After suffering a major injury in California, you may have done some research and discovered the legal phrase “catastrophic injury.” If this is the case, you should see an attorney. For more information on what that implies and what your choices are, read on for some general answers, or call The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation regarding your unique situation.
Is it possible to sue someone for a catastrophic injury in the state of California?
Simply put, a catastrophic injury is an injury in which a person is permanently damaged or suffers a long-term loss of the ability to utilize a limb or an organ as a result of the accident. This can include spinal cord injuries, amputations, an accident that results in blindness or deafness, brain injuries, loss of function of a limb, persistent lung damage, and severe, disfiguring burns, to name a few examples of what might happen.
Is it possible to determine who is responsible for catastrophic injuries?
Because of the way California’s personal injury laws are structured, it is possible that more than one party is responsible for these injuries. In addition to the individual who is directly culpable, there may be an employer, an insurance company, or any entity who is liable for paying for the losses that have been sustained.
Think of a scenario in which a person slips and falls while at their place of employment. It is possible that their employer will be held responsible. If the property is owned by a separate individual, the owner of the property may be responsible. It is possible that the accident was caused by defective equipment at the workplace, which might be the fault of the employer, the tool designer, and/or the tool manufacturer.
Despite the fact that I was somewhat at fault, am I still eligible for compensation?
If you were in the state of California at the time of the accident, then the answer is yes. This is due to the fact that California is a state with comparative fault. You are entitled to collect compensation for the portion of your damages that was caused by the defendant’s negligence or willful misconduct. This is true even if you were more than 50 percent at fault for the incident.
If the matter goes to trial, the jury will decide what proportion of culpability you share in the situation. If the matter is resolved by a settlement, the proportion of blame will be one of the factors that will be negotiated.
Is there a deadline for filing a personal injury lawsuit?
Yes. In the majority of situations, you have two years from the date of the accident to make a claim. The time limit for taking legal action is six months if the defendant is a government agency. If the damage was limited to property and there were no injuries, you may be able to make a claim for up to three years.
The goal is to speak with an attorney as soon as possible to ensure that you do not lose out on your opportunity. The Law Offices of Larry H. Parker may be reached at 800-333-0000 for a free legal consultation if you have experienced a catastrophic accident and wish to pursue legal action.