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The American Medical Association defines catastrophic injuries as those leading to long-term or permanent disabilities or impairment. Some examples include brain injuries, traumatic amputations, and spinal cord damage, causing paralysis. The injuries have devastating effects, and when a person’s negligence caused an avoidable accident, you might have the legal right to hold them financially responsible.
Catastrophic injuries will often have severe consequences for you and your entire family. Therefore, civil laws may entitle you to collect compensation from the at-fault party to cover your damages and losses. Call a compassionate and hard-working Pennsylvania catastrophic injury lawyer for questions and case review. A personal injury attorney could help you file a suit.
Common Causes of Catastrophic Injuries
Catastrophic injuries can happen in any accident, but some are much more common. Vehicle collisions of all types are the most common cause, and other typical catastrophic injury causes include:
- Medical mistakes and malpractice
- Dangerous and defective products, including medications and medical devices
- Construction and other workplace accidents
- Violent attacks, gunshot wounds, and other assaults
- Trip, slip, and fall accidents and falls from heights
- Bicycle and pedestrian crashes
A catastrophic injury lawyer in Pennsylvania could help determine the cause of the incident and the liable party.
Damages in Severe Injury Claims
There is no standard amount of damages the plaintiff will collect from the defendant in catastrophic injury cases. However, medical care, other expenses, and losses in these cases are usually substantial, and the award amount can be significant. The court may award a settlement to cover medical care, lost pay and benefits, loss of companionship, pain, suffering, and more. The court awards compensation in civil cases to rectify the defendant’s wrongdoing through financial damages and return them to the same financial situation as before the accident.
Speaking With Insurance Adjusters
The other parties’ insurance agency adjusters generally start calling soon after the accident. Catastrophic injury cases are costly, and they often look for ways to reduce the payout for damages. They could use anything the plaintiff says against them to reduce their customer’s liability. A catastrophic injury attorney in Pennsylvania could handle the communications and negotiations on the plaintiff’s behalf.
Comparative Negligence and the Statute of Limitations for Catastrophic Injury Cases
In many injury cases, the defendant argues the plaintiff or other third parties share liability for the accident and damages. According to 42 Pennsylvania Consolidated Statutes § 7102, as long as the defendant is more at fault than the plaintiff, the court will not restrict recovery. However, if the court determines the claimant’s portion of the liability is over 51 percent, they will dismiss the case and bar recovery.
The plaintiff is still eligible to recover the value for the percentage of the defendant’s fault. While many factors could shorten or extend the deadline, under 42 Pennsylvania Consolidated Statutes § 5524, the plaintiff generally has two years to file the case in civil court. A devastating injury lawyer in Pennsylvania could answer questions about applicable statutes and handle the legal work and filings to ensure compliance.
Call a Seasoned Pennsylvania Catastrophic Injury Attorney Today
Catastrophic injury cases require extensive knowledge of the medical and legal fields and lengthy litigation. A hard-working and knowledgeable Pennsylvania catastrophic injury lawyer could help you through the complex court process and handle the legal work on your behalf.
Call today when you need help with a civil claim for damages after suffering a severe and life-altering injury because of negligence. It is best to start preparing immediately because the evidence is fresh and you will meet the statute of limitations deadline.