ho endure catastrophic injuries experience a life-changing events that can end with permanent disability and, sometimes, death. The long-lasting ramifications of a catastrophic injury drastically affect the victim, as well as their family. The needs of the victim after a catastrophic injury are often extensive, and may include:
An elongated disability period could result in a loss of income coming when medical bills are mounting. Given the immense physical, emotional, and financial toll exacted by catastrophic injuries, it is in the best interest of victims and their families to seek professional legal help. Victims are urged to contact a qualified catastrophic injury lawyer for assistance.
There are various medical, and legal, definitions for catastrophic injury. The California Labor Code calls a catastrophic injury including, but not limited to, loss of a limb, paralysis, severe burns, or a severe head injury. Other catastrophic injuries include damage to internal organs and permanent loss of vision or hearing. Sexual abuse may also be considered a catastrophic injury, as it can cause long-term health effects, including severe anxiety, substance abuse, depression, eating disorders, post-traumatic stress disorder (PTSD), self-injury, and suicide.
For persons with catastrophic injuries, the road to recovery will be long and difficult. Their pain and disability may be permanent, requiring lifelong care and expensive treatment. The lasting effects of five common catastrophic injuries include:
In addition, trauma to the eyes, ears, or brain can result in partial or total loss of one sens, which can make life challenging for the victim.
One or more parties can cause a person to suffer from a catastrophic injury because of their negligence. Those who find themselves the victim of a catastrophic injury because of negligence or willful endangerment can pursue legal action against those responsible. A catastrophic injury claim can help victims recover compensation for their suffering, including:
A person can anticipate a significantly higher claim if they file a catastrophic injury claim as opposed to a standard personal injury claim, but they are also more complicated. In California, there are statutes of limitation for pursuing certain types of lawsuits.
The Consumer Product Safety Commission (CPSC) reports that on average, Americans spend about $1 trillion per year because of deaths and injuries that occur from defective products. The CPSC was created to protect consumers from defective products that pose a risk from a fire, chemical, electrical, or chemical hazard. Examples of wrongful death and injuries from defective products include:
The CPSC is also a place where victims can file a claim if a person has been hurt because of a defective product or by the family of a person killed by a defective product. However, just because a claim is filed with the CPSC does not mean that the Commission will pursue it. It may elect not to act on the case for various reasons. For those victims who wonder if their case is worth litigation, they should consult with a qualified lawyer.
“Every case where we’ve had an impact on someone’s life has truly touched me. It is a constant reminder that what we’re doing here at ACTS LAW can change our clients’ lives for the better.”
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Founding Partner
When a defective product causes an injury, multiple parties in the distribution chain might be held liable, including:
Just before a person files a product liability case, it is important for the victim and their lawyers to identify all the potentially liable parties to ensure that all entitled compensation can be recovered. If multiple parties share the burden of the responsibility for the product that caused harm, it falls under the theory of joint and several liability. If one defendant lacks the financial resources to pay, the others must make up the difference.
Identifying liable parties can be a complicated situation for the victim and their legal team. There are various spots along the production line when a defect could have been introduced to a product or when someone could have missed a problem.
Manufacturers employ various quality control processes to ensure products are produced and assembled correctly. Outside consultants may be brought in at any point, and their liability should be investigated. Retailers and distributors may also be held accountable, particularly if they are found to have sold or distributed products that were recalled by the CPSC.
The laws of California state that a person is seemed responsible for causing someone else’s injury by want of ordinary care or skill in the management of their own property or person. That means that if the person should have to take reasonable care, skill, or judgment could have prevented the possibility of causing the harm to someone, the defendant can be found to have been negligent. Most states have similar definitions of negligence. However, when both parties are partially at fault, state laws vary in interpreting how much negligence is shared.
In California, its code allows for what is called comparative negligence, which means that all the parties found to bear responsibility for the accident share the costs for the injury on the same percentage basis. It could even include the victim of the injury themselves. As an example, if the plaintiff if found to be responsible for 30 percent of the accident and the defendant found to be 70 percent responsible, the defendant will be ordered to pay 70 percent of the plaintiff’s damages.
Laws are always changing, so what is true for state law one year could be different the following year. Those who have suffered from catastrophic injuries and are looking for legal relief should seek an experienced lawyer who knows the law to ensure they obtain the best outcome for their case. Although financial compensation cannot undo the suffering endured by victims and their families, it can help relieve the financial burden so they can focus on rebuilding their lives.
