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Who is Liable in a Catastrophic Injury?

A catastrophic injury can significantly affect a person’s physical body, cognitive status, ability to work, and their independence for most or all of their life. This type of injury commonly requires emergency care, hospitalization, surgery, and ongoing physical or cognitive rehabilitation, and can result in temporary or permanent disability. Catastrophic injuries are likely to limit a victim’s earning potential or prohibit them from returning to work.

Medical costs and lost wages connected to a catastrophic injury can quickly devastate a victim’s financial health. Liability for a catastrophic injury can be shared among several negligent parties, including employers, manufacturers, and distributors of defective equipment, negligent property owners, and even doctors and hospitals.

Types of Catastrophic Injury

A catastrophic injury is one that significantly impacts a victim’s life. Common types of catastrophic injury include:

  • Traumatic Brain Injury (TBI)
  • Head injuries that result in cognitive, mood, and physical impairment
  • Spinal cord injuries and paralysis
  • Loss of vision
  • Loss of hearing
  • Mobility issues
  • Amputations or loss of limbs
  • Disfigurement
  • Burn injuries
  • Chronic lung damage and lung disease
  • Electrocution
  • Heart Disease
  • Cancer

Catastrophic injury can result in a multitude of consequences for the victim, which include:

  • Medical expenses, both current and future
  • Psychological damage
  • Physical and cognitive deficits
  • Loss of independence and inability to manage the tasks of daily living, including dressing oneself, toileting issues, hygiene, cooking, and eating
  • Lost income
  • Loss of future earning potential
  • Permanent disfigurement
  • Pain and suffering
  • Poor quality of life

* Life care plan

  • Punitive damages
  • Loss of life

When a catastrophic injury limits a victim’s ability to earn a living or to live independently, compensation can be awarded through a personal injury lawsuit, premises liability lawsuit, or product liability lawsuit.

Determining Liability for a Catastrophic Injury

The burden of proof in a personal injury, product liability, or premises liability lawsuit falls on the plaintiff and requires proof that the defendant’s negligence directly resulted in their injury. This is not always easy to prove, even when it seems obvious that negligence was present. Large insurance companies, businesses, manufacturers, distributors, and medical facilities typically have large legal teams on retainer to fight such claims.

An experienced and qualified catastrophic injury lawyer can assess the client’s case, gather pertinent evidence to support the claim, and prove that the negligence of the responsible party directly caused their client’s injury. A lawyer will also be able to determine if there are multiple parties liable for injuries. For example, a person that suffers a catastrophic injury from an accident with a commercial truck may be able to hold the trucking company, the truck driver, and the manufacturer of a defective mechanical part liable for the injuries.

Los Angeles Catastrophic Injury Lawyers at Abir Cohen Treyzon Salo, LLP Help Victims of Catastrophic Injury Claim Compensation

If you suffered a catastrophic injury, contact the  LA catastrophic injury lawyers at Abir Cohen Treyzon Salo, LLP today. We will fight to obtain the compensation you deserve for your injuries. Call us at 833-ACTS-LAW or contact us online to schedule a free consultation today. Located in Los Angeles and San Diego, we serve clients throughout California.

Posted on January 29, 2020josegramajo
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