Catastrophic injuries are defined as those which leave people with serious and permanent disabilities. These injuries could have a long-term impact on their lifestyle and quality of life for many years to come, and in many instances, the disability may be lifelong.
If you or a person you care about is suffering from a catastrophic injury sustained in an accident they did not cause, contact an experienced attorney for help with pursuing a claim or lawsuit for compensation. A Marksville catastrophic injury lawyer could determine your eligibility, explain every step of the process, and help you obtain a favorable settlement or jury verdict.
What is a Catastrophic Injury?
Catastrophic injuries can take various forms: spinal cord injury, head injury, burn injury, amputation, scarring, or paralysis. An accident victim could sustain any one of these injuries in a motor vehicle accident, construction accident, workplace accident, through medical malpractice or negligence, or even an intentional criminal act.
When an accident victim makes a claim for a catastrophic personal injury, they must demonstrate a causal connection between the accident and their injury. The accident, therefore, must be a cause of the catastrophic injury from which the accident victim suffers. Sometimes, a medical expert may need to establish this connection and speak to the condition’s permanency.
Filing a Catastrophic Injury Claim in Marksville
Victims of catastrophic injuries have the right to file a claim or lawsuit against the at-fault person or entity. In the case of a motor vehicle, pedestrian, or bicycle accident, the accident victim could file a claim against the at-fault driver. For example, if the driver breaks a traffic law, engages in careless or distracted driving, or operates their motor vehicle while intoxicated, they could be considered legally at-fault and therefore liable for damages.
If the accident victim sustains their injury while they are on the job and within the scope of their employment, they might be eligible to file a claim for workers’ compensation. Additionally, if an accident victim suffers a catastrophic injury because of a defective product, the accident victim could file a claim against the product manufacturer. A Marksville catastrophic injury attorney could review specific accident circumstances and help a plaintiff determine which kind of claim to file and who to file their claim against.
Potential Recoverable Damages in Catastrophic Injury Cases
By definition, catastrophic injuries sustained in an accident are life-changing ordeals. Although the associated costs for medical treatment can be significant, catastrophic injuries can also necessitate compensation for loss of job earnings, loss of quality of life, and pain and suffering endured.
Catastrophic injuries can also have a permanent impact on an accident victim’s nervous system and could preclude them from being able to care for themselves. In those instances, the accident victim could be eligible for a compensation package that includes lifetime around-the-clock care.
Finally, the accident victim could seek to recover the anticipated costs of future medical procedures. A catastrophic injury lawyer in Marksville could work with a potential plaintiff to identify all their recoverable losses and seek appropriate financial restitution for them.
Avoyelles Parish Catastrophic Injury Lawyer
What Are Catastrophic Injuries?
By most definitions, a catastrophic injury is one that impairs the victim to the extent that they are no longer able to work for a living. These injuries often require extensive medical and long-term life care, as victims may be unable to perform day-to-day tasks. Subsequently, individuals who suffer these types of injuries may have high medical expenses and no way to earn a wage.
Examples of common catastrophic injuries include:
- Traumatic brain damage
- Spinal cord damage that results in partial or total paralysis
- Injuries that result in the loss of a limb, vision, or hearing
- Injuries that result in permanent damage to or loss of function of an organ
- Severe burn injuries causing scarring or disfigurement
With the representation of an Avoyelles Parish catastrophic injury attorney, victims may be able to recover compensation to help cover their medical and long-term care expenses, as well as their past and future lost wages and their pain and suffering. Additionally, Louisiana does not cap or limit the amount of compensation a civil plaintiff could receive for either economic or non-economic damages.
Applying Comparative Negligence in Avoyelles Parish
In many civil cases, the defendant will introduce the concept of comparative negligence in an attempt to minimize or avoid liability. When this occurs, the court must consider the possibility that the plaintiff bears some fault in causing their own injuries under Louisiana Civil Code §2323.
A plaintiff found partially liable for their own accident could still receive damages, but they would be reduced by their percentage of liability. For example, if the court finds a plaintiff 30 percent liable, they could only recover for 70 percent of their damages at most. Plaintiffs who hire a seasoned catastrophic injury lawyer in Avoyelles Parish to handle their case may be able to maximize the compensation they receive.
Call a Marksville Catastrophic Injury Attorney Today
If you or a family member you love experienced a catastrophic injury in a serious accident, you should not delay in seeking compensation from the at-fault party. Insurance companies are almost never on the accident victim’s side in a catastrophic personal injury case, but a Marksville catastrophic injury lawyer could help with challenging the at-fault person’s insurer and pursuing the damage award you deserve. Call today to get started.
Contact us for help today at (337) 777-7777.