WHO IS LIABLE FOR CATASTROPHIC INJURIES?
WHO IS LIABLE FOR CATASTROPHIC INJURIES?
If you or a family member suffers catastrophic injuries, not only do you want to seek compensation for those injuries, but you also want to make sure that you hold all liable parties accountable for their actions. To determine who bears liability for your injuries, your lawyer will start by asking several key questions.
1. Wo owed you a duty of care at the time of the accident?
In many cases, the party that caused your injuries is someone who was responsible for you at the time of the accident: the construction company responsible for taking care of building and safety measures at a construction site; the company that owns a building where you did business; a doctor responsible for your care.
If you suffered injuries in a car accident, every driver on the road bears a duty of care to every other driver and every pedestrian who shares the road. Texas is an at-fault car accident state, so if you suffered catastrophic injuries in a car accident, you might have grounds to file a claim against the party that caused that accident.
2. How did the person violate their duty of care to you?
For example, in a car accident, the liable entity might have violated their duty of care to you by failing to keep their eyes on the road, drinking and driving, or ignoring the rules of the road, including the speed limit. Suppose you suffered injuries in a slip and fall due to poorly maintained flooring. In that case, the premises owner or the company operating on that premises might have violated their duty of care to you by failing to take care of that basic maintenance task.
3. How did that violation lead to your injuries?
If someone else's violation of their duty of care to you led to catastrophic injuries, you have the right to compensation for those injuries. An attorney can evaluate your claim to determine how you suffered your injuries and how each entity contributing to your accident may share liability.
By identifying the individuals or entities that share liability for your injuries, an attorney can help you file a personal injury claim and seek the compensation you deserve for those injuries, including compensation for your medical expenses, wages lost because of your injuries, and pain and suffering related to your accident.
Common Types of Catastrophic Injuries
Catastrophic injuries traditionally involve permanent losses: those that will have a long-term impact on your ability to do your job, engage in the activities you enjoy or spend time with friends and loved ones. Catastrophic injuries may include, but are not limited to:
Traumatic Brain Injury
Traumatic brain injury can affect every area of the victim's life, from your memory to your ability to regulate your emotions. Often, traumatic brain injury causes problems with focus and concentration as well as struggles with mood, self-control, and even creative thinking and problem-solving abilities. Even minor traumatic brain injury can leave the victim with symptoms that linger more than a year after the initial accident. More severe injuries can cause lifelong deficits.
Spinal Cord Injuries
Not only can spinal cord injuries cost more than a million dollars for treatment in the first year after the injury alone, but they can also result in substantial loss of independence as they lead to a permanent loss of function below the injury site. While incomplete spinal cord injuries may show some signs of healing over time, paralysis resulting from complete spinal cord injury usually means permanent losses for the victim.
Amputation
When an accident causes severe crushing damage or cuts a limb from the body, it can result in permanent limb amputation. Amputees may have a long road ahead as they learn how to function with the missing limb. While prosthetic devices can make it easier for many people to get around despite their losses, they may not completely restore lost function. Amputees may also have ongoing costs due to the need to replace their prosthetic devices a minimum of every three to five years.
Facial Injuries
Facial injuries often lead to immense scarring, which can have a severe psychological impact on the victim. Many victims struggle with social interactions following severe facial scarring. Plastic surgery can prove very expensive and significantly increase victims' medical costs after their accident. Not to mention the pain and suffering and disfigurement claims.
Loss of Hearing or Sight
The permanent loss of one of the senses can result from explosions, severe head trauma, or damage to the eyes or ears. Frequently, victims who suffer these injuries, especially those who suffer them late in life, undergo immense loss of independence and struggle to learn how to cope with the missing senses.
Birth Injury
The birth injury involves significant injury to an infant during childbirth, often because of a doctor's error or negligence. Birth injuries can result in lifelong defects for the child, including everything from potential brain damage to a loss of mobility and independence.
Did You Suffer Catastrophic Injuries in Las Vegas, Nevada?
If you suffered catastrophic injuries in Las Vegas, Nevada, you might have grounds to file a personal injury claim against the party that caused your accidents. Catastrophic injuries can occur in various accident scenarios, from car and construction site accidents to premises liability claims and medical malpractice accidents.
Cohan PLLC can help. Our experienced personal injury attorneys can help you understand your right to compensation and aid you in filing a personal injury claim against the liable party. With severe injuries, you need the best local Las Vegas personal injury attorney to help!
