What Are Catastrophic Injury Cases?

Car Accident Lawyer

One devastating injury sustained in an accident can change lives in an instant. One moment a person is driving to work, then suddenly they are unable to care for themselves and live on their own. In addition to the disabling circumstances, victims and their families are burdened with ongoing medical bills and long-term pain and suffering. If you are an accident victim who has sustained severe injuries, you might want to learn more about catastrophic injury liability.

A car accident lawyer such as Daniel E. Stuart at Daniel E. Stuart, P.A. can help you understand more details regarding catastrophic injury cases. 

What Is A Catastrophic Injury?

As a legal term, the word “catastrophic” describes a high severity level of accident injuries. Generally, a catastrophic injury causes some degree of permanent disability, requires lifetime care and/or could cause early death. The affected areas of the body causing catastrophic injuries are:

  • Spine
  • Spinal cord
  • Brain
  • Skull or spinal fractures

Catastrophic injuries can also result in the following:

  • Paralysis
  • Blindness
  • Disfigurement
  • Loss of limbs
  • Severe burns

How Is Liability Determined?

As in any personal injury case, one person or entity is usually designated at fault for causing the accident resulting in the injury. In some cases, there could be shared responsibility among multiple individuals or entities. During the investigation, lawyers will work to figure out which party is most liable or negligent. To demonstrate negligence, your personal injury attorney must prove:

  • Someone did not perform their duty to protect the injured person.
  • The liable person did not perform duties in a reasonable manner.
  • The injured person suffered damages.

Even if the injured person was partly to blame, he or she will still be able to receive damages. In most states, when there are multiple defendants in a personal injury case, one party is designated as most liable. The plaintiff then files a claim with that person’s insurance company.

What Are Some Examples of Catastrophic Injury Liability?

There are several types of accidents that can result in catastrophic injury: car accidents, slip and fall events, medical malpractice, and workplace injuries. For example, impaired drivers can cause accidents resulting in catastrophic injuries to other drivers or pedestrians. A doctor can be held liable for a catastrophic injury if they prescribed the wrong treatment or misdiagnosed a patient. If a property owner failed to fix a cracked sidewalk, and it caused the injured person to slip and fall, he or she can be held responsible. When investigating workplace injuries, lawyers might find an employer negligent for not maintaining a safe workplace.

Experts advise proceeding carefully in catastrophic injury claims since there are high damage amounts at stake. Call a personal injury lawyer to guide you through this stressful and complex process.

January 21st, 2022|Uncategorized|