Some accidents resulting in injuries are life-changing events. If you suffer a catastrophic injury, it could devastate your family life, friendships, and your ability to work.
Such severe injuries rarely occur unless someone has been negligent. When a person’s recklessness or carelessness causes permanent damage, the negligent party is legally responsible for the full-extent of an injured person’s losses. A Wesley Chapel catastrophic injury lawyer could explain the legal options available in your specific case. Get in touch with an experienced injury attorney at Distasio Law Firm today to seek the compensation you need and deserve.
Accidents That Can Lead to Catastrophic Damage
An injury is catastrophic if it permanently impacts the victim’s ability to work, engage in activities of daily living, or live independently. Amputations, injuries causing blindness or deafness, organ failure, severe burns, and traumatic brain injuries all could be catastrophic.
Various accidents could lead to catastrophic injuries. Our dedicated Wesley Chapel attorneys represent people who suffered permanent injuries because of:
- Motor vehicle accidents
- Taking dangerous prescription medication
- Mishaps on boats or personal watercraft
- Fires or explosions
- Defective products
- Medical errors
These incidents and other injury-causing accidents could not happen unless at least one party failed to use reasonable care to prevent injury to others. That party could be a person, a company, or a government entity. When you decide to seek damages after an accident causes a catastrophic injury, your legal representative will identify the negligent parties that had a role in the incident and hold them accountable.
Establishing Negligence Had a Role in the Incident
In most cases, you cannot hold a party responsible for your injuries unless you prove their negligence contributed to the incident. Proving negligence requires showing that the party did not exercise the degree of caution that a reasonable person would have exercised in similar circumstances.
The proof necessary to establish negligence depends on the circumstances. Breaking the law is evidence of negligence and presenting evidence that a driver or boater violated a law or ordinance could help you establish liability. If the injury resulted from a fall at a place of business, a diligent legal professional must prove the property owner did not keep the premises safe for visitors. If a medical error caused a catastrophic injury, you must prove that the healthcare provider did not provide the standard of care a similarly credentialed provider would have offered under the same circumstances.
Sometimes strict liability applies, and you do not need to prove negligence to claim damages. For example, if a catastrophic injury resulted from a defective product, you must prove the product was defective but not that the manufacturer was negligent.
Securing Damages for a Person With Catastrophic Injuries
When an accident produces catastrophic injuries, an attorney or insurance company for a potentially responsible party might approach you soon after the incident to offer a settlement. Early settlement offers usually do not provide adequate compensation for your losses, but they provide a starting point for negotiations.
A skilled lawyer in Wesley Chapel could pursue negotiations with all parties that might bear responsibility for the accident that caused your catastrophic injury. In many cases, the parties can reach an agreement that offers you reasonable compensation. However, if one or more negligent parties are unwilling to acknowledge their responsibility or negotiate in good faith, a claim could proceed to court.
At trial, potentially negligent parties often try to shift responsibility for an accident onto the claimant. Florida Statutes §768.81 requires a jury to discount a claimant’s damages by a percentage equal to their degree of fault for the accident that caused their injuries. A Wesley Chapel serious injury attorney could present evidence and testimony proving that the claimant had little or no responsibility for an accident and is entitled to a comprehensive financial award.
Rely on a Wesley Chapel Catastrophic Injury Attorney to Bring a Claim
Adjusting to life after a catastrophic injury could be extremely challenging. You and your family should enlist the help of a seasoned attorney at Distasio Law Firm to ensure the negligent parties are held accountable for the harm they caused you.
A Wesley Chapel catastrophic injury lawyer could bring their legal knowledge, negotiating skills, and trial acumen to work for you. Call today to speak with an advocate who will fight for you.