Catastrophic injuries are severe and life-altering bodily harm that happen in an unexpected accident or violent attack. They cause long-term or permanent physical impairment and disability and often occur in motor vehicle accidents, medical malpractice, or workplace accidents.
When a person or business’s negligence causes others to sustain harm, personal injury laws allow the victim to pursue legal action and recover monetary damages. Call a compassionate and experienced Clark catastrophic injury lawyer if you have questions or need help with a personal injury case.
Examples of Catastrophic Injuries
Some examples of injuries that are catastrophic in nature include:
- Back and spinal cord trauma resulting in partial or complete loss of function ability called paralysis
- Traumatic brain injuries resulting from brain damage and can cause memory loss, cognitive impairments, and changes in personality or behavior
- Severe burns, such as third-degree burns, involving deep tissue and nerve damage, leading to permanent scarring and disfigurement
- Traumatic amputations or the sudden loss of a limb in an accident or during medical procedures
- Sudden and complete or partial loss of hearing or vision
- Severe organ damage involving the heart, lungs, kidneys, or liver
- Multiple broken bones
Catastrophic injuries are often life-changing for the injured person, and the lasting consequences can devastate the entire family. A catastrophic injury lawyer in Clark can evaluate how an accident has impacted a person’s life and use this information to put a value on an injury claim that adequately reflects the full extent of their losses.
Causes of Catastrophic Injuries
Some of the most common accidents leading to severe and catastrophic injuries include:
- Car, truck, and motorcycle accidents
- Construction site accident injuries
- Pedestrian and bicycle crashes
- Slipping, tripping, and falling, or falls from heights
- Medical malpractice
- Dog bites
- Nursing home abuse
- Defective products and medications
- Hazardous conditions on public or private property
Catastrophic injuries are costly, raising the stakes for the defendant and their insurance companies. Therefore, it is vital to build a robust case clearly establishing fault to collect the maximum potential settlement amount.
Potential Compensation
An award for damages could cover the financial impacts of an injury, including past and future medical care, lost salary, a loss of earning ability, and property damage. These are known as economic damages. An injured person could also receive non-economic damages for things like disfigurement, pain and suffering, emotional trauma, and a loss of enjoyment of life. A Clark catastrophic injury attorney can take on the legal work and handle communication and negotiations on the injured person’s behalf so they can focus on recovery.
Modified Comparative Negligence
Comparative negligence is a judicial doctrine used to determine and assign the percentage of fault each party is responsible for after an accident. Under New Jersey Statute § 2A:15-5.2, state civil laws adhere to a modified comparative negligence rule. This means that even if the court finds that the plaintiff shares a portion of responsibility for the accident, they can still collect compensation from the defendant for their part of the liability.
However, if the court finds that the plaintiff is more at fault, meaning 51 percent liable or more, the legislation bars them from recovery. After reviewing the case specifics, a catastrophic injury lawyer in Clark can answer specific questions about the statutes and navigation of the complex claims process.
Speak to a Knowledgeable Catastrophic Injury Attorney in Clark
An accident leading to severe and catastrophic injuries can change every part of your life, leaving you feeling devastated and overwhelmed. Fortunately, civil laws allow you to pursue monetary damages from the liable party to cover your medical care and other losses. While the process is available, many find the procedures confusing and frustrating.
Reach out for help from a qualified legal professional. Schedule your free consultation with a Clark catastrophic injury lawyer at Fredson Statmore Bitterman, LLC, to learn more. We can help you through the process and advocate for the fair settlement you deserve.