While many injuries heal over time, traumatic harm can have a permanent impact on someone. These are commonly known as catastrophic injuries.
Catastrophic injuries can alter a person’s personal and professional life. This can be due to physical disabilities, chronic pain, or the inability to maintain employment. For many people suffering from catastrophic injuries, it could be impossible for them to perform daily tasks. They may require permanent medical care that could quickly become expensive.
A Montgomery County catastrophic injury lawyer could help you pursue compensation for these substantial costs. If you were injured due to the negligence of another individual, a hard-working personal injury attorney could guide you during the claims process.
Examples of Devastating Losses
There is no formal definition of a catastrophic injury under state law. However, these injuries generally involve permanent or long-term consequences or disabilities. Understanding these traumatic injuries can help an injured Montgomery County resident assist their attorney in building a successful claim. Common catastrophic injuries include:
- Brain damage
- Spinal cord trauma
- Compound fractures
Given the devastating impact these injuries can have on a person’s life, it is vital that they seek legal counsel immediately. With skilled legal guidance, it could be possible to recover compensation for these injuries.
How is Negligence Proven in a Traumatic Injury Claim?
For a Montgomery County attorney, proving a catastrophic injury requires them to prove a defendant’s negligence. Negligence occurs when a person carelessly, recklessly, or intentionally harms another.
There are four elements required to prove negligence in a civil claim. First, it must be proven that the defendant owed the plaintiff a duty of care. Second, a claimant must establish this duty was violated. The third step requires proving a connection between the violated duty and the plaintiff’s injuries. Finally, these injuries must qualify as compensable damages.
Negligence differs across different types of devastating accidents. For example, the duty owed in a catastrophic car accident could be different from that in a fall while visiting another’s property.
Proving a causal link between an accident and a traumatic injury can also be a challenge. Therefore, it is imperative for a person suffering from devastating harm to seek an experienced and accomplished injury attorney in Montgomery County to ensure this connection is proven.
Impact of Shared Fault on a Case
Negligence in a catastrophic injury case is not always clear. In some instances, the injured person could be partially responsible for the accident. In a vehicle crash, a claimant could be held partially liable if they were speeding before the crash.
In this situation, the courts apply a doctrine known as modified comparative negligence. This standard bars a plaintiff from recovering damages if their degree of responsibility is more than the defendant’s. If it is less, the plaintiff may still recover compensation. However, the court will reduce the claimant’s damage award by the degree of their fault. This could greatly reduce the compensation in a catastrophic injury case.
Get in Touch with a Montgomery County Catastrophic Injury Attorney
A catastrophic injury claim can be a difficult and lengthy process, and attempting to handle it alone could make it far more difficult. When you work with skilled legal counsel, your chances of success may increase substantially.
A Montgomery County catastrophic injury lawyer has the experience and legal knowledge that could give you an advantage during the litigation process. To move forward with a claim, set up your free initial consultation today.