Roxbury Catastrophic Injury Lawyer
While the resulting injuries from some accidents can be fairly minor, others cause severe and permanent injuries that may forever change your life. When an injury causes irreparable damages to a major part of your body, your life may never be quite the same.
If you have sustained a severe injury that is likely to result in a permanent impairment due to the negligence of another, you may have a claim for compensation for your injuries. In a case like this, you may want to consider consulting a Roxbury catastrophic injury lawyer. A skilled personal injury attorney could sit with you to help you determine the extent of your damage and assess whether you have a viable claim.
What Constitutes a Catastrophic Injury?
Some injuries can cause long-lasting and even permanent effects on a person’s body. Injuries such as these may never be completely healed or may alter someone’s life significantly. Some common catastrophic injuries that can result in personal injury claims include:
- Spinal cord injuries resulting in partial or complete paralysis
- Severe traumatic brain injuries
- Loss of limbs
- Extensive burn injuries
These are just a few of the catastrophic injuries that potentially can result in loss of the ability to work, a reduced lifespan, or permanent disability. When individuals are no longer able to perform simple tasks that they could complete before the accident caused by negligent behavior that led to their injuries, they may be entitled to compensation for their losses.
When Someone Else is to Blame
The most common basis for a personal injury claim is negligence, which is behavior that falls below the reasonably accepted standard necessary to protect others from the risk of harm. To prove someone acted in a negligent manner and therefore should be liable for any resulting injuries, a Roxbury catastrophic injury lawyer must prove the following four elements were present:
- The defense owed a duty to protect the plaintiff from reasonably foreseeable harm
- They breached that duty of care
- The breach was the proximate cause of the plaintiff’s injuries
- The plaintiff suffered damages as a result of the breach
When measuring whether an individual’s action or inaction fell below the standard of care in a specific situation, courts will look at the expected behavior of a reasonable person in similar circumstances. If they failed to act as reasonable people would in the situation, then they may have acted negligently.
Comparative Negligence Law in Roxbury
Massachusetts follows a modified comparative negligence rule in cases where injury victims may be partially at fault for the accident that caused their injuries. Pursuant to Mass. Gen. Laws Ch. 231, §85, as long as a victim’s share of the blame for the accident is less than 51 percent, they still are entitled to recover compensation for their losses from any other negligent parties involved in the accident.
The other important aspect of the modified comparative negligence rule is that a person’s potential compensation in a personal injury action generally is reduced by the percentage of blame for the accident that is attributable to them. If they are found to be 30 percent to blame for their accidents, then they are limited to recovering only 70 percent of their total damages from other negligent parties. If the defendant or insurance company tries to argue comparative negligence, a personal injury lawyer has the knowledge and experience needed to fight on the victim’s behalf.
Contact a Roxbury Catastrophic Injury Attorney for Help
Catastrophic injuries can be devastating to your physical, mental, and financial well-being. While you need to concentrate on your recovery, you also need to consider how you will support your family and pay for medical care during this difficult time.
Allow a Roxbury catastrophic injury lawyer to evaluate your situation and help you determine how you might proceed with any possible personal injury claims. Call today to set up a no-risk initial consultation.