Catastrophic injuries change a person’s life in fundamental ways. Family members also experience real trauma and lifestyle changes when their loved one sustains a life-altering injury. If you find yourself in this situation, you can talk to an experienced personal injury lawyer about seeking compensation for your losses.
If negligence led to the accident, monetary compensation could be available to the injured person and their family. David E. Gordon, a Cordova catastrophic injury lawyer, can help a family prepare a case to pursue damages from a negligent party. Injured individuals have only one year to file a lawsuit in Tennessee, so it is smart to find legal representation right away.
Defining Catastrophic Injury
A catastrophic injury is generally considered to be any permanent and life-altering injury. The most common significant injuries include:
- Spinal cord injuries or any type of paralysis
- Amputation of multiple limbs
- Traumatic brain injuries
- Severe burns
The law also considers the wrongful death of a parent of a minor child to be a catastrophic injury if the parent had custody or visitation rights with the child.
If an injury is considered catastrophic, it can affect the damages an injured person might receive. A Cordova life-altering injury attorney can explain to an injured person and their family how the nature of the injury might affect their unique claim.
Proof of Negligence
To recover compensation, an injured person must prove that someone else was negligent. Proving negligence requires a lawyer to establish that:
- The negligent party had an obligation or duty to use reasonable care
- The negligent party failed to uphold their obligation
- The negligent party’s failure caused an accident
- The accident caused the client to suffer documentable losses
Most catastrophic injuries result from motor vehicle accidents, workplace accidents, sports injuries, falls, explosions, and fires. Negligence is often at the root of these sorts of accidents. David can review the circumstances of an accident to identify parties whose negligence likely contributed to it.
It is possible that an accident was the result of more than one party’s negligence. If a client’s negligence contributed to their injury, he or she might still be able to collect damages. Tennessee law bars injured persons from collecting damages if they are 50 percent or more responsible for the accident. If they are less than 50 percent responsible, their final compensation will be reduced by their percentage of fault.
Damages Available to People with Catastrophic Injuries
When facing a catastrophic injury, money cannot replace what was lost. However, financial compensation can provide security to a family who depended on the injured person’s economic contribution, and it can give them the satisfaction of holding the responsible party to account.
Compensation typically includes payments for medical expenses, costs of modifying homes and vehicles to accommodate a disability, mental health care, rehabilitation expenses, and any other expenses that arose from the accident. Lost wages and compensation for diminished future employment opportunities is also typically included.
Damages cover intangible losses as well. A local catastrophic injury lawyer might seek sums to compensate for pain and suffering, loss of enjoyment of life, embarrassment and humiliation, and mental anguish. Families could receive awards for the loss of their family member’s support, companionship, and consortium. Although Tennessee law caps damages for these intangible losses at $750,000 in most cases, the limit rises to one million dollars when the injury is considered legally catastrophic.
Find Your Advocate with a Cordova Catastrophic Injury Attorney
Negligent parties and their insurance companies will use every tool at their disposal to prevent paying you compensation, especially when you have a major injury that costs much more to treat.
Seeking legal counsel as soon as possible after an accident can give you and your family the best chance of securing a payout that appropriately compensates for your losses. Contact a Cordova catastrophic injury lawyer from the Law Office of David E. Gordon to get a strong advocate working for you.
