Cleveland, TN Catastrophic Injury Lawyer
Being injured is difficult not just for the injured person but also their entire family. There are so many consequences to a significant injury, including physical harm, medical bills, and a potential loss of income.
Even more severe is a catastrophic injury, which includes serious injuries to the spine, brain, spinal cord, skull, or major limbs. These injuries are a special category to themselves because they have the most long-lasting and significant impact on a person’s life.
When you and your family are facing serious economic impacts because of this type of injury, you should get advice and help from a Cleveland, TN catastrophic injury lawyer to help ease the financial burden you are facing. Speak with an adept personal injury attorney that can guide you throughout the complicated legal processes.
Legal Requirements for a Catastrophic Injury Lawsuit
The legal definition of a catastrophic injury “means an injury, the direct and proximate consequences of which permanently prevent an individual from performing any gainful work.” Direct consequence means that the injury directly prevents an individual from being able to work.
Proximate consequences mean that it was foreseeable that this injury would cause the individual to not be able to continue working. There must be no other intervening injury that is preventing the person from working.
A catastrophic injury can be caused intentionally, negligently, or if a company sold a defective product. For an intentional injury, a victim will have to show that the person who caused the injury had the intent to do so. The extent of the injuries they intended to cause may not matter.
Typical Types of Catastrophic Injury
The most serious consequences are usually a severe physical disability or decrease in brain function. Some of the most common types of catastrophic injury include:
- Losing a limb or losing the use of a limb
- Injuries to the spine or spinal cord
- Third-degree burns
- Organ damage
- Severe head injuries
- Traumatic brain injury
- Loss of vision or hearing
Elements the Defense Must Prove
It is important for the injured party to speak with a Cleveland, TN catastrophic injury lawyer to figure out what legal basis the plaintiff and their legal team can use to help recover damages for the loss suffered. If this injury occurred because of another person or a company’s negligence, a Cleveland catastrophic injury lawyer will have to prove the elements of negligence.
The elements of negligence require that a lawyer show that the person or company owed the victim a duty of care and breached that duty of care. Then the lawyer must show that the breach was the actual and proximate cause of the victim’s injury. It has to be proven that the victim suffered damages because of that breach. In this specific situation, the lawyer would have to show that the damages suffered were catastrophic.
Establishing Liability in a Catastrophic Injury Case
A company can also be liable for a catastrophic injury if they sold an individual a defective product. Using this legal theory, a Cleveland, TN catastrophic injury lawyer would have to show that the product was defective either in its design, its manufacturing, or because it failed to warn of a danger or give proper instructions.
It needs to be shown that injury was caused because of the defectiveness of the product. It has to be proven that the injured individual was using the product in a way the company should have foreseen.
Talk to a Cleveland, TN Catastrophic Injury Attorney Today
If you have suffered a catastrophic injury, the last thing you need on top of worrying about your medical needs and financial strain is uncertainty about the correct legal processes and procedures. An attorney can take those worries away.
Speak with a Cleveland, TN catastrophic injury lawyer who can provide you with advice on how you should move forward with your lawsuit. A lawyer can help you figure out which theory of law would be best to win your case. When you and your family are dealing with severe medical issues, let a lawyer help you figure out how to get back on your feet.
