If you were affected by a catastrophic injury, small and seemingly unimportant tasks could become extremely difficult or even impossible to handle on your own. On top of a number of other factors, the emotional stress of feeling helpless can make physical healing a challenge.
Though it may not be feasible to completely reverse all the damage resulting from such an injury, there could be an opportunity to recover financially that a skilled injury attorney may be able to help you pursue. If another party’s negligence directly caused your injury, a knowledgeable Gary catastrophic injury lawyer could work to understand your case and help you build toward a positive result after an unfortunate incident.
Generally, a catastrophic injury causes the victim permanent or long-term damage or disfigurement. However, there is no single definition of what this kind of damage specifically entails, so this broad term could apply to a variety of injuries and ailments.
Usually, though, these injuries involve a long and difficult recovery process. They may also potentially necessitate surgery and force an injured individual to take time off work. In particularly severe cases, these injuries may have life-altering effects in the long term, including an inability to return to a previous profession or work at all and a requirement for ongoing or life-long medical treatment.
Potential examples of catastrophic injuries include losing a limb, severe burns, an injury that causes significant scarring or disfigurement, traumatic brain injuries, and spinal cord injuries. Common determiners of such an injury include if a victim could need some form of long-term assistance and if they can still earn a living.
Catastrophic injuries can occur in many different circumstances, and often due to the fault of another party. Common incidents that lead to catastrophic injuries in Gary include:
A dedicated Gary catastrophic injury attorney may be able to review the facts of a victim’s case and help assess liability. Usually, successful cases depend on determining negligence in a particular situation. In some cases, an attorney may find multiple parties share fault, including multiple employees, drivers, or defendants and their insurance companies.
When a Gary catastrophic injury lawyer identifies multiple parties as being liable for a plaintiff’s damages, they may all be named as defendants in an ensuing lawsuit. If a settlement cannot be reached out of court, the case would likely continue to trial.
Depending on the outcome of the trial, the jury may be tasked with determining what percentage of fault each defendant is liable for, as per Indiana Code § 34-51-2-6. They could also set the amount of compensation to which they believe the plaintiff should be entitled.
Under Indiana state law, plaintiffs can be held liable for a portion of their injuries. In these cases, their award would be reduced by the corresponding percentage of fault they bear.
For example, if the plaintiff is found to be 10 percent at fault for the incident, their award amount would be reduced by 10 percent. However, if a plaintiff is found to be more than 50 percent at fault, they would be ineligible to receive any compensation.
Often, catastrophic injuries arise from situations over which you had no control. However, you do have a choice in what your next steps could be. A Gary catastrophic injury lawyer may be able to help you return to as normal of a state as possible with damages obtained through a civil lawsuit. To learn more about your legal options and rights, consult with an attorney today.