Orange County Catastrophic Injury Attorney

California law has no single definition. The term usually describes an injury that permanently changes a person’s ability to work, move, think, or care for themselves, such as paralysis, an amputation, a severe brain injury, or serious burns. The legal rules are the same as in any injury case. What changes is the evidence and the amount at stake, because the claim must account for future medical care, lost earning capacity, and lasting pain and limitation.

A life-care plan is an itemized projection of the medical care, therapy, equipment, home and vehicle changes, and attendant care an injured person is expected to need, with costs. It is usually prepared with the treating doctors’ input and presented through qualified witnesses. Not every case needs one, but when an injury is permanent, it is often the clearest way to show a jury or an insurer what future care will cost.

A California auto policy issued or renewed since January 1, 2025, may carry as little as $30,000 for injury to one person, or $50,000 if issued or renewed from January 1, 2035 (Vehicle Code § 16056), far below the cost of a lifetime of care. Other sources may include the driver’s employer, a vehicle or product manufacturer, a property owner, a public agency responsible for a dangerous road, and your own underinsured motorist coverage. Bring every auto, umbrella, and household policy to the consultation so each one can be reviewed.

Usually, yes. Medi-Cal has a right to recover the reasonable value of injury-related benefits it provided, limited to the part of the recovery that represents medical expenses (Welfare and Institutions Code §§ 14124.71, 14124.76). Medicare’s conditional payments must be reimbursed from a settlement, judgment, or award. Hospitals and health plans may also claim liens or reimbursement. These claims are identified and negotiated as part of the case, before the net recovery is paid.

A settlement of a child’s claim generally needs court approval (Probate Code § 3500). For a minor or a person with a disability, the court can also order the money paid into a special needs trust, which it reviews and approves (§ 3604). Federal Medicaid law recognizes such a trust for a disabled person under 65 when the state is repaid from what remains at death (42 U.S.C. § 1396p(d)(4)(A)). Planning for this early helps protect both the recovery and future benefits.

Most injury lawsuits must be filed within two years under Code of Civil Procedure § 335.1, and for a minor that time generally does not run until age 18 (§ 352(a)). A claim against a public agency, such as a city, the County of Orange, or a school district, generally must be presented in writing within six months under Government Code § 911.2, even for a child (Code of Civil Procedure § 352(b)). Medical malpractice has separate deadlines and a limit on non-economic damages (Civil Code § 3333.2). Confirm your dates early.