Sexual abuse of a child is one of the more horrific crimes, and it has both civil and criminal penalties. The victimized child is left with lifelong feelings of doubt, despair, depression, and embarrassment. It takes a single event only of improper touching to cause prolonged emotional damage through adulthood.
Studies by the Crimes Against Children Research Center show that one in five girls and one in 20 boys is a victim of child sexual abuse. The Center found that during a particular one-year period in the United States, 16 percent of youth between the ages of 14 and 17 had been sexually victimized and during their lifetime, and that 28 percent of U.S. youth ages 14 to 17 had been sexually victimized.
Other studies have found that three out of four adolescents sexually assaulted were victimized by someone they knew well. Several psychological side effects result because of sexual abuse of children. The longer the abuse, the more rooted the problems. A child who endures prolonged sexual abuse usually develops low self-esteem, a feeling of worthlessness, and an abnormal or distorted view of sex. The child may become withdrawn and mistrustful of adults and can become suicidal.
Although there are criminal charges that the perpetrator will face, there are also other avenues that a victim can pursue to hold the perpetrator accountable for their actions. The victim can sue their attacker as well as that person’s employer under theories of negligent hiring, supervision, and training.
The reason why it makes sense to take action against the employer as well as the perpetrator is to prevent the company or institution from being negligent in its hiring practices in the future to prevent future cases from occurring. Employers, supervisors, coworkers, and other adults may also hold some responsibility for these horrific acts. These individuals may have failed to conduct sufficient background checks, investigate complaints, or report suspicious behavior to law enforcement.
An annual calculation of injuries that take place within the workplace is kept by the Bureau of Labor Statistics (BLS). Although thorough, the numbers do fail to consider the number of catastrophic injuries that take place per year. The numbers do differentiate the totals for fatal and traumatic injuries. Those numbers for 2018 include:
Several occupations face a high risk of catastrophic injury over other professions. Those workers at higher risk include pilots, roofers, loggers, fishermen, and construction workers.
Secondary conditions may also develop because of the primary catastrophic injury. These conditions may include:
Specific secondary conditions that may arise due to paralysis from spinal cord injuries include:
Family members may also suffer fatigue and emotional distress due to the burdens of acting as caregivers and handling the ongoing disruption of normal daily life.
It might take a multi-pronged effort to handle the needs of a catastrophic injury. Victims could require several types of services, equipment, and support systems. The cost of care can be tremendous, and may include paying for any combination of:
Many victims might not have health insurance that will help defray the costs of those expenses. One option for them could be Medicaid. However, less than about three percent of all catastrophic injury victims are covered by Medicaid.
If you have been the victim in a Civil Rights, Insurance Law or Personal Injury, then our experienced and knowledgeable attorneys would like to hear from you. We can help ensure that your rights are protected and fight for the compensation you deserve.
No two cases are the same, so the amount of money that a victim of a catastrophic injury can expect to claim varies depending on the situation. Because cases have different circumstances and different juries, there are no guarantees about the outcome.
The experienced Sacramento catastrophic injury lawyers at ACTS LAW have a proven track record of getting results. The firm has collectively recovered more than $500 million for personal injury victims. The following represent examples of past cases that were successfully handled by our firm:
In California, a victim of a catastrophic injury or the family members of a person killed, has two years to sue from the time of the accident. A person has standing a lawsuit if they are involved in an action that includes an assault, battery, or injury to or death of an individual caused by the wrongful act or neglect of another.
Should a person attempt to file their case after the two-year timeframe has expired, they will automatically lose the case unless they can demonstrate extraordinary or unusual circumstances. However, even in those situations, the victim must present a significantly convincing argument.
If a victim plans to file a case against an entity of the city, county, or state government, the timeframe is only six months or 180 days.
There are many ways a catastrophic injury can occur, including:
The leading causes of catastrophic injuries are vehicular accidents, workplace accidents, and violent incidents, including those involving firearms.
If you or a loved one suffered a catastrophic injury, you are urged to contact the Sacramento catastrophic injury lawyers at ACTS LAW. We have the knowledge and resources to reconstruct the circumstances of your case, and we will fight to ensure that you are receiving the appropriate compensation to which you are entitled. Our team is dedicated to making this process as easy as possible. To schedule a free, confidential consultation, call us today at 833-228-7529 or contact us online.
With offices in San Diego and Los Angeles, we proudly serve clients throughout Southern California.
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