Although many people suffer from injuries at the hands of negligent parties, most individuals can recover from them and continue with their lives. But sadly, a severe incident can sometimes lead to catastrophic injuries that will impact an individual’s life for years to come.
Catastrophic injuries cause long-term or permanent disabilities that prevent people from maintaining gainful employment. That said, when a person’s careless actions lead to an injury like this, there are laws in place to hold them financially accountable. A dedicated personal injury attorney can help with this process. Call a Skilled Elsmere catastrophic injury lawyer at Doroshow, Pasquale, Krawitz, and Bhaya to learn more.
What is a Catastrophic Injury?
Any injury that causes long-term or permanent disabilities is catastrophic. However, the most common examples of debilitating injuries include the following:
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Sudden loss of hearing or sight
- Severe burn injuries lead to permanent scarring and disfigurement
- Internal organ damage
These injuries typically require ongoing medical care and leave many unable to return to work. In some cases, severe injuries may leave the individual unable to take care of their daily basic needs. A seasoned attorney in Elsmere can assist victims in documenting their injuries and collecting evidence that proves another party caused them harm.
Recovering Damages After a Catastrophic Injury
After a plaintiff and their legal representative establish that a defendant’s negligence caused a person’s injuries, the court will award damages to cover the following:
The Total Cost of Medical Care
Recoverable damages can reimburse plaintiffs for the total cost of their medical care, including emergency room visits, hospital stays, and prescriptions. When plaintiffs require ongoing medical treatment, a compensation award can also account for the cost of future care.
Lost Salary and Future Earning Potential
Settlement awards also cover any income lost while a plaintiff stays home to heal from their injuries. When an individual cannot return to their job, these payments could include future earning potential and loss of benefits.
Pain and Suffering
Finally, courts awards damages for pain and suffering to compensate plaintiffs for any physical, psychological, and emotional pain they face because of an injury. Additionally, courts will consider the extent of a person’s harm and how it will continue to affect them. An experienced lawyer in Elsmere can fight to demand the appropriate compensation from liable parties on an injured person’s behalf.
Comparative Negligence in Catastrophic Injury Cases
In a personal injury claim, the defendant commonly asserts that a plaintiff is partially liable for an accident and resulting damages. However, according to Delaware Title 10 § 8132, when a plaintiff’s portion of responsibility is not more than the defendant’s, the law does not bar them from recovering compensation. Instead, the court will subtract the plaintiff’s portion of the fault from the total award amount.
When the court finds that other third parties’ negligence also played a part in causing an injury, they will subtract that portion from the settlement amount. Furthermore, if the plaintiff wants to collect compensation from a third party, they must file a separate claim against them. A capable attorney in Elsmere can answer questions on applicable legislation and communicate with opposing parties in and out of the courtroom.
Schedule a Meeting with a Diligent Catastrophic Injury Attorney in Elsmere
Catastrophic injuries can put a massive strain on you and your family. Fortunately, when another person’s negligence caused the accident, you have every right to expect them to cover the damages they caused.
A settlement award could cover medical costs, lost salary, and pain and suffering and ensure you get the quality medical care you need and deserve. Schedule a consultation with an Elsmere catastrophic injury lawyer today to get started on your claim.