By nature, catastrophic injuries are life-altering. In the wake of such an injury, you may have difficulty performing mundane daily activities such as walking and moving, attending to your own care, and performing household chores. If someone else’s negligence caused your injury, a Kenneth City catastrophic injury lawyer could help you fight for compensation and justice. By working with a personal injury lawyer, you could protect your rights and aggressively negotiate with insurance companies.
In Kenneth City, How Are Catastrophic Injuries Defined?
Catastrophic injuries differ from regular injuries because victims are not only hurt, but they are often incapacitated or face permanent changes to their life and wellbeing. They may be unable to work or properly care for themselves. Catastrophic injuries include brain and spinal cord damage, multiple broken bones, and severe damage to the skin from burns. These damages may be caused by particularly terrible accidents such as vehicle crashes, sports injuries, or falls.
A local personal injury attorney experienced in handling severe trauma cases could help determine the party or parties who are responsible for a victim’s suffering and file suit against them to recover damages. Some common examples of catastrophic injuries include:
- Traumatic brain injuries
- Paralysis from injury to the spinal cord
- Gunshots and knife wounds incurred through a criminal act
- Loss of sight, hearing, speech, smell, taste, or touch
- Loss of an arm, leg, foot, hand, fingers, or toes
- Damage to the heart or other organs
- Severe burns
Three Catastrophic Injury Claims
Catastrophic injuries often fall under the tort of negligence, although some laws are different for three common claims. The Florida statute of limitations for a personal injury negligence action is four years, but for a medical malpractice action, plaintiffs only have two years. Three major claims are negligence in the case of auto, truck, and other vehicle accidents; medical malpractice, a form of negligence in which health care professionals are reckless or careless, and premises liability, in which an owner or manager of a property was negligent.
Parties That May Be at Fault for a Catastrophic Injury
Attorneys building catastrophic injury cases must identify the party or parties to hold responsible for the negligent act that precipitated the injury. Often, an attorney will pursue a case against a combination of sources to make sure the victim receives just compensation. For example, a negligent motorist driving drunk could be sued if an insurance payout is not adequate. The restaurant and bartender that served the drunk driver could also be held accountable if they knew the driver had an alcohol addiction. A local catastrophic injury attorney can help maneuver through the intricacies of negligence laws. Besides negligent motorists, other parties that may bear fault include:
Employers
Employers have a responsibility to provide safe working conditions and ensure employees are trained for the jobs they do. If an employee sustains a catastrophic injury on the job such as severe burns from a chemical spill, an employer may be held accountable and made to pay damages. In many cases, workers’ compensation insurance is available, but if this insurance does not cover the lifelong care the employee may need, a personal injury lawsuit may be necessary.
Business Owners
Business owners who invite the public to their establishments are expected to maintain a hazard-free environment. If a catastrophic injury occurs on the premises, such as a severe fall from slippery liquid left on the floor, the owner may be liable for damages.
Medical Professionals
Catastrophic injuries can occur when medical professionals shirk their duties in surgery, in a misdiagnosis, and daily hospital care. A hospital that employs negligent doctors and staff may be held liable if a patient suffers severe trauma.
School Districts and School Personnel
Parents entrust their children to the care and safety a school should provide during class time and for school functions, including sports activities. If a student suffers a catastrophic injury due to the negligence of school personnel, a local attorney could seek justice for the victim.
Contact a Kenneth City Catastrophic Injury Attorney
Florida laws surrounding catastrophic injuries are nuanced, and if you do not understand them completely, you could risk making mistakes that will preclude you from receiving the monetary damages you need and deserve. Contact a Kenneth City catastrophic injury attorney today to review your options if you are suffering after a life-threatening accident.
