In a motor vehicle accident claim, the benefits and right to sue a tortfeasor are significantly increased if the injured person is considered to have been catastrophically injured. This is defined for both statutory accident benefits and claims against tortfeasors as follows:

• Quadriplegia or paraplegia;
• Amputation or impairment causing the loss of use of both arms;
• Amputation or impairment causing the loss of use of an arm and a leg;
• Total loss of vision in both eyes;
• Brain injury (based on Glasgow Coma Scale and Glasgow Outcome Scale);
• Physical impairments that render the claimant more than 55% impaired according to the AMA Guides to Permanent Impairment – 4th Edition;
• Psychological or psychiatric impairments that result in a person being markedly or extremely impaired according to the AMA Guides to Permanent Impairment – 4th Edition.

The last two definitions of “catastrophic impairment” cannot be assessed until at least three years have elapsed since the accident.

If a claimant suffers a catastrophic impairment, the following benefits exist or are increased:

As against a tortfeasor, claims for “health care expenses” may not be made, unless there has been a catastrophic injury.