Dealing with a catastrophic injury can be a harrowing experience. If you have the strength and determination to push through the initial injuries and pain, you are still faced with numerous long-term issues. These issues may impact the way you look, the way you feel, and your ability to perform everyday tasks. Also, they will bring significant medical, rehabilitation, counseling, and other costs that may leave you in troubling financial health.
A Moreno Valley catastrophic injury lawyer can work with you and your family to review your case, understand who the responsible parties are, and lead the legal process from start to finish, so you don’t have to worry about it. A skilled attorney knows the law, the process for seeking compensation, and the strategies to seek just compensation quickly so you can move on with your life. They will fight for your rights each step of the way. To get started on your claim, schedule a consultation today.
Types of Catastrophic Injuries Underlying Claims
Catastrophic injuries are the most severe form of personal injuries. They are sudden and devastating injuries that may leave a person disfigured or paralyzed. Common types of catastrophic injuries include:
- Traumatic brain or head injuries
- Spinal cord and neck injuries
- Severe burn injuries
- Paralysis or other severe motor condition
- Organ damage
- Loss of senses
These injuries also have horrific side effects, such as aggression, memory loss, dizziness, convulsions, speech issues, and other long-term debilitating health issues.
Process for Bringing a Claim
Who Can Be Held Liable?
Subject to certain exceptions, California’s catastrophic injury law is based on the concept of negligence. In some instances, a person may be the victim of an intentional act, such as assault and battery. The responsible party in a negligence case can include all sorts of parties, including:
- Negligent party in an accident or car crash
- Negligent party’s employer or parent (if under 18)
- Manufacturer or seller of a defective product
- Owner or manager of the property that was dangerous (including animals)
- Parent corporations, government agencies, and other legal entities
- Insurers of each of these parties
What Does a Plaintiff Need to Prove?
In a catastrophic injury claim in California, a plaintiff generally must show that defendant owed them a duty of care, that the defendant’s actions breached that duty of care and their actions caused the plaintiff’s injuries – not just actual cause, but proximate (legal) cause – and that there are damages. Determining whether there is a valid claim is a complicated process and a catastrophic injury attorney familiar with cases in the nearby area can work with the plaintiff to thoroughly assess their case.
Statute of Limitations for Catastrophic Injury Claims
Under Section 335.1 of California’s Code of Civil Procedure, the statute of limitations for personal injuries is generally two years. However, some claims have shorter or longer limits, including malpractice claims or property damage claims.
California’s Comparative Fault Rule
In California, the parties in a catastrophic injury claim share the fault. If the negligent party was 45 percent at fault, but the injured party contributed 55 percent to the accident, the at-fault party can only be liable for up to 45 percent.
What Compensation is Available in a Catastrophic Injury Claim?
Catastrophic injury victims in California can seek compensation for economic and non-economic damages, including medical bills, psychological therapy, physical or occupational therapy, lost wages and earning capacity, pain and suffering, and loss of enjoyment of life. Catastrophic injury lawsuits often settle out of local court, and an attorney will be able to push for an expedited settlement to secure just compensation expeditiously.
Consult with a Moreno Valley Catastrophic Injury Attorney Today
If you are the victim of a catastrophic injury due to someone’s actions or inaction, you owe it to yourself and your family to seek just compensation. A skilled Moreno Valley catastrophic injury lawyer can fight for you and can help submit a claim for compensation to allow you to get your life back on track. Schedule a consultation today to discuss your options.