Fortunately for many accident victims, most personal injuries are temporary. Even if a person suffers a severe injury such as a broken bone or a separated joint, they are likely to make a full recovery. However, there are certain injuries from which a person will never fully recover. Damages of this degree are not just physical— they can negatively impact your overall quality of life.
An Iberville Parish catastrophic injury lawyer may be able to help you to pursue the compensation you deserve following such an injury. They could work to collect the evidence needed to hold the liable party responsible, accurately measure your losses, and demand the fair payments needed to set things right. Contact Tomeny | Best to speak with a dedicated personal injury attorney today.
What Makes an Injury Catastrophic?
A catastrophic injury is one that forever damages a person’s functionality. This could mean serious harm to a person’s mobility, internal organs, or even mental processes. All catastrophic injuries share the characteristic of being permanent— no amount of treatment, regardless of how aggressive, will ever see a total elimination of symptoms.
Common examples of catastrophic injuries include:
- Traumatic brain injuries such as concussions, loss of brain function, or falling into a vegetative state
- Third-degree burns that cover a significant part of one’s body
- Spinal cord injuries that can result in paralysis of limbs or internal bodily functions
It is easy to see how a catastrophic injury can profoundly affect a person’s future. A claim for compensation must accurately measure that impact and demand appropriate compensation. Attorneys in Plaquemine and Iberville Parish could help to explain why an injury is catastrophic and pursue claims for all necessary payments.
Demanding Fair Payments from At-Fault Defendants
Despite a catastrophic injury’s profound effect on an individual’s life, the injured party cannot collect compensation unless another party is responsible. The mere fact that an injury is catastrophic has little to do with how an assignment of fault is determined. Instead, a plaintiff must prove that another party’s negligence or intentional act was the source of their debilitating injury.
The most common way to determine liability is to prove that a defendant was negligent. A majority of catastrophic injuries are the result of:
- Car, truck, or motorcycle accidents
- Pedestrian or bicycle accidents
- Falls or other events that occur on another’s property
- Medical malpractice
- Defective product claims
In all of these examples, it is only necessary to prove that a defendant’s actions violated a duty of protection, and that this violation resulted in the injuries. The extent of the damage has nothing to do with whether a defendant is liable. In such cases, it is also important to note Louisiana Civil Code § 3492’s statute of limitation. This statute outlines that an injured party only has one year to pursue a catastrophic injury claim.
Catastrophic injuries can also result from criminal activity, which is when a defendant intentionally causes harm that results in a permanent injury. In these cases, the criminal charges and any civil claim for damages are separate. However, a conviction in criminal court is powerful evidence of fault in a civil claim. A catastrophic injury attorney in Iberville Parish or Plaquemine could help hurt people build cases against defendants for both negligence and intentional harm.
Speak with an Iberville Parish Catastrophic Injury Attorney Today
A catastrophic injury can, by definition, have an immense impact on your future. These injuries can affect your overall quality of life and leave you with a permanent physical or mental disability. A negligent defendant could be legally liable for your losses if their negligence or intentional conduct led to your injuries.
A Plaquemine or Iberville Parish catastrophic injury lawyer could help you to collect the payments needed to set things right. Contact Tomeny | Best today to discover your legal options.