The term “catastrophic injury” is reserved for those wounds that are so severe that they alter your life forever. These debilitating injuries can lead to a loss of mobility, motor control, or cognitive abilities. Many catastrophic injuries require a lifetime of constant care and assistance.
If you are living with a major injury, you have the right to pursue legal action against the person responsible. With the guidance of a dedicated personal injury attorney, you could obtain a monetary award for your injuries. Discuss your options with a Jonesboro catastrophic injury lawyer who could provide insight into the compensation that might be available in your case.
Types of Catastrophic Injury Cases
Categorizing an injury as catastrophic has more to do with the severity of the harm, rather than the nature of the injury or how it happened. There are many injuries that vary in degrees, meaning they will not always be catastrophic in nature. Some common examples of catastrophic injuries include:
Some of these injuries are more likely to have permanent consequences than others. For that reason, most injuries involving paralysis or spinal damage are considered severe. While brain injuries are never minor, a full recovery can be possible for some people.
Burn injuries have the largest variance out of this list. Burns can be minor or they can be life-altering. Severe burns can lead to chronic pain, scarring, physical disabilities, and even death.
It is always a good idea to consult with a Jonesboro major injury attorney before pursuing a claim since they are often complex. The right attorney could remove the stress from pursuing these claims and protect the legal rights of the injured party in the process.
The Burden of Proving Negligence
Despite their severity, a plaintiff must prove a catastrophic injury claim in the same manner as any other negligence case. To obtain monetary compensation, an injured person has to meet the basic elements of negligence.
There are four basic elements to establishing negligence in a catastrophic injury case. The first involves demonstrating that the defendant owed a duty of care to the plaintiff. Proving the duty of care existed is challenging in some cases and straight-forward in others. For example, there is more that goes into establishing that a property owner owed a duty to a trespasser compared to the duty one motorist owes another.
Once a plaintiff and their local catastrophic injury attorney establish a duty of care in a case, their next step is to prove a breach. Breaching the duty of care could involve intentional, careless, or reckless acts.
Monetary damages are only available for losses that are causally linked to a defendant’s breached duty. Known as causation, this element requires a plaintiff to show any compensation they seek is tied directly to the defendant’s breach. Finally, a successful catastrophic injury claim requires proof of damages. These could include the cost of in-home care, income replacement, pain and suffering, or medical expenses.
Speak with a Jonesboro Catastrophic Injury Attorney Right Away
Suffering a catastrophic injury could turn your life upside down. The harm that they inflict could cost you your livelihood and your independence. When a catastrophic injury occurs from the negligent acts of another person, you have the right to hold them accountable. A Jonesboro catastrophic injury lawyer could serve as your advocate and pursue an injury claim on your behalf. Begin the claims process by scheduling a confidential consultation today.