A horrific injury can leave you or a loved one with a difficult recovery that could take years. Additionally, dealing with a serious injury not only takes a mental and physical toll on a person, but it also can strain family relationships and finances. When responsibility for someone’s injuries rests in the hands of another, this person should be held accountable.
A Gainesville catastrophic injury lawyer could help you and your family through this challenging time as you seek compensation for your losses. Speaking to legal counsel is the first step in the process, and should be done as soon as possible after an accident. A seasoned personal injury attorney could stand by your side and zealously argue on your behalf in an insurance negotiation or a courtroom.
Catastrophic injuries are those that result in long-term or permanent disfigurement or disability. Disability can range in terms of severity and may involve both cognitive and physical impairments. Individuals who suffer from catastrophic injuries may experience:
It is important to note that many other injuries can meet the criteria. A knowledgeable lawyer in Gainsville could assess an individual’s catastrophic injuries and build a claim for damages.
In Gainsville, most personal injury cases are based on negligence. A defendant acts negligently when they fail to use reasonable care, and as a result, an accident occurs. To establish negligence in a catastrophic injury case, a plaintiff must be able to prove that the defendant owed them a duty of care and then breached this legal obligation.
Then, a plaintiff must show that the negligent act was the proximate cause of their injuries. Unrepresented claimants may encounter difficulty with proving causation because this element can be nuanced and subject to defenses.
Finally, a plaintiff must prove that they were hurt and suffered losses due to the accident. Damages are the object of litigation. These include but are not limited to reimbursement for medical care, lost income, and pain and suffering. A catastrophic injury lawyer in Gainsville could help an injured claimant establish negligence.
Some instances vary in terms of the application of negligence. For example, in a medical malpractice case, the traditional rules of negligence are varied to fit the medical context. If the accident is fatal, the surviving family could bring a wrongful death action on the deceased’s behalf. An attorney could advise a claimant how, in a case involving medical malpractice or a wrongful death suit, the law might vary.
A serious accident can leave you and your family in a dire situation. Fortunately, a compassionate attorney could help you through these tragic circumstances and the aftermath of a serious accident. More importantly, legal counsel could help you develop and execute a plan for seeking financial recovery. Call a Gainesville catastrophic injury lawyer today to learn more about your legal options.