What is a Catastrophic Injury?

March 28, 2025

What is a catastrophic injury?

A catastrophic injury for purpose of the Crime Victim Compensation Fund is defined by Oregon Administrative Rule as “a severe and debilitating long term or lifelong personal injury”. Because that definition is used for purposes of paying out from a specific pot of money for crime victims it is not applicable in all cases and our lawyers are not so strict in our definition.  Our attorneys look to that definition as a decent explanation, but we try to see beyond that.  This is because there is not a legal line of demarcation for what is catastrophic or not and if it is you that is injured it is usually a big deal even if objectively others would not consider the injury to be catastrophic.  I use this language really as shorthand for extremely serious injuries.  It could be something like losing a limb or your eyesight, it could be multiple surgeries and life-long negative effects.  In some cases the trauma of the car crash alone can haunt people for years, even to the degree of being debilitating.

Examples of a catastrophic injury include:


  • Loss of limb
  • Spinal cord injuries
  • Traumatic brain injuries
  • Loss of vision
  • Loss of hearing
  • Paralysis
  • Severe ligament or nerve damage
  • Disfigurement

Damages

While a catastrophic injury case has many of the same elements as a normal personal injury case, many of them are to a much greater extent. These include:


  • Medical treatment
  • Lost wages
  • Pain and suffering


Catastrophic injuries can additionally include:


  • Loss of earning capacity
  • Extensive medical treatment
  • Medical equipment
  • A full- or part-time caretaker
  • If a family member takes this role, then loss of earnings for them
  • Loss of enjoyment of life
  • Impact of the injury on family relationships, companionship and emotional support


All these damages can be considered for compensation as part of your catastrophic injury case.

How to get Compensated

In Oregon, if you have suffered a catastrophic injury from a car accident where the other driver was at-fault, you can sue for damages. The process will require extensive proof that the other driver was at fault.


When facing a catastrophic injury as opposed to a less severe set of damages the questions the lawyer should be asking begin to change.  Instead of being confident that PIP (personal injury protection) coverage would be sufficient to pay all the medical bills I begin to start looking for other potential payers just so that the fewest number of bills possible end up getting to the client.  Instead of asking questions about how much money can I get from an insurance company I begin to wonder if there will even be enough money to cover the harm done to the client.  We need to begin working on finding other payers in an effort to ensure that we don’t run out of money to compensate the person for their injuries.  Unfortunately, sometimes this does happen where there simply is not enough money for the catastrophically injured person to be made whole.  I dislike this scenario.

Some potential payers include:


  • A Dram Shop Litigant (a bar that served a Visibly Intoxicated Person who went on to cause a car crash)
  • A Second or Third (or more) automobile policy
  • An Umbrella Policy (A safety net type of policy that kicks in after other insurance is exhausted and damages are high)
  • An at-fault party with a lot of money

Get Help from an Oregon Car Accident Attorney

Here at Hunking Law our attorneys specialize in car collision cases and will work creatively and tirelessly to find as much money as we can to be sure our client is made whole. 


If you or a loved one has experienced a catastrophic injury, contact us here or call us at (541) 486 - 5464 to schedule a free consultation with one of our attorneys to learn how we can help you maximize your claim.

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This is an interesting question in December of 2025 to answer because the rain and the flooding is ongoing and expected to cause more disruption in the following days and weeks. These weather conditions increase the risk of car accidents, and when a crash happens in bad weather it raises important questions about liability and the extent of any driver’s negligence. I can’t speak for Washington, but if we look at the issue with the lens of the impact of weather on Negligence in Oregon it actually shows the versatility of the Common Law system and how it can adapt itself to any factual circumstance. Let’s dive right into it:
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Curious about what a car crash attorney in Eugene, OR earns? Learn about salary ranges, commissions, and what top attorneys make! People say that it is impolite to ask how much money they make. I am sure someone somewhere had a good reason to endorse and implement that rule, but personally I think it has some negative consequences that should be considered. Sometimes I think an over-emphasis on not discussing pay in a work environment can lead to gross inequalities in pay. Whereas if we were able to talk about pay, people would have the knowledge to know what other options are available to them. With that in mind there are a couple ways to answer this question: (1) Salary-Based Compensation It is possible that the car crash attorney works on a salary. In that case they likely make between $45,000 a year and $120,000 a year, not including benefits (I use those numbers because they are the lowest salary, I am aware of and the highest salary I am aware of for car crash attorneys in the Eugene, Oregon area. It could very well be that my range is way off). The benefit to the attorney of this system is that they know how much they make and how to budget based on their expected pay. The downside is that it is a fixed number and not necessarily in the person’s financial interests to do this. Personally, I would only recommend this for someone in the first year or two of practice who is still learning the ropes and has not yet built a caseload. (2) Salary Plus Commission It is possible that the car crash attorney works on a salary plus commission. In this system the salary is a floor so the attorney can pay their bills and not be worried about not being able to pay rent if they don’t generate any money, but (at least in my office) because of the floor the commission rate is lower than it would be if the person only worked on a commission. There is some alignment in this system between the attorney and the organization (because the organization needs them to generate dollars sufficient to cover their salary and benefits), and there is a backstop to ensure that the person doesn’t feel pressure to settle a case for lower than what is in the clients best interests because they always have enough salary to pay their bills, even in a down month. I personally would recommend this for someone who is in year 3-5 of practice, has built their caseload, but still isn’t confident and consistent enough to be sure they will make it on a commission only. While this will always be dependent on how much money the person brings in (which is effected by how much they want to work, and how efficient they are with their work), as a range, car accident attorneys that have worked for me in the Eugene area have made between $120,000 and $175,000 a year. (3) Commission-Only Pay It is possible that the car crash attorney works on commission only. Here, the attorney takes home money only when they generate dollars (by getting verdicts or settlements in the bank for car collision cases). Because there is no risk to the organization needing to pay dollars it does not have, and because it aligns the financial interests of the attorney with the organization and the client, I like this system a lot. The caveat with this is that the attorney should be very experienced, with a full and built caseload and confidence that they will be able to make a paycheck. In my office the attorneys that work on commission only have historically taken home the most money (by a lot) and to put it in terms of dollars the range is $400,000 to $600,000 in a year. Conclusion: Is It Worth It? I hope that sheds some light on the pay of Eugene car accident attorneys and helps whoever might be reading this gain some knowledge that they find useful. The high number that car crash attorneys can make on commission is just a percentage of the amount that they are giving back to their clients in the form of paid medical bills, property damage repair bills, and in many cases, a check directly into their bank accounts. Contact a Eugene Car Crash Attorney Call 541-HUNKING (that’s 541-486-5464) today if you were injured in a car accident in Oregon and let us help you maximize your settlement.
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