How to Classify Catastrophic Injuries? What Can I Claim?

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Individuals have the right to sue another party when they suffer an injury through no fault of their own. They do so by filing a lawsuit against the responsible party or parties. When a person has sustained a catastrophic injury, they need to work with an attorney to ensure they get all compensation they are entitled to and achieve the highest quality of life possible with the injuries they sustained. 

What is a Catastrophic Injury? 

A catastrophic injury is one in which the victim becomes permanently disabled or disfigured as a result of the incident. The severe injuries typically lead to long-term medical problems and the accompanying financial strain. One thing a person may look to when determining whether they have suffered a catastrophic injury is whether they will be able to work again. According to Hughey Law Firm, if they cannot return to work, the injury is likely catastrophic. 

A traumatic brain injury may qualify as a catastrophic injury, but it isn’t the only one. Amputation of one or more limbs following an accident serves as an example of an injury that falls into this category, with a burn injury leading to multiple skin graft surgeries being another. Any accident that leaves a person blind will likely be viewed as a catastrophic injury. 

Severe injuries include burns that permanently disfigure the victim and may lead to physical impairment. Spinal cord injuries, as the spine can’t fix itself, and crushing injuries that may require amputation fall into this category. Toxic exposure often comes with permanent effects, and animal attacks can lead to physical and emotional trauma, thus they are considered catastrophic injuries. 

A Catastrophic Injury Claim

Men and women understand they can sue the responsible party for any medical bills they incur. However, the victim may be entitled to other compensation. The individual responsible for the injury should pay compensation for the victim’s inability to work as well as reimburse the victim for any property damage resulting from the incident. Finally, a victim may seek compensation for the pain and suffering they are experiencing thanks to the accident.

In certain cases, punitive damages could be awarded. If the victim proves the defendant intentionally harmed them or was committing a crime when the injury occurred, civil damages may be awarded. Speak to an attorney to determine if these damages should be pursued. 

Proving Fault

Before compensation will be awarded, the victim must show the other party caused the accident that led to the catastrophic injury. An attorney is of great help as you pursue this goal. The attorney assists the client in gathering the evidence needed to prove the claim. Furthermore, they work to identify all parties responsible for the accident. If the victim cannot show fault on the part of the other person, the claim will go nowhere. How can a person prove the other party acted in a negligent manner? 

First, the victim must prove that the defendant had a duty of care in the situation. Only then can they show this duty of care was breached during the incident. A person must act reasonably in the situation, and the victim needs to show the defendant did not do so. 

A person cannot sue another party unless they can show they suffered actual harm. When the accident led to a catastrophic injury, proving this harm takes little effort. Finally, the victim must show that these damages were a direct result of the defendant’s actions and can not be attributed to another cause. 

Get the Help You Need

Any person who has suffered a catastrophic injury as a result of another person’s actions should contact an attorney for help in resolving the manner. The attorney protects the rights of the victim while seeking the appropriate compensation. This help becomes priceless as the case moves forward and the victim works to recover and achieve the highest quality of life possible with the injuries that were sustained. The attorney takes the burden of holding the responsible party accountable so the victim doesn’t have to handle this task. 

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