Catastrophic Injuries Lawyer in Boylston, AL
Being involved in an accident that leaves you with a catastrophic injury can forever change your life, your opportunities, and your relationships. When a catastrophic injury is caused by the fault of someone other than the victim, the victim should be compensated in full for their losses.
At the office of Frank Wilson, Attorney at Law, our catastrophic injury attorney in Boylston will aggressively advocate for you when you need it most. If you or a loved one has suffered a severe injury that is likely to have long-term impacts, our law firm can help.
What Is a Catastrophic Injury?
A catastrophic injury refers to any severe injury that is likely to be permanently disabling or disfiguring. Typically, injuries that are considered to be catastrophic injuries include spinal cord injuries, which can cause partial or complete paralysis permanently; traumatic brain injuries; skull or spinal fractures; amputation injuries; and severe burn injuries.
When a catastrophic injury happens, the victim not only suffers a large amount of physical pain and impairment but may also suffer a range of economic losses in the form of medical expenses, lost wages, loss of earning capacity, disability accommodation costs, and more. Mental anguish and psychological trauma are common, too.
How Do Catastrophic Injuries Happen?
Nearly all types of accidents have the potential to cause a catastrophic injury, although these injuries are most common in accidents that happen at high speeds or/and involve large amounts of force. Common causes of catastrophic injuries include:
- Motor vehicle accidents. Motor vehicle accidents are a leading cause of injury, including catastrophic injury, both in Alabama and nationally. Our law firm has experience working on catastrophic injury cases stemming from car crashes, motorcycle accidents, and commercial vehicle accidents.
- Pedestrian and bicyclist accidents. Pedestrian and bicycling accidents are another common cause of catastrophic injuries. This is in large part because pedestrians and cyclists do not have any protection from harm in the event of a crash; there are no seatbelts, no airbags, and no vehicle frame protecting an individual to absorb impact.
- Boating accidents. Boating is a great recreational activity in Boylston, but it can also be a dangerous one when negligence is involved. If a boat crashes with another boat or object, a person is thrown overboard, or a person who is in the water is hit by a boat, the outcome can be nothing short of devastating. Another thing that increases the risk of a catastrophic injury when boating, in addition to actual impact and force in the event of a collision/other accident, is the risk of drowning. A near-drowning injury can cause permanent brain damage.
- Sports accidents. Traumatic brain injuries, spinal cord injuries, bone fractures, and other injury types are common in contact sports, particularly football.
- Workplace accidents. For workers in certain industries, such as construction, the risk of a catastrophic injury is greater. Equipment and machinery accidents and falls from heights are especially worrisome.
- Falls. Whether falling from a high height (such as a worker who falls off of a scaffold) or slipping and falling, a fall presents the risk of a catastrophic injury. Most commonly, falls can lead to head injuries and bone fractures.
- Defective product accidents. Sometimes, the use of a product that is defective can lead to a catastrophic injury. A defective product could catch fire, leading to severe burn injuries, for example.
Liability for a Catastrophic Injury
When a person suffers a catastrophic injury due to the negligence of another party, they deserve to be compensated in full for their harm. In order to hold another party liable for one’s damages, a plaintiff must be able to prove the four following elements:
- Duty of care. The first element of a catastrophic injury claim is proving that the defendant owed the plaintiff a duty of care. In many cases, the duty of care is implied; in other cases, a specific type of relationship will need to be proved – e.g., doctor and patient.
- Breach of duty of care. The second element of a claim is proving that the defendant breached the duty of care owed to the plaintiff. In most cases, this breach happens through an act of negligence–the failure to demonstrate the same level of care as a person of reasonable prudence would in the same situation. Negligence may be in the form of drinking while driving, speeding, failing to maintain a safe premise, defectively manufacturing a product, failing to train student athletes on proper tackling form, and more depending on the situation.
- Causation. Third, a plaintiff will need to prove causation; it is not enough to establish negligence/breach of duty alone. Proving causation means proving that the accident and injuries would not have occurred but for the defendant’s negligence, and therefore that the defendant’s negligence was the proximate cause of harm. In a catastrophic injury case, the burden of proof is by a preponderance of the evidence. This means that the plaintiff has the burden of proving that it is more likely than not that their claim is true.
- Damages. Finally, the fourth element that must be proved is damages. A plaintiff must show that not only were they involved in an accident, but that they suffered actual damages as a result. For those who have suffered catastrophic injuries, the damages are typically quite significant, and in the form of both economic and non-economic losses.
Why Work with a Boylston Catastrophic Injury Attorney?
A catastrophic injury might mean never being able to work and earn an income again, never being able to do the things that you once loved, astronomical financial losses, emotional hardship, and more. When you work with a Boylston catastrophic injury attorney, your attorney will work hard to advocate for you and improve your chances of recovering every cent you deserve.
To learn more about how Frank Wilson, Attorney at Law can help you, please call our law office directly, send us a message online, or visit our law office in person to request your free consultation.