Meigs County Catastrophic Injury Lawyer
When a person is involved in a situation that results in a catastrophic injury, their life will be forever changed. By its very definition, a catastrophic injury is one that has a permanent, debilitating effect on a person’s life. Not only do these injuries have a high associated treatment cost, but they also negatively impact a person’s ability to care for themselves and their families.
A Meigs catastrophic injury lawyer represents people who have suffered catastrophic injuries at the hands of others to pursue civil claims for their injuries. If you have been injured in a serious accident and sustained a catastrophic injury, speak with a qualified personal injury attorney today.
What is a Catastrophic Injury?
Tennessee has a very strict definition of a catastrophic injury and this definition affects any subsequent court proceedings. In TN Code 29-39-102, a catastrophic injury is defined as an injury:
- To the spinal cord resulting in paralysis of two or four limbs
- That results in the amputation of two hands, two feet, or one of each
- That causes third-degree burns over 40 percent of the body or 40 percent of the face
- That results in the wrongful death of a parent leaving a minor child
Potential Damages
In the same statute, the total non-economic damages that may be claimed as the result of a catastrophic injury is $1 million. A non-economic injury is all damages that are not immediate hospital bills. These include lost wages, pain, and suffering, and loss of companionship, among others. However, this limit does not apply in some specific situations, as discussed below. A time limit imposed on plaintiffs, it states that if the case is not filed in time, the case will be dismissed.
TN Code 28-3-104 states that all actions for personal injury, including those for catastrophic injury, must be started no more than one year from the date of injury. This is extended to two years if the conduct alleged is prosecuted as a crime by the State authorities. Injured individuals should initiate their claim by contacting a Meigs catastrophic injury lawyer well before this time limit is up.
Causes of Catastrophic Injuries
Many catastrophic injuries are the result of an accident. Car accidents, industrial accidents, and slip and falls are all examples of these. In these cases, the claim is handled in a similar way to all other personal injury cases where the plaintiff was hurt due to another’s negligence. However, some catastrophic injuries may be the result of an intentional act. When this is the case, the calculus of the lawsuit changes significantly.
When a person is injured due to an intentional act, such as a crime or being intoxicated, the plaintiff must argue that the injury was the result of a tort such as battery, or intentional infliction of emotional distress. Here, the plaintiff needs to show both that the defendant’s actions were intentional and that they caused the catastrophic harm. It is also in these cases, where the hurt was not the result of an accident, that the one-million-dollar cap discussed above does not apply. Damages for these cases have no cap.
Benefit of a Meigs Catastrophic Injury Attorney
Any catastrophic injury has an immediate and permanent effect on not just the injured person, but also their family. With injuries that result in loss of limbs or severe burns, a person’s ability to recover and provide a livelihood are extremely limited.
If you have suffered these injuries as the result of another person’s negligence or intentional act, contact a Meigs catastrophic injury lawyer.
An attorney can help injured individuals fight for the compensation that is warranted for their severe injuries. By presenting the evidence in a strong, thoughtful way, many cases settle without needing to go to trial. In the rare instance of a court case, the litigator argues’ cases with clarity and force. Contact a Meigs catastrophic injury lawyer today.
