is the pain, suffering, inconvenience, anxiety, mental suffering. Those aspects which are up for grabs, you know.
Rob Mandell: But oftentimes the most valuable part of the case.
Larry Mandell: Right. And then sometimes what we do is we compare other jury verdicts to our case. And then we have a feel for it. So at that point, I will give the client a range of what the case— but if they ask right at the beginning of the case, how much is my case worth? It’s like, I don’t know, because that person may end up having injections. Let’s say it’s a spinal injury—injections and/or surgery.
Rob Mandell: Right, down the line. Who knows what’s going to happen down the line? Or they may wake up one day and feel perfectly fine, which is great. I always wish that for somebody, but that’s how the value— I hate to say it, but the value of someone’s case often depends on how miserable they are and how terrible their situation really is.
Larry Mandell: And how it’s affected quality of life.
Rob Mandell: How does it affect their quality of life, their ability to earn income? So all those things are put into the mix.
How Much Does It Cost to Hire a Catastrophic Injury Attorney?
Larry Mandell: So, Rob, somebody’s involved in a catastrophic injury and the attorney fee—what does it cost to hire an attorney to champion on behalf of that person?
Rob Mandell: Well, it really should, in essence, in reality, cost nothing. It should cost zero. And you know what I’m talking about, but I’ll explain this.
When you hire lawyers like us, we work on a contingency fee. We don’t get paid by the hour. We only get paid if we have a successful resolution of the case for our client. And so what does that cost? It depends on the value of the case because we’re getting a percentage at the end of the case.
But in the interim, we’re not just working for nothing as we go along and investing hours and dozens and dozens of man-hours and woman-hours. But we’re also investing money because to do a very serious case like a brain injury case, like a case where someone can’t walk anymore or is relegated to a bed or they even have that terrible pain disorder you were talking about before, you need experts. Those experts cost thousands and thousands of dollars each.
Sometimes you need accident reconstructionists to put the thing together, engineers. They may want to do animations so they can explore, or you may need medical animations or medical illustrations.
Maybe there’s multiple witnesses or people you’ve got to talk to. You’ve got to take their deposition. Maybe some of them you want to do video of.
All of that costs a ton of money. So it’s not uncommon for us to invest six figures, multiple six figures in a very serious case. Sometimes you could have half a million dollars or so in a very serious catastrophic case. And it’s okay, we don’t mind doing it. We’re happy to do it, we’re willing to do it, and we have the means to do it.
Larry Mandell: We do it on a contingency.
Rob Mandell: So what are we charging? We’re charging a percentage and putting in money, all on the premise that we’re going to win and we’re going to get a good result for that person. Along the line it costs them nothing.
Larry Mandell: I see. And tell me if you agree with this. The reason that it’s done on a contingency or percentage basis as opposed to hourly is, in my mind—and tell me if you agree—is that a person who is injured, especially in a catastrophic setting, how are they going to pay for a lawyer on an hourly basis?
Rob Mandell: They cannot. I mean there may be 1 out of 100 that could maybe afford to pay a lawyer, but I don’t know, maybe not even then, you know?
Larry Mandell: So this is our way of giving somebody legal representation and making sure that their rights are protected.
Rob Mandell: Give them a fighting chance. You know, if you can’t find a lawyer who’s willing to invest their time and their money in your case without you doing anything but trying to get well and trying to get better, then you don’t have the right lawyer. You know, and I can’t really think of any lawyer that does what we do that doesn’t have that same setup. But that’s the way it is and that’s the way it should be.
Why Doesn’t Mandell Trail Lawyers Advertise on Billboards?
Larry Mandell: So Rob, you can drive down any street and you see lawyer billboards. Why doesn’t our firm have billboards like that?
Rob Mandell: I mean, that’s really just not our bag. We are a community law firm, a boutique law firm, as you might say. We’ve been here for many, many years. We have this vast array of people that we’ve served in the community throughout the Los Angeles area and Southern California. And I think we would just rather get our business through word of mouth, through referrals from people that know who we are and know the quality of the services we provide.
Larry Mandell: And we get referrals from other attorneys too that perhaps don’t want to litigate the case and go to trial.
Rob Mandell: All kinds of people like that that just know us, you know. So we just don’t feel the need. I’ve never felt the need to have billboards or TV ads. Look, all the power to them, right? You know, if that’s what those kinds of firms want to do, that’s great. That’s good for them. It’s just not who we are.
Larry Mandell: Right. I think you lose a little bit of the personal touch by doing that. And we want the personal touch.
Rob Mandell: We want to know our clients. I want to know their stories intimately. I want them to be someone who feels comfortable if they or someone they know or love finds themselves in that situation again, feels very comfortable coming back to us.
Larry Mandell: If they trust us and they know that we’re sincere and that we’re going to work as hard as we can to get them the result that they deserve.
Rob Mandell: So word of mouth. That’s what I think works for us.
