Most victims of personal injuries are able to make an eventual full recovery. However, some injuries are so severe that no amount of medical treatment or time may heal them. Injuries of this degree are often permanent, affecting every aspect of a person’s life. If another party’s negligence caused your debilitating harm, it is essential to understand your legal rights and to demand proper compensation for the future.
A Schertz catastrophic injury lawyer could help you pursue legal action for your harm. While compensation cannot make up for your harm, a comprehensive damages award could help you cover losses related to your injuries. To discuss your unique case with a personal injury attorney today, contact Ryan Orsatti Law.
How a Catastrophic Injury Could Affect a Person’s Life
By their very nature, a catastrophic injury is one that has a profound and permanent effect on a person’s life. This classification has nothing to do with whether a defendant is liable for those injuries but is rather a way to classify an injury as serious.
A catastrophic injury could happen in a variety of situations. A driver’s poor decision to text while behind the wheel could cause a car accident that results in spinal cord damage. A product manufacturer could use a faulty design that results in severe third-degree burns. A doctor could make an error during surgery that results in permanent brain damage. While these scenarios are very different from each other, they are similar in the fact that another party’s negligence has inflicted debilitating harm.
The core of a catastrophic injury claim is the demand for compensation to cover related costs. It is important to note that outside of physical harm, a catastrophic injury can influence a person’s ability to earn a living, cause emotional distress, and necessitate around-the-clock nursing care. A claim for damages must take these factors into account as well. A Schertz catastrophic injury attorney could help determine how an injury has changed a plaintiff’s life and create a comprehensive claim for damages that addresses all related losses.
Pursuing Claims Following Catastrophic Injuries
Whether or not an injury is catastrophic has nothing to do with assigning blame for that injury. For a claim for damages to be successful, a plaintiff must prove that a defendant’s negligence or intentional act resulted in their losses.
Most catastrophic injuries are the results of accidents. Collisions between vehicles, slips and falls, or even defective products could cause serious losses. The plaintiff must prove that the defendant’s carelessness or lack of attention was the cause of their harm. Plaintiffs should be aware of the state’s law concerning modified comparative negligence. Under Texas Civil Practice & Remedy Code §33.003, plaintiffs who are more than 50 percent to blame for an accident cannot collect any compensation, no matter how severe their losses may be. Furthermore, if a plaintiff shares some blame that is less than 50 percent, the court may reduce their award by this percentage. An attorney serving Schertz could help a plaintiff prove that another party’s negligence was the cause of their catastrophic injuries.
An attorney could also help in cases of intentional violence. While these are matters that a local criminal court may handle, this does not change a victim’s right to demand compensation in a civil lawsuit. In fact, a criminal conviction cannot require a defendant to pay monetary damage, but can serve as powerful evidence in a civil claim.
Contact a Schertz Catastrophic Injury Attorney Today
A catastrophic injury could have a permanent and profound effect on your life. If another person’s recklessness is the cause of your suffering, you have the right to pursue legal action against them. A claim for damages from the liable party could help cover medical care, lost earning capacity, and loss of quality of life.
Still, you may only collect fair compensation if you prove that another party’s actions caused your losses. Normally, this means proving that a defendant was negligent or intentionally caused the incident. A failure to do so could result in a reduced or dismissed compensation package.
From the initial investigation to gathering evidence, to handling the insurance companies and preparing a case for court, a Schertz catastrophic injury lawyer could guide you through the ensuing legal processes of your claim. There is a strict time limit to demand compensation, so do not delay. Contact Ryan Orsatti Law today.
Ryan Orsatti Law