If you can prove that someone else’s negligence directly led to you suffering an avoidable injury, you can sue that negligent person for compensation to cover every negative effect that injury will have on you. Unfortunately, some accidental injuries are so severe that no amount of money could ever completely erase the damage done by it. In those situations, the process of seeking fair financial recovery can be even more complicated than normal, as you may already be discovering. Help from a skilled personal injury attorney is always important to getting the best possible outcome from a civil lawsuit or settlement demand, but it can be absolutely essential during a claim based on a catastrophic injury. Fortunately, a Lowell catastrophic injury lawyer from the Law Offices of David W. Holub can provide the custom-tailored support you need to pursue your unique case as effectively as possible.
When Does an Injury Become “Catastrophic”?
In the context of criminal law, Indiana Code §35-31.5-2-34.5 defines a “catastrophic injury” as one that significantly reduces the injured person’s ability to live independently for one year or more. This definition explicitly includes injuries resulting in paralysis, loss of cognitive function, blindness, and/or deafness.
While there is no strict definition for this term applicable to civil cases, the colloquial understanding of what counts as a catastrophic injury among personal injury attorneys and civil court authorities broadly matches the one listed above. That colloquial definition can also include other forms of trauma causing permanent disability and/or disfigurement, such as crushing injuries, loss of limb, high-degree and/or widespread burns, and internal organ trauma.
Getting Paid Fairly for Catastrophic Harm
The main thing that makes catastrophic injury claims unique from other types of personal injury litigation is the severity—and therefore, the financial value—of compensable losses caused by the injury. In addition to short-term damages like emergency medical bills and lost work wages, a catastrophic injury can also cause lifelong financial and personal losses.
Depending on the circumstances, a case of this nature may need to account for a decline in ability to work and draw income, various long-term medical expenses, and various forms of physical and psychological suffering. A knowledgeable Lowell catastrophic accident attorney can provide vital help incorporating these kinds of losses into a comprehensive lawsuit or settlement demand.
Building a Strong Claim Within Filing Deadlines
Assistance from legal counsel can be vital not just to identifying and accurately valuing damages caused by a catastrophic injury, but also to doing so quickly. This is important because of the “statute of limitations” for personal injury claims, which is generally the same regardless of how severe or long-lasting the injury in question is.
According to I.C. §34-11-2-4, most people with valid grounds to sue someone else over a personal injury have two years at most to do so, starting from the date on which they were originally injured. In some situations, though, this filing period starts on which they first discovered they were injured through someone else’s negligence. There may also be extensions allowed under other unique circumstances, as a catastrophic injury lawyer in Lowell can further explain.
Get Help from a Lowell Catastrophic Injury Attorney Today
No one deserves to suffer a permanent and debilitating injury under any circumstances, and certainly not because someone else was reckless or careless around them. Unfortunately, that latter scenario plays out every single day in the Hoosier State, and if it has impacted your family recently, you have limited time to understand and enforce your right to civil recovery.
Contacting a Lowell catastrophic injury lawyer from the Law Offices of David W. Holub could be a key first step towards getting an optimal outcome from your legal proceedings. Call us today to set up a consultation.