Catastrophic injuries are those that significantly and permanently change the injured person’s life. Severe cases also have the power to change the lives of the injured person’s loved ones, who may now have to care for them. This is where a seasoned personal injury attorney could help.
When someone else’s negligence leads to an accident, you and your family family could be entitled to money damages to compensate for your losses. Consulting with a Windsor catastrophic injury lawyer as soon as possible after an accident is the best way to protect your rights and help to ensure appropriate compensation.
When Makes an Injury Catastrophic?
Catastrophic injuries are permanent and life-altering. They impact the injured person’s ability to earn a living and might restrict where they can live, due to physical limitations. Some catastrophic injuries impair a person’s functioning to such an extent that they may no longer be able to engage in activities they previously enjoyed, participate meaningfully in family life, or manage tasks like bathing and dressing without assistance.
Catastrophic injuries can result from motor vehicle collisions, industrial accidents, medical malpractice, dangerous drugs, defective products, sports mishaps, explosions, and many other types of accidents. Examples of catastrophic injuries include:
- Loss of function of one or more limbs
- Complete or near-complete loss of eyesight or hearing
- Disfiguring burns with loss of function or severe burns to the face
- Traumatic brain injury
- Spinal cord damage
- Permanently impaired or lost functioning of a bodily system
A South Windsor catastrophic injury attorney could work with someone who has been inflicted with any of these injuries.
Proving Negligence to Claim Damages
A plaintiff who claims damages must show that the defendant was negligent. Proving negligence involves establishing that the defendant failed in an obligation to the plaintiff and the plaintiff’s injuries resulted from that failure.
If a claim for damages goes to trial, a judge or jury will allocate fault for the accident among all the parties, including the plaintiff if appropriate. According to Connecticut General Statutes §52-572o, a negligent plaintiff could collect damages as long as they are less than 50 percent at fault for the incident that caused the catastrophic injury. However, the judge will reduce their damages by an amount that reflects the plaintiff’s degree of fault. If they are more than 50 percent at fault, they are barred from recovering compensation.
A Windsor catastrophic accident lawyer could assess the possibility that a plaintiff was negligent. If so, they could present evidence indicating that the majority of the blame should be placed on the defendants, so as to preserve the largest possible award for the plaintiff.
Compensation Available to the Family
No sum of money can give a person with a catastrophic injury their old life back. However, a substantial award of damages might help them and their family move into a new life with more ease and security.
Damages aim to reimburse the medical expenses associated with the injury, including home health care, rehabilitation expenses, costs of modifying homes and vehicles to accommodate a disability, and any other expenses that are deemed necessary. Damages might include lost wages for the person and any family members who missed work so they could care for them. This could also include payment to compensate for diminished future employment opportunities.
It is possible for damages to compensate a plaintiff and their family for their intangible losses. A persuasive lawyer might argue that they deserve financial relief for pain and suffering, diminished enjoyment of life, loss of companionship, loss of consortium, and mental anguish.
Take Your Case to a Windsor Catastrophic Injury Attorney
It may take you and your family months or even years to adjust to a new lifestyle as a result of a serious accident. To have the greatest leverage with defendants and their insurance companies, it is important to seek legal advice as soon as possible after the accident. Allow a Windsor or South Windsor catastrophic injury lawyer to handle the complications around getting an appropriate financial settlement. Call today to schedule a free case review.