A catastrophic injury is a severe trauma that happens suddenly and without warning, with long-term or permanent adverse effects on the person’s life. Some common devastating harm includes spinal cord damage, traumatic brain injuries, or sudden loss of eyesight or hearing.
If you sustained a severe injury leading to disabilities and losses, you have the right to hold the reckless party accountable. Schedule to meet a Houma and Terrebonne Parish catastrophic injury lawyer to review your case. A personal injury attorney could help you file a claim for financial compensation.
The Most Common Catastrophic Accidents
Car crashes are the most common origin of devastating injuries. Some of the other incidents that could lead to life-changing harm include the following:
- Pedestrian and bicycle accidents
- Falls from heights and slip-and-fall accidents
- Motorcycle accidents
- Medical malpractice
- Recreational boating accidents
- Dangerous and defective product injuries
Other actions that often lead to severe damage include trampoline accidents, explosions, and violent attacks. A lawyer in Houma and Terrebonne Parish understands what could lead to a catastrophic injury and the right channels for seeking reimbursement.
The Elements Needed to Prove Negligence
There are specific elements a claimant must establish to prove negligence in catastrophic injury claims, including:
Duty to Adhere to the Standard of Reasonable Care
The first element of negligence is proving a defendant had a legal duty to observe the standard of reasonable care. Anyone performing actions that could harm others, such as driving, must use the same caution as any rational person.
Breach of Duty
When a person is reckless and puts other people in harm’s way, they breach the duty of care. For example, running a red light or stop sign and causing a car crash breaches a person’s responsibility to protect others.
Cause in Fact and Proximate Cause
A case must establish the breach that caused the injuries an individual sustained. If a defendant ran a red light, that must be the primary cause of the crash and not another action.
Total Losses and Damages
Without verifiable injuries and monetary losses, a plaintiff does not have cause for a lawsuit. They can prove this with evidence like police reports, medical records, and hospital bills.
A catastrophic injury attorney in Houma and Terrebonne Parish could help review evidence to ensure a case meets the legal requirements of negligence.
The Comparative Fault Statute for Devastating Injuries
Defendants in injury cases commonly argue other parties share fault for the damages. Under the Louisiana Civil Code § CC 2323, if a court finds a plaintiff is partly responsible for an accident, they will reduce the award by their percentage of fault. If the total damage is $100,000, and the court finds the plaintiff shares 10 percent of the liability, they will receive $90,000.
If a judge finds that a third-party shares fault, they will subtract that from the award, and the plaintiff can file an action to collect those damages if they choose. A Houma and Terrebonne Parish lawyer could answer questions on the civil statute and calculate potential damages under the comparative fault rule after a catastrophic injury.
Call an Experienced Houma and Terrebonne Parish Catastrophic Injury Attorney
Severe injuries could have devastating consequences with life-changing impacts and adverse outcomes. When someone fails to act reasonably and hurts others, they must pay for their careless behavior.
People are legally responsible for the consequences of their reckless actions. They must behave reasonably to avoid causing others harm. Schedule a consultation with a Houma and Terrebonne Parish catastrophic injury lawyer if you need help with a claim.
