Important Elements of Catastrophic Injury Claims

You’re driving home from work when suddenly, your car is broadsided by a large truck. You wake up in the hospital surrounded by doctors and nurses. You may never work or walk again. You may need daily care for the rest of your life. You may be entitled to compensation from the party who caused your injury. Call a Bradenton lawyer for a free evaluation of your case.

Catastrophic Injuries

Catastrophic injuries are permanent and life-changing. They include the following:

  • Traumatic brain injuries: Your head strikes an object during an accident. You suffer headaches, can’t concentrate, and undergo personality changes. You lose your ability to work and cope with life.
  • Spinal cord injuries: A vehicle hits your motorcycle. The motorcycle falls on you. You injure your spinal cord. You may be paralyzed or have to go through months of therapy.
  • Burn injuries: A defective stove catches on fire, and you receive burns over most of your body. The burns cause severe pain, you have to undergo several skin grafts, and you’re left with permanent scarring.

Proving Liability

A personal injury lawyer in Bradenton, FL, can investigate your case and determine the cause of your accident. To recover in a personal injury case, you must show someone owed you a duty, the person breached that duty, the person’s conduct caused the accident, and you suffered an injury. For example, you can show a driver was at fault because he or she was driving over the speed limit, ran a red light, was intoxicated, or was texting at the time of the accident.

Other types of accidents may result in catastrophic injuries. You may slip and fall on water on the floor of a grocery store and hit your head on the floor. To prove liability on the part of the store, you must show the operator of the store or an employee knew or should have known about the water on the floor and failed to warn you of the hazard.

A defective product, like a clothes dryer, can cause a catastrophic injury. You can sue the manufacturer of the product to recover compensation.

Proving Damages

You can recover your medical expenses and lost wages from the party who caused your accident. You can also get the cost of medication, therapy, or constant care made necessary by the accident. You can get the cost of medical devices, like a wheelchair, or modifications to your home to make it wheelchair accessible. You can also get your lost earning capacity if you aren’t able to return to your job or a comparable one.

A Bradenton lawyer will consult with medical experts to determine your future medical needs. The lawyer will negotiate with the insurance company or attorneys for the other side to reach a settlement that provides full compensation for your future needs. If a settlement can’t be reached, the lawyer will take the matter to court and let a jury decide the case.