Clayton Catastrophic Injury Lawyer

When a victim of an accident suffers a catastrophic injury, their way of life could dramatically change. Long-term medical care can significantly reduce a person’s  quality of life, and lost wages and medical expenses can create an undue financial burden.

If you suffered an accident which resulted in a catastrophic injury, you may be able to seek compensation with the help of a trusted personal injury attorney. Consider talking with a Clayton catastrophic injury lawyer to find out what legal options are available to you.

What is a Catastrophic Injury?

The Missouri Revision of Statutes, §538.205, defines a catastrophic injury as an injury resulting in:

  • The permanent loss of function in all four limbs – quadriplegia
  • The permanent loss of function in two limbs – paraplegia
  • The loss of two or more limbs
  • Brain injury that results in permanent cognitive impairment, or inability to dress, eat, bathe, transfer, use the toilet or walk
  • Irreversible failure of one or more organ systems
  • Severe vision loss

Understanding the long-term care and financial needs of a catastrophic injury victim are essential in understanding how much compensation a victim would need over the course of their life. A catastrophic injury lawyer in Clayton may be able to help with the calculation of damages.

Proving Liability in an Injury Case

The costs incurred from a catastrophic injury may not be recoverable if the accident that caused the injury was not someone else’s fault. A personal injury lawsuit claiming someone’s negligence resulted in the accident would be necessary. To prove negligence in Missouri, a plaintiff must show that:

  • The defendant had a duty owed to the plaintiff
  • The defendant failed to perform this duty
  • The defendant’s breach of the duty caused an injury
  • The defendant was the proximate cause of the injury
  • The plaintiff suffered damages

If a lawsuit for negligence is successful, compensation may be available to a victim of a catastrophic injury. Compensation might include lost wages, medical expenses, and any other expenses associated with the injury.

Compensation for non-economic injuries, such as pain and suffering, may also be available to a victim of a catastrophic injury. However, there are dollar limits on the amount a plaintiff can recover for pain and suffering in cases of medical malpractice.

A consultation with a Clayton catastrophic injury lawyer can assist with calculating adequate compensation for expenses and medical care following an accident that resulted in a catastrophic injury.

Statute of Limitations and Comparative Negligence in Clayton

The statute of limitations limits the amount of time a plaintiff has to file a claim for negligence. The Missouri Revision of Statutes, §516.120, provides a five year window to file a claim for an “injury to the person.” However, The Missouri Revision of Statutes, §516.105, provides only two years to file a claim for an injury due to an error made by a health care provider. A seasoned lawyer could help an injured victim with filing a claim promptly.

Additionally, like several other states, Missouri follows a comparative negligence system. Comparative negligence assigns a percentage of fault to each party responsible for the injury. Any compensation owed to a plaintiff as a result of a lawsuit may be reduced by the portion of fault attributed to the plaintiff’s own actions.

How a Clayton Catastrophic Injury Attorney Could Help

Receiving favorable compensation after a catastrophic injury requires an understanding of the complexities involved in a personal injury lawsuit. The addition of economic and non-economic damages can add to an already stressful situation.

If an accident caused by someone’s negligence resulted in a catastrophic injury, a Clayton catastrophic injury lawyer could help you evaluate the damages suffered and start the process of financial recovery.