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No one can possibly prepare for the devastation of a catastrophic injury. These life-changing events can disrupt every aspect of a person’s life, and their family must also make significant adjustments as they try to accommodate the needs of the injured while figuring out how to go on with life.
When another party’s carelessness or recklessness causes or contributes to cause a severe injury, that party may be held liable for all damages. Damages are the economic and non-economic losses you and your family suffer due to the incident and injury.
Even if you are not sure whether someone else had responsibility for an accident, you should consult with the seasoned injury attorneys at BG Law. A North Kansas City catastrophic injury lawyer can review the circumstances of the incident, explain your legal options, and help you decide the best strategy moving forward.
An injury could be catastrophic if it permanently impacts the injured person’s lifestyle and quality of life. Any injury that leaves a person unable to do their job or engage in hobbies they once enjoyed may be defined as catastrophic. Burns that leave disfiguring scars, injuries that cause chronic pain, and accidents that leave the individual with long-term physical and/or psychological disabilities could be catastrophic injuries.
However, the term “catastrophic injury” has a specific meaning in the context of medical malpractice. Missouri Revised Statutes § 538.205 defines a catastrophic injury as one of the following:
When a healthcare provider’s poor care produces one of these results, the injured person (plaintiff) can receive more compensation for their pain and suffering than the law allows for less serious injuries.
When a person suffers a permanent injury due to another type of accident—such as a car crash, a fall, or a fire—the law places no limits on the plaintiff’s compensation. A North Kansas City catastrophic injury attorney can explain whether the law might impose limits on the damages you could receive during an initial consultation.
A party’s conduct is negligent when they do not use the appropriate degree of care a situation requires, and their failure to use reasonable care causes an injury to someone else. Someone who suffers an injury due to someone else’s negligent conduct is entitled to receive damages. An experienced lawyer in North Kansas City will identify all the parties whose negligence contributed to a catastrophic injury and strive to hold them financially accountable. Forms of compensation include:
Economic damages are losses that have a fixed value. Medical costs, lost income from time off work, and incidental expenses are part of economic damages. When someone has a catastrophic injury, they might require a wheelchair, home renovations, or home care to accommodate their injury. Economic damages cover these expenses.
Non-economic damages cover intangible losses that do not have a price. A person with a catastrophic injury can seek non-economic damages for their:
In certain cases, the family can seek damages for loss of consortium (the injured person’s love), companionship, and household services.
Many severe accidents result from the combination of several factors. When multiple parties bear a portion of the fault for an injury, both Missouri and Kansas law allow for “comparative fault.” A classic example is a jaywalker who is hit by a speeding car.
When two or more parties behave negligently, Missouri Revised Statutes § 537.765 makes each responsible in proportion to their degree of fault. In Kansas, K.S.A. § 60-258a states that an injured party may only recover if they were less than 50% at fault for their own injuries.
If an injury case goes to trial, the jury will decide how much responsibility each party has. Most cases settle before trial, but an injured person’s conduct and degree of fault is frequently a subject of dispute between the parties.
Having a skilled legal professional on your side is critical in these situations. They could collect persuasive evidence proving that your behavior had far less to do with the accident than the other parties’ negligence.
The adjustment period after a catastrophic injury could be long, which is why it is wise to consider legal action as soon as possible. A North Kansas City catastrophic injury lawyer can identify responsible parties, collect evidence to prove your case, and handle communication with insurance companies and their lawyer —allowing you the time and freedom that you need to recover from and adapt to your injuries.
Working with an experienced attorney could make the difference in reaching a settlement that allows you to flourish after a catastrophic injury. Reach out today to speak with a compassionate legal professional at BG Law.
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