Framingham Catastrophic Injury Lawyer
While personal injuries are notoriously difficult to endure, some can be so severe that they permanently alter the way the injured person lives their life. A catastrophic injury can lead to a lifetime of medical attention, rehabilitation, and psychological trauma due to this ongoing pain and suffering. If you believe the careless act of another caused the accident that led to this injury, you may be wondering if you can pursue that party for financial compensation.
If you are living with this type of harm, you should call a Framingham catastrophic injury lawyer. By speaking one-on-one with an experienced personal injury attorney, you may gain a better understanding of your situation, what legal rights you have, and a possible means to bring a lawsuit for your injuries. To get started on a case, be sure to schedule a consultation today.
What is a Catastrophic Injury?
While there is no exact legal definition for a catastrophic injury, they are generally considered to be a range of wounds that profoundly and permanently affect the life of the plaintiff. Some such examples include:
- Brain injury
- Multiple bone fractures
- Severe burns
- Spinal cord injuries
- Organ damage
If a plaintiff is suffering from an injury that does not appear on this list, that does not necessarily mean it will not be considered catastrophic. A plaintiff should consult with a Framingham catastrophic injury attorney who can review their situation and ailments, and then potentially determine how best to proceed with a case.
Proving Negligence in Framingham
Under Massachusetts Instruction 3.180, negligence is defined as a failure to use a certain degree of care, whether by action or inaction, that a reasonably prudent person would use in the situation. If a Framingham catastrophic injury lawyer were to bring a lawsuit, they generally would seek to show the defendant was negligent by proving the following four elements:
- The defendant owed the plaintiff a duty of care
- This duty of care was breached
- The breach of that duty is what caused the plaintiff’s injuries
- The plaintiff suffered actual damages as a result
Defending Against Contributory Negligence
Even though a plaintiff will strive to prove the defendant was solely to blame for an accident, the court may assign some fault to the plaintiff. This legal concept is called contributory negligence. Under Massachusetts General Laws §85, if a plaintiff is allocated a certain percentage of the blame for an accident, then their damages award will be reduced by that same amount of fault.
Although this can potentially diminish the amount of financial compensation the plaintiff receives, as long as the plaintiff is not found to be more than 51 percent responsible for the accident, they will still receive a portion of their damages. A Framingham catastrophic injury attorney could help the plaintiff to navigate this complex legal claim and potentially reduce or eliminate their contributory negligence.
Reach Out to a Framingham Catastrophic Injury Attorney Today
If you have catastrophic injuries, you understand the significant physical, mental, and financial burden that you must undergo every day since the accident. A Framingham catastrophic injury lawyer also understands what you are going through and may be able to help you achieve a favorable resolution to this situation.
Every case is unique, and the first step to potentially receiving financial compensation for all that you have endured begins with a phone call to your local lawyer. So, reach out today and see what may be possible for you.