An injury stemming from a traumatic incident can have a devastating impact on your physical, emotional, and financial well-being. When another person causes harm through their negligent actions, the injured victim has legal options for recovering compensation. In cases involving permanent disability or disfigurement, this compensation may be crucial to preserve the victim’s financial security and get them the medical treatment they need.
If you or a loved one suffered severe physical harm because of another person’s recklessness, get guidance from a Wilmington catastrophic injury lawyer. A dedicated attorney at Doroshow, Pasquale, Krawitz, and Bhaya can work tirelessly to recover comprehensive compensation for your losses.
What Makes “Catastrophic” Injuries Unique?
Technically, there is no legal difference between a typical personal injury and a “catastrophic” injury. The latter term does not appear anywhere in Delaware state law, and an injured plaintiff still generally must prove negligence by the defendant(s) in order to recover damages.
That being said, legal professionals and court officials broadly understand “catastrophic” injuries to be those that leave victims with some form of disfigurement or disability. This condition will either last for the rest of the victim’s life or directly contribute to their premature death.
Types of Catastrophic Injuries
Our experienced Wilmington attorneys often bring catastrophic injury claims for plaintiffs suffering from paralysis. This condition typically stems from severe trauma to the head, neck, or spine. However, many other types of harm that could fall within the category of catastrophic injuries, including:
- Limb amputations
- Severe burns
- Nerve damage
- Internal organ trauma
- Traumatic brain damage
Regardless of the type of injury, an ensuing civil claim must take into account the victim’s long-term recovery. Seasoned legal counsel can play a crucial role in demanding restitution for short-term losses like emergency medical bills, property damage, and missed work shifts, as well as the impact that a catastrophic injury will have in the future. This could include:
- Future expenses for medical care and physical therapy
- Costs of specialized medical equipment and/or home modifications
- Physical pain and discomfort
- Emotional and psychological trauma
- Lost enjoyment of personal opportunities and/or time with family
- Lost consortium with a spouse
Difficulties with Wilmington Catastrophic Injury Claims
It is important for a plaintiff to work with a skilled catastrophic injury lawyer, as a local attorney can help navigate any difficulties in the legal process. For instance, the statutory filing deadline set by Delaware Code Title 10 §8119 only gives victims two years after the discovery of their injuries to file suit. This means that they must estimate the value of their future damages well in advance or be aware of the ways to delay needing to calculate those damages.
Another potential issue is that victims found partially responsible for their own injuries cannot recover for the full value of their ensuing losses. A defendant may try to argue that a victim was partially negligent to avoid paying damages. These arguments are generally not in good faith, but unrepresented injured persons are often not aware of that. Working with a catastrophic injury attorney at our firm can help a plaintiff avoid these potential pitfalls and protect their rights throughout the legal process.
Seek Help from a Wilmington Catastrophic Injury Attorney
Catastrophic injuries are life-changing experiences that can lead to many physical, financial, and personal losses. Because of how all-encompassing these injuries are, it can be difficult to achieve fair civil recovery without help from an experienced attorney.
At Doroshow, Pasquale, Krawitz, and Bhaya, a Wilmington catastrophic injury lawyer can help you and your family get the financial resources you need to move forward with your lives. If you suffered severe harm because someone else acted negligently, call us today for a consultation.