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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 personal injury lawyer in Chula Vista 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.
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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.
Chula Vista Catastrophic Injury FAQs
What long-term care costs can be included in a catastrophic injury claim in Chula Vista?
A catastrophic injury claim in Chula Vista can include future medical care, in-home nursing assistance, physical and occupational therapy, assistive devices, wheelchair-accessible home modifications, and vocational rehabilitation. A life care planner is often used as an expert witness to document and quantify these long-term costs for your claim.
What if the at-fault party’s insurance policy limits are not enough to cover my catastrophic injuries in Chula Vista?
If the at-fault party’s policy limits are insufficient in Chula Vista, additional sources of recovery may exist. These include your own underinsured motorist coverage, umbrella policies, or claims against multiple liable parties. A catastrophic injury attorney can identify all available insurance sources to help maximize your total compensation.
Can a catastrophic injury victim in Chula Vista recover compensation for emotional distress and loss of enjoyment of life?
Yes. California law allows catastrophic injury victims in Chula Vista to recover non-economic damages including emotional distress, mental anguish, and loss of enjoyment of life. These damages recognize the profound impact a permanent or disabling injury has beyond medical bills and lost wages, and can significantly increase total compensation.
How long does a catastrophic injury lawsuit typically take to resolve in San Diego County?
Catastrophic injury lawsuits in San Diego County typically take two to four years or longer to resolve due to their complexity. Factors like disputed liability, the extent of long-term care needs, multiple defendants, and insurer resistance all affect the timeline. Cases that proceed to trial generally take the longest.
