A catastrophic injury refers to permanent and severe harm to the head, neck, spinal cord, or brain as well as serious burns. These types of injuries have life-long and life-altering implications. Aside from the physical and emotional toll, these catastrophic injuries can cause financial hardship which can be challenging to deal with alone.
A Louisville catastrophic injury lawyer can guide you through the process of seeking compensation for your damages. An experienced personal injury attorney in the Louisville and Southern Indiana area will provide insight into your current situation and help you assess your options before moving forward.
When someone suffers from a catastrophic injury, it often changes the course of their life and those around them. These injuries are so severe that they leave the plaintiff permanently injured. Catastrophic injury victims in Louisville may find themselves unable to assume the same workload or life activities that they did prior to the injury.
Common examples of catastrophic injuries include:
One of the first steps before filing a personal injury claim is to determine whether the incident is covered under an insurance policy. If so, the injured party may be able to recover economic damages and negotiate a settlement with the insurance carrier for additional damages not covered under the policy.
If a plaintiff decides to file a personal injury lawsuit, they are required to prove by a preponderance of the evidence that the defendant caused their injuries. A preponderance of the evidence requires the plaