Catastrophic injuries can arise from many different accidents and can permanently affect the life of the injured individual. If you or a loved one suffered a catastrophic injury, you may be undergoing a painful recovery, losing time at work, and facing rising medical costs for both short-term and long-term treatment. These consequences may not be your fault. A Dorchester catastrophic injury lawyer could, therefore, help you determine whether a reckless or negligent party is responsible for the accident that caused your injuries. An experienced personal injury lawyer could fight for your legal right to recover compensation for any losses and damages due to your catastrophic injury.
A catastrophic injury is an injury from which some may never fully recover. These severe injuries can be caused by various situations, ranging from motor vehicle accidents to product defects to work-related accidents. Some types of catastrophic injuries include:
Regardless of the type of injury involved, a Dorchester catastrophic injury lawyer could advocate for the injured party’s right to recover compensation for any expenses they incurred as a result of the injury. An attorney could work with reliable medical experts to determine the full extent of the injury and pursue damages according to assessed value.
By proving that a third party’s negligent or reckless actions caused the accident, a lawyer could recover damages for:
In a negligence case, a plaintiff must establish that all parties owe a duty of care to act as a reasonable person would in order to prevent an accident from occurring under the circumstances. If one party fails to exercise a reasonable level of care, they can be held liable for the expenses caused by the accident.
Massachusetts follows a modified comparative negligence system whereby the injured party can only recover if they are found to be less than 51 percent responsible for the accident. This theory recognizes that two parties can share responsibility for an accident and allows the injured party to recover compensation if they were no more than half responsible for the accident or its severity.
However, the amount of compensation the judge or jury awards will be reduced in proportion to the injured party’s level of responsibility. For example, if it is found that the plaintiff was 30 percent liable for the accident and the jury awards $1 million in compensation, the plaintiff would only be entitled to recover $700,000 of the total award.
Understanding and building a case within the state’s catastrophic injury laws can be complicated. Under comparative negligence, the other party may seek to avoid liability by attempting to shift the blame to the injured party. To reduce the chance of being offered an unfair settlement by the defendant’s insurance, it may be in your best interest to contact an attorney.
An experienced Dorchester catastrophic injury lawyer could evaluate the circumstances of the accident and fight to obtain compensation for both current and future expenses that have been forced upon you by the negligent party. Act today by calling the office.