Dorchester Catastrophic Injury Lawyer
Any type of personal injury can have a detrimental effect on both your physical health and your financial wellbeing. However, certain types of injuries have consequences that last far beyond the moment of an accident and the immediate weeks following it. If you are impacted by a permanent medical condition due to another person’s negligent actions, taking legal action to protect your best interests may be crucial.
In order to effectively recover compensation for all your applicable losses following such an incident, you may need strong legal representation from an experienced personal injury attorney. A Dorchester catastrophic injury lawyer could stand by your side every step of the way and pursue a more stable financial future for yourself and for your family.
What Is a Catastrophic Injury?
In legal terms, a personal injury becomes “catastrophic” in nature when it results in permanent and debilitating damage to the person who experiences it. These injuries often require intensive treatment and long-term therapeutic care, and victims typically have few prospects—if any at all—of ever restoring their pre-accident condition.
The majority of catastrophic injuries involve damage to the brain, spine, or spinal cord, resulting in permanent symptoms such as paralysis and often leaving victims unable to perform even basic tasks around their home. Other forms of catastrophic damage may include severe burns, limb amputations, and permanent nerve damage.
Outside of this categorization, a catastrophic injury case proceeds more or less in the same way as a standard personal injury case would. The plaintiff—and their Dorchester catastrophic accident attorney, should they choose to retain one—must prove legal negligence on the part of a defendant, which entails demonstrating that said defendant violated a legal duty of care towards the plaintiff and caused compensable damages as a direct result. The key difference in catastrophic injury cases often lies in what specific damages are recoverable, and subsequently what a lawsuit should demand compensation for.
Recovering Damages for Long-Term Harm
Both economic and non-economic damages play a role in almost any comprehensive civil claim following a catastrophic injury. Medical bills for short-term hospital stays, lost wages, costs related to physical therapy, and prescription medications may all be included in a settlement demand as economic damages stemming from negligent conduct.
By definition, though, catastrophic injuries result in long-term damage, meaning that compensation for only short-term losses is almost never sufficient. A knowledgeable catastrophic injury lawyer in Dorchester could ensure an injured plaintiff seeks compensation for every applicable form of damage they suffer both in the short term and in the long term, including medical care, any modifications needed to the plaintiff’s home, and non-economic losses like pain and suffering and loss of enjoyment of life.
Damage Caps in Catastrophic Injury Cases
Furthermore, according to Massachusetts General Laws Chapter 231 §60H, personal injury cases based on medical malpractice are subject to a cap of $500,000 on non-economic damages, but one of the stated exceptions to this rule is if the plaintiff suffers “substantial or permanent loss or impairment of a bodily function or substantial disfigurement”. In other words, if a doctor in Dorchester causes a catastrophic injury through their own negligence, a Dorchester catastrophic injury lawyer could argue that there should be no upper limit on the amount of non-economic damages the plaintiff can recover.
Learn More by Talking to a Dorchester Catastrophic Injury Attorney
By their very nature, catastrophic injuries are life-altering events. In order to minimize the financial impact such an injury has on you and your loved ones, reviewing your legal options should be a high priority.
A Dorchester catastrophic injury lawyer could be the ally you need to ensure your best interests are protected following a devastating accident. Call today to set up a consultation.