While some people walk away from accidents without any harm, many people are not as fortunate and suffer catastrophic injuries. Catastrophic injuries typically cause pain, emotional trauma, and astronomical financial losses, and people suffering from catastrophic injuries often face uncertainty regarding how to address the challenges presented by their injuries. In many instances, catastrophic injuries are caused by careless behavior, and the parties responsible for the injuries may be held liable in a civil lawsuit. If you sustained a catastrophic injury, you should speak with an attorney regarding your potential claims. At Galine, Frye, Fitting & Frangos, LLP, our San Mateo catastrophic injury lawyers can advise you on your options for pursuing damages and develop compelling arguments to assist you in striving for the best outcome available under the facts of your case. Our trusted attorneys have more than 75 years of total experience handling personal injury lawsuits.What Constitutes a Catastrophic Injury?
In general terms, a catastrophic injury is an injury that greatly harms a person’s health and ability to complete the functions of daily living, such as earning an income. Common catastrophic injuries include traumatic brain injuries, spinal cord injuries, amputation and crushing injuries, burns, and injuries that cause loss of hearing or vision. Catastrophic injuries are often caused by trucking accidents, car accidents, and construction accidents, but they can also be caused by slip and fall accidents, defective products, and violent attacks by other people or animals. Catastrophic injuries often require extensive medical treatment, including hospitalization and surgery, and may require lifelong care. Additionally, many people who suffer catastrophic injuries cannot resume work or cannot work in the same position or capacity as they did prior to their injuries. The catastrophic injury attorneys at our San Mateo firm have seen that these injuries often cause subsequent mental harm, such as anxiety and depression, as well.Proving Liability for Catastrophic Injuries
In most cases, a lawsuit seeking damages for catastrophic injuries must be filed within two years of the date of the harm. It is important, therefore, for anyone who wishes to pursue claims against the party that caused their injuries to act promptly. Typically, a person suffering from catastrophic injuries will allege that the party responsible for his or her injuries acted negligently. To prove liability for negligence under California law, an injured party must prove that the defendant owed the injured party a duty, but the defendant breached the duty, causing the injured party to suffer measurable damages.
Generally, the duty owed is the duty to act with reasonable care under the circumstances. In some cases, evidence that the defendant violated a law designed to protect people such as the injured party, and that the violation caused the injured party’s harm, can be used against the defendant as evidence of negligence. Our San Mateo catastrophic injury attorneys will gather all the evidence needed to prove your claim.
Frequently, a defendant will attempt to evade liability by arguing that the injured party brought about the accident that caused his or her harm, and therefore, the injured party should not be awarded damages. Under California law, however, while negligence attributed to an injured party will offset the defendant’s liability, it will not preclude the injured party from recovering damages. Damages recoverable include the cost of past and future medical treatment, compensation for lost wages and loss of earnings, and compensation for the mental anguish, pain, and suffering caused by any injuries sustained. In some cases, the injured party may need to retain one or more experts to opine on the extent of his or her damages.Contact a Skilled Accident Attorney
Catastrophic injuries often impair people’s health, income, and relationships, and people who suffer catastrophic injuries should be compensated for their harm. If you sustained a catastrophic injury, you should confer with an attorney to discuss your rights. The skilled catastrophic injury lawyers at the San Mateo firm of Galine, Frye, Fitting & Frangos, LLP are adept at helping injured parties seek justice, and we will aggressively advocate on your behalf to help you fight for any damages that you may be owed. We assist injured people throughout the San Francisco Bay Area. We can be reached through our online form or at (650) 345-8484 to set up a free and confidential conference.