CAUSES OF CATASTROPHIC PERSONAL INJURY
ABOUT CATASTROPHIC PERSONAL INJURY
CATASTROPHIC PERSONAL INJURY
WHAT IT IS
Catastrophic Personal injury is characterized by a party’s negligence that causes sustained permanent damage for the victim. The injury may not always be physically permanent, but other consequences must be lasting. Three factors determine a case’s validity:
- The consequences the victim suffers must trace back to his or her injury. These consequences can be financial, vocational, familial, mental, emotional or physical.
- The injury must also be catastrophic, such as requiring constant surgeries or medical visits, disfigurement, difficulty living independently or other impairments to everyday life.
- There must be a liable party.
Due to this injury’s devastating nature, juries tend to lend sympathy to either party depending on their personal experiences, so it is important to hire a law firm that can litigate your case and communicate your story well. No matter the cause of the injury, we surround ourselves with people who are experts in determining what went wrong. Then, we enlist the services of economists and life care planners to assist us in placing a fair value on the case. And then, what may be most important, we gather the information necessary to communicate to the insurance company or jury, the full extent of the impact of the loss on the accident victim and his or her family.
WHAT IT LOOKS LIKE
The causes of a catastrophic personal injury vary, but anyone who experiences an injury with a lasting, debilitating or deforming injury due to another party’s negligence may have a case. The injury often stems from a brain or spinal injury that impedes the victim’s ability to function. This affects their physical and mental capabilities in a variety of ways. Other injuries include loss of limbs, severe burns and mobility inhibitions, while others still are more case-specific.
Examples of possible incidents include a trucking or automobile accident, an airplane or train crash, loss due to a defective product or inadequate medical care. According to the National Safety Council (NSC), there were 48.3 million injuries in the United States during 2019 costing $1.0979 trillion to treat.
THE BOTTOM LINE
We believe that it’s important to give serious consideration to the credentials and experience of a lawyer and law firm before hiring them. We know the losses victims suffer extend not only to the injured person but also to their loved ones. These losses can be life-altering, and for this reason, we take our responsibility to represent you very seriously.
Laws and Limitations
CATASTROPHIC INJURY STATUTE OF LIMITATIONS
Every catastrophic personal injury attorney must abide by a stringent set of guidelines set by the Statute of Limitations, no matter the state in which they work. While this affects the attorneys, it also affects the plaintiff. As someone who may have experienced a catastrophic personal injury, you deserve to understand how the Statute of Limitations affects you.
The first guideline is a limit on the amount of time that passes after an incident before it’s too late to file a lawsuit for negligence, including when it results in catastrophic personal injury. The victim or a loved one must file a claim within two years of the injury. Exceptions include instances when the victim has a legal disability or is a minor, or instances when the supposed offender hides their liability. Claims made against the state must be made even sooner. Victims have 270 days to file against the state and 180 days to file against smaller government entities.
The modified comparative fault rule in Indiana and many other states mandate that any plaintiff that bears at least 51 percent of the blame for their injury cannot secure compensation. If the plaintiff’s fault is below that number, they can secure a settlement. In this case, their settlement will still correlate with the defendant’s percentage of fault. If the defendant holds 40 percent of the fault, the plaintiff will receive 40 [percent of their damages.
Every state enforces a form of comparative fault or negligence. Some abide by pure contributory negligence, which dictates that if the plaintiff holds any of the blame, they cannot receive compensation. Others adopted pure comparative fault, which states that a person with most of the fault is still able to collect damages. South Dakota is the only state to adopt the slight/gross negligence comparative fault system, a rule that determines a plaintiff’s liability for receiving compensation on whether their negligence is, at the most, slight, and the defendant’s is gross.
THE BOTTOM LINE
The attorneys at Montross Miller are skilled at working with these laws and limitations as we strive to secure the best possible compensation for our clients to reset the trajectory of their lives.
Cases involving personal injury and suffering require urgency to ensure that victims can afford medical bills and other costs that may come with their injuries. Our catastrophic personal injury attorneys work with both urgency and precision to recover your losses in every way possible. We enlist the services of economists and life care planners to assist us in placing a fair value on each case. Compensation must match ALL damages, no matter the category so long as it is legally recognized. This includes loss of ability to enjoy life. Skilled law firms understand that every damage the victim has sustained must be compensated. A victim’s age and occupational capacity are two factors besides medical and physical damages that can entitle plaintiffs to larger settlements. If you believe you or a loved one is suffering from a catastrophic personal injury, contact us for a free case evaluation.