A catastrophic injury is a life-changing injury that happens suddenly and without any warning. Typically, these injuries are extremely severe and lead to life-long disabilities or impairments.
There are many ways a catastrophic injury can occur, ranging from a motor vehicle accident to a slip and fall to a workplace-related accident. When this type of injury happens to you or a family member, you want to seek advice from a Chula Vista catastrophic injury lawyer as soon as you can.
While you will still have ongoing physical and medical conditions you need to tend to, at least your experienced injury lawyer can help you legally so that you have a chance to be financially made whole.
Common Types of Catastrophic Injuries
There are a few types of injuries that fall within the catastrophic injury category. The common aspect of these injuries are that they are either long-term or permanent injuries. These include:
- Spinal injuries
- Loss of limbs
- Severe burns
- Brain injuries
- Fracture to the skull or spinal cord
- Permanent disabilities
California Statute of Limitations
For all personal injury claims, including catastrophic injuries, injured individuals have two years from when the injury occurred to file your claim. If the injured person waits any longer than this, they can lose their right to a court case.
If a person is planning on suing a government agency for their injury, then they have six months from the date of the injury to file a claim. The agency then has 45 days to respond. If the agency denies the claim, then the person has an additional six months from the day they received the denial to take the case to court.
However, if the injured person never received any denial letters, they still have the two-year deadline from when the injury occurred. This can be a tricky set of deadlines to navigate, which is why injured individuals should speak to a Chula Vista catastrophic injury lawyer as soon as possible.
Negligence Laws for Catastrophic Injuries
To show that the other person was negligent in causing an injury, the catastrophic injury lawyer must show that there was a duty of care that was breached, that the negligent act caused the injury (actually and proximately), and that there were damages. Usually, people owe each other a duty to act as a reasonable person would in the same circumstances. That duty is breached when a person fails to act reasonably.
Proximate cause means that it was foreseeable that the negligent act would cause an injury to occur. Also, that there was no intervening cause between the negligent act and the accident that would take the fault off of the person who caused the accident. Lastly, the Chula Vista catastrophic accident lawyer has to show that the individual suffered real damages. With this type of injury, medical records will likely serve to show the accident caused an injury.
How a Chula Vista Catastrophic Injury Attorney Can Help
Your lawyer can help you figure out what the best option is for you, whether that means litigating the case in court or reaching an agreement with the other person.
If the other person has insurance, you may be able to settle with their insurance company as well. While you are focused on physically recovering from the accident, your Chula Vista catastrophic injury lawyer will fight to help you recover financially.