Suffering a severe injury in an accident can alter your life in numerous ways. You may require long-term medical treatment, resulting in significant financial losses. Additionally, a permanent injury might prevent you from working or participating in certain recreational activities.
If another person’s careless actions caused your accident, you may be able to seek compensation with the help of an Elizabethtown catastrophic injury lawyer. An experienced personal injury lawyer could help you understand your rights and build a case against the at-fault party.
There is no definition of catastrophic injury under state law, but the term is generally understood to mean an injury that alters a person’s life in a fundamental way. These types of injuries often limit an individual’s employment opportunities and could prevent them from living independently without care.
Injuries that lead to paralysis, such as traumatic brain injury or spinal cord injury, are usually deemed catastrophic. Head injuries that impair cognitive functioning, eye injuries that lead to blindness, and injuries requiring amputation can also be considered life-altering.
Some catastrophic injuries are related to the improper function of a bodily system.
For example, if a kidney injury requires a person to undergo dialysis in the future, they may have a valid catastrophic injury claim. A skilled lawyer could help you demonstrate the impact your catastrophic injuries have had on your life and fight for appropriate compensation.
Catastrophic injury claims often stem from vehicle collisions, including those involving bicycles, motorcycles, and trucks. However, there are many other potential causes of life-altering injuries, such as:
An attorney familiar with catastrophic injury cases could investigate the circumstances surrounding your accident to determine whether negligence was a factor.
Anyone seeking monetary damages to compensate for an injury must prove that someone else’s negligence was a factor in the accident. Proving negligence requires you to establish that another party failed to exercise reasonable caution, and your injuries directly resulted from their lack of caution.
Many accidents result from the negligence of more than one party. A legal professional could help you identify each responsible party and hold them responsible.
Kentucky follows the doctrine of pure comparative negligence. This doctrine holds that any party to an action is responsible for a percentage of damages equal to their apportioned fault. According to Kentucky Revised Statute §411.182, the court will assign fault to everyone involved in the incident. Each party must pay a portion of the plaintiff’s damages that reflects their percentage of responsibility.
The at-fault party in your case could try to use this law to reduce their liability. If the defendant argues that your actions contributed to the accident, the court may reduce your damages award based on your portion of fault. An assertive injury lawyer could stand up to these tactics and help you defend yourself against allegations of partial fault in a life-altering injury claim.
Adapting to life after a severe injury requires a significant amount of time, energy, and money. Family members must also learn how to support you as you navigate life with a severe medical condition. If you or a loved one was injured in a devastating accident, you should seek legal help right away.
An Elizabethtown catastrophic injury lawyer could handle settlement negotiations or take the case to court. Call the Meagher Law Office today to set up a free consultation with Attorney Tate Meagher.