St. Charles Catastrophic Injury Lawyer
Catastrophic injuries can have a lasting impact on a person’s life, as someone who has suffered a catastrophic injury will likely require intensive medical care, rehabilitation, and ongoing pain management. These effects can be costly and place the injured person and their family under serious financial strain.
If you have suffered a severe injury due to someone else’s negligence, A St. Charles catastrophic injury lawyer could fight for the compensation you need. An experienced and compassionate attorney can understand the challenges you and your family face as you undergo treatment and could work to maximize your recovery.
What is a Catastrophic Injury?
A catastrophic injury is a severe physical harm that results in life-threatening or life-altering consequences. These injuries often require extended hospitalizations, lifelong assistance with daily living activities, and continued physical and emotional therapy.
Common Causes of Catastrophic Injury in St. Charles
Many different types of accidents could seriously harm someone. Some common causes of catastrophic injuries include:
- Motor vehicle accidents;
- Medical malpractice;
- Defective products;
- Dangerous drugs;
- Physical and sexual assaults;
- Diving accidents.
When the accident causing the injury is due to another person’s negligence, the victim may be eligible to recover monetary damages. A St. Charles catastrophic injury attorney could assess the accident and determine if someone other than the injured party is at fault.
Types of Catastrophic Injuries
While an accident victim may recover from less severe injuries, catastrophic injuries often result in the loss of mobility, impaired brain function, and permanent disability. These devastating injuries include:
- Loss of vision or hearing;
- Spinal cord damage;
- Brain trauma;
- Severe burns;
- Facial disfigurement;
- Damaged vital organs.
The extent of a person’s injuries could affect the amount of compensation they receive. A catastrophic injury lawyer in St. Charles could seek damages that reflect the impact of the injury on the plaintiff’s daily life.
Negligence Causing Catastrophic Injuries
To recover damages, someone who has experienced a catastrophic injury must show that their suffering was due to someone else’s negligence. The following elements must be proven in court to establish negligence:
- The other party had a duty of care to the victim;
- The other party breached that duty of care;
- The breach of duty caused the accident;
- The accident lead to the injuries.
These elements must be proven by a preponderance of the evidence, meaning it was more likely than not that the responsible party’s negligence caused the victim’s injuries. Under Missouri Revised Statutes §516.120, an injured party has five years from the date of an accident to file a negligence claim. A lawyer in St. Charles could timely file a catastrophic injury lawsuit to recover the victim’s damages.
Recoverable Damages in a Catastrophic Injury Case
Once the plaintiff proves negligence, the court may award money to the injured party. Damages may be broken down into three categories.
The injured party may receive compensation for medical expenses, lost income, and transportation costs to medical appointments. A St. Charles catastrophic injury attorney could calculate these ‘compensatory damages’ and negotiate with the insurance company for compensation.
It may be challenging to value someone’s pain and suffering, but determining an amount is essential in calculating damages. The severity of the injured party’s pain, emotional stress, and diminished enjoyment of life may comprise pain and suffering damages.
If the plaintiff’s injures are due to another person’s reckless or intentional acts, a judge could award punitive damages, which are intended to punish the wrongdoer and discourage others from behaving in a similar manner. Missouri law limits punitive damages to $500,000 or five times the amount of the judgment awarded to the injured party.
Consult a St. Charles Attorney Experienced in Catastrophic Injury Cases
Catastrophic injuries could harm a person’s physical health and emotional well-being for years after the initial accident, so it can be vital to recover compensation that enables you to care for yourself and your family.
A St. Charles catastrophic injury lawyer could work with your doctors to develop a life care plan that addresses your medical needs, gather evidence to build your claim, and present a compelling case. Call today to schedule a consultation and learn more.