Catastrophic injuries have a devastating, life-changing impact on an individual and their family. You have the right to hold the person who caused the injury accountable in court. Filing a lawsuit can be a difficult and emotional process but the process can be much easier with the help of a skilled attorney. Experienced attorneys can alleviate the plaintiff’s responsibility by handling the complicated legal aspects of a lawsuit. Let a Birmingham catastrophic injury lawyer help you start on your path to recovery. En español
What are Some Common Catastrophic Injuries?
Catastrophic injuries can leave their victims with prolonged or permanent disabilities. The injury causes their life to be severely impacted for a long time, possibly forever. To discuss recovering damages for a catastrophic injury, the plaintiff should call an attorney in Birmingham.
Due to the catastrophic injury, the plaintiff’s life is significantly different than before the injury. The plaintiff will notice the injury impacts all aspects of their life, including his or her personal life, work, and enjoyment of life. Common catastrophic injuries include:
- Head or brain injuries
- Spinal cord injuries
- Severe burns
- Organ damage
What are the Causes of Catastrophic Injuries?
Many catastrophic injuries occur either through due to the negligent or intentional act of another. When a person’s reckless actions cause a serious accident, they can be held liable for damages. Negligence occurs when the defendant acted unreasonably given the circumstances. Reasonableness is judged based on what an ordinary person would do in similar circumstances. The defendant does not have to intend to cause the injury. Merely doing an act that happens to lead to an injury is sufficient for the defendant to be held liable.
Some of the most common causes of catastrophic injuries include:
The injured party bears the burden of proof, meaning they need to prove that the defendant’s actions is the cause of the plaintiff’s accident and injuries.
Filing a Catastrophic Injury Claim
The plaintiff has two years to bring their lawsuit before their claims would be barred by that statute of limitations in Alabama. This means the plaintiff has two years from the date of their injury to file the lawsuit against the defendant or it will be forever barred, with few exceptions. The court will refuse to hear any lawsuit brought more than two years after the plaintiff’s injury.
Should a minor suffer a catastrophic injury, there are two options. First, a guardian or family member may sue on their behalf. However, the minor also has the choice to wait until they turn 19 to sue for their injuries.
Under Alabama Code § 6-2-8, the minor has two years from the time they turn 19 to file their lawsuit. As such, the minor may choose to pursue their lawsuit after they turn 19 rather than have a family person sue on their behalf. To decide the best option of recovering for their catastrophic injuries, the minor or the minor’s loved one should call a Birmingham attorney.
Call a Birmingham Attorney Today
If you or a loved one suffered a catastrophic injury, seek emergency medical treatment first. After seeking medical treatment, you should then contact a Birmingham catastrophic injury attorney. The defendant should be held accountable for the damages they caused as a result of their negligent actions. With the help of a local and experienced attorney, you should be able to recover compensation for your medical expenses, pain and suffering, mental anguish, loss of enjoyment of life, loss of consortium, and lost wages. Call today to discuss your legal options for seeking justice and recovering compensation for your injuries.