Any type of accident that requires you to seek and pay for medical attention afterwards may be grounds for civil litigation, if you can make a compelling case that someone else’s negligence was directly responsible for your injuries. However, when an accident results in an injury that has lifelong consequences, a typical settlement or damage award for medical bills and short-term wage loss is simply not going to cut it.
If you experienced a life-altering injury as a result of another person’s reckless or careless actions, you should seek out a Castle Rock catastrophic injury lawyer. A dedicated personal injury attorney with experience litigating these cases could provide essential assistance in pursuing compensation for both the losses you have already experienced and the challenges you may have to handle in the future.
While there is no single legal definition for what differentiates a “catastrophic” injury from a typical one, the term is generally understood to refer to an injury that has long-term symptoms and side effects, requires intensive medical intervention to stabilize, and—in many cases—will never fully heal. Some of the injuries that are most commonly considered as catastrophic include:
There is no procedural difference in how a plaintiff seeks to prove liability for a catastrophic injury as opposed to a less serious one. The injured party must still show through a preponderance of available evidence that the defendant breached their duty of care, and that the breach in question directly caused the plaintiff’s damages. Where these cases can become complicated is in the scope of damages a plaintiff may need to seek recovery for. Fortunately, a Castle Rock attorney could help determine how much in compensation a person may be able to pursue based on their catastrophic injury.
Since catastrophic injuries are often permanent, a comprehensive civil lawsuit based around such an injury must account for both past and future damages. In addition to emergency medical bills, property damage, and loss of income from missed work shifts, a catastrophic injury attorney in Castle Rock could seek restitution for long-term losses such as:
Additionally, skilled legal counsel may be able to seek more compensation for non-economic damages related to a catastrophic injury than they would for a less severe injury. State law sets an inflation-adjusted damage cap of $584,210 on non-economic recovery in most circumstances, but it allows a plaintiff to seek about double that amount if they can prove through “clear and convincing evidence”—for example, the fact that their injury will last the rest of their life—that an expansion to the damage cap is warranted.
Filing suit over a catastrophic injury can be a uniquely complicated endeavor, not so much because of the legal procedures involved, but rather because of the scale and inexact value of a claimant’s damages. Without representation from an experienced legal professional, you may have a difficult time getting the recovery you need for both the short term and the long-term.
A Castle Rock catastrophic injury lawyer could answer any questions you have about your legal options and your recoverable damages during an initial consultation. Call today to set up yours.