After an accident, some victims suffer injuries that result in long-term or permanent disabilities, fundamentally altering their lives and daily routines. Catastrophic injuries often occur as a result of serious vehicle accidents, which can have long-term physical and financial consequences for victims and their families. The ongoing care and rehabilitation for these injuries require a significant investment of time and money, making it crucial to seek proper compensation to cover the mounting costs.
If you have sustained a catastrophic injury, you may be eligible to pursue compensation through a personal injury claim. An experienced personal injury attorney can guide you through this complex process, ensuring that you receive the financial support needed for medical expenses, lost wages, and any long-term care requirements. They will advocate for you and fight to secure the maximum compensation to help you and your loved ones adjust to the challenges ahead.
In some cases, catastrophic injuries result from accidents involving drunk drivers, which can escalate to charges such as vehicular manslaughter. These situations add another layer of complexity to personal injury claims, as they often involve both criminal and civil legal proceedings. An experienced attorney will not only help you navigate the personal injury claim process but also ensure that justice is served, holding the responsible parties accountable for the life-altering harm they have caused.
Catastrophic injuries include traumatic brain injury, partial or full limb amputation, severe burns, and any injury that results in serious bodily harm. Recovery from catastrophic injuries is lengthy and stressful. In some cases, the victim is permanently disabled and never fully recovers.
The Colorado statute of limitations on catastrophic injuries is based on the type of accident that causes the injury. Do not delay filing the personal injury claim, as this can affect your compensation and treatment options.
Personal injuries that qualify as a catastrophic injury are usually the result of motor vehicle accidents, violent crimes, fires, defective products, and medical malpractice. To receive compensation for a catastrophic injury, you must show that the person who caused the injury—the plaintiff—committed negligence.
Four elements are required to establish negligence. The plaintiff must have had a legal obligation to protect you, otherwise known as duty of care, from unreasonable harm. If they fail to protect you, they have breached their duty to you. If you are injured as a result of that failure to protect, you must show that the failure caused the injury.
A personal injury attorney who specializes in catastrophic injury cases will determine whether or not you can prove all four elements of negligence. If those elements are provable, your personal injury suit for catastrophic injury is more likely to result in a settlement in your favor. The Law Offices of James Colgan have the expertise and knowledge you need for your catastrophic injury case.
There are two types of compensation for catastrophic injuries. Economic compensation covers your expenses and other financial losses. Medical expenses include hospitalization, doctor visits and treatments, non-physician treatments, physical therapy, and any costs related to your physical recovery. If you are unable to work or lose your employment during your recovery, lost wages and lost earning capacity are also covered.
Non-economic compensation applies a financial cost to your other losses, including pain and suffering, loss of quality of life, emotional distress, and loss of companionship for yourself or your partner. These non-economic damages are harder to prove, but a personal injury attorney with experience in catastrophic injury cases will increase the likelihood that you will get the settlement you deserve.
Punitive damages are awarded only in cases where the breach of duty was willful or reckless. In Colorado, the plaintiff cannot request punitive damages. The court will determine, based on the facts in evidence, whether or not punitive damages are appropriate for your case.
Colorado courts rarely award punitive damages, but when they do, the punitive damages are capped. The maximum amount of punitive damages awarded will often be equal to the amount of damages awarded. However, it can also amount to less.
Contact the Law Offices of James Colgan to speak with a personal injury lawyer who can help you navigate your catastrophic injury case.