When you sustain catastrophic injuries in an accident, you are likely unable to work, overwhelmed with medical bills, and scrambling to figure out how you will support your family. These heartbreaking injuries can also leave you with permanent disabilities, making you dependent on the people around you.
Catastrophic incidents can happen anytime, often due to someone’s negligence. When you get hurt badly, a Milpitas catastrophic injury lawyer can seek generous compensation for your profound losses. Contact our dedicated personal injury representatives today for help.
What Defines Catastrophic Injuries?
The American Medical Association categorizes catastrophic injuries as severe and debilitating harm to the spine, brain, or spinal cord. According to 42 United States Code § 3796b, these injuries are severe enough to prevent people from working a normal schedule in their chosen fields. Examples include:
- Traumatic brain injuries, caused by severe contact or blows to the head, impairing memory, mental ability, and consciousness
- Spine and spinal cord injuries that leave the injured party paralyzed below the traumatized area
- Severe burns that penetrate the epidermis and damage tissues, muscles, and bones, requiring multiple skin grafts and causing serious infections
- Multiple broken or crushed bones that lead to several corrective and stabilizing surgeries using pins and plates, often leaving the patient unable to use them properly
Catastrophic injuries can occur at work, at home, or while driving. When another person is responsible for the devastating accident, a diligent attorney in Milpitas can recover damages by filing a negligence lawsuit.
Negligence
Negligence lawsuits are predicated on the theory that everyone owes each other a duty to behave responsibly, ensuring the safety of others. When the defendant’s actions or omissions fall below that standard, they breach the duty. When the breach is the direct cause of the plaintiff’s injuries, the plaintiff has grounds to file a negligence claim.
Statute of Limitations
Although catastrophic injuries can occur through felonious assault, California Code of Civil Procedure 335.1 gives the injured party two years to file a negligence lawsuit when someone injures another person in an accident.
The deadline stops when the at-fault party is younger than 18, in state prison, legally insane, or is not residing in California. The pause ceases when—and if—the condition is rectified, for instance, the at-fault party turns 18. The plaintiff should consult a knowledgeable lawyer in Milpitas as soon as possible after a catastrophic injury to ensure they meet applicable filing deadlines.
Damages Available for Catastrophic Injuries Caused by Negligence
When jury members determine that the plaintiff successfully proved their case, they award compensation for economic and non-economic damages. Economic damages are verifiable costs the plaintiff has incurred or will incur in the future. Non-economic damages put a dollar value on subjective losses, such as motion, mental agility, memory, and suffering.
Punitive damages may be available, but are rare and pled separately to punish the defendant for especially egregious acts. A Milpitas attorney could collect evidence of the plaintiff’s damages resulting from a debilitating injury and demand appropriate compensation on their behalf.
A Catastrophic Injury Attorney in Milpitas is Compassionate and Tenacious
Our attorneys work with severely injured clients frequently. We understand that you need compensation to cope with your life-altering ordeal, replace your wages, and recuperate without worrying about finances. You deserve justice.
A Milpitas catastrophic injury lawyer will review police and medical reports, speak to witnesses, and consult with experts as necessary. We will calculate the amount of money you need to live comfortably while you concentrate on healing or for a lifetime, depending on your prognosis. Call today to schedule your consultation.