Hixson Catastrophic Injury Lawyer
Catastrophic injuries are extremely life-altering and could include traumatic brain injuries (TBI), spinal cord injuries, or any other injury that precludes victims from performing their own daily care or earning a living. While avoiding these incidents is something everyone hopes to do, there are situations that could lead to serious harm in which we have little to no control. Worse yet, there are moments where people have no control over the injuries they incur though someone, at some point, did.
If the negligence or intentional act of another person led to you or your loved one’s catastrophic injury, now is the time to call a Hixson catastrophic injury lawyer for assistance with a legal claim. You could receive compensation for your injuries and suffering.
Establishing a Claim of Negligence
Although the majority of injury cases settle before they even make it to trial in court, the victim’s attorney must be able and ready to show the judge or the jury that several different legal requirements for negligence were met in order to win the claim. If all of these points cannot be proven, the victim jeopardizes the correct amount needed to compensate him or her for his or her losses.
Duty and the Breach of Duty
When establishing negligence, attorneys must prove that the defendant owed a duty of care to the plaintiff and subsequently breached that duty. For example, doctors have duties to treat patients with an accepted standard of care, drivers are expected to obey traffic laws and drive defensively, and employers have a duty to provide a safe work environment for their employees. Attorneys must show that the defendant did indeed owe a duty of care to the plaintiff and then breached that duty.
Injury and Damages as a Result
Being able to prove duty and breach of duty does not create a successful lawsuit for a plaintiff in of itself. The plaintiff’s lawyer must be able to show that the breach of the defendant’s duty caused injuries and therefore damages to the victim.
Multiple Defendant Liability in Catastrophic Injuries
In some catastrophic injury cases, there may be multiple people or parties liable. For example, if a motor vehicle accident was caused by more than one driver or if a medical malpractice event involved the mistakes of more than one healthcare provider, a catastrophic injury lawyer in Hixson could bring a claim against all relevant parties.
According to Tennessee Code Ann. § 29-11-102, when multiple defendants are found liable for the injuries of the plaintiff, they are usually severally, meaning individually, liable. However, in cases where defendants act together to cause an injury and product liability claims, several and joint liability are not applicable.
If one defendant settles with the plaintiff, the total amount of the award would be reduced by the amount of the settlement. When joint and several liabilities applies, defendants are entitled to contribution when they pay more than their share of the award, as long as they did not commit an intentional tort.
Hire a Hixson Catastrophic Injury Attorney
The outcome of a catastrophic injury lawsuit significantly often impacts the rest of your life. This is no time to take a chance on what another insurance company may offer to settle your case or to try to handle this legal battle yourself.
Instead, hire a Hixson catastrophic injury lawyer who has the experience and dedication to go to work for you. Our courts protect our legal rights and it is time to use them. Call today.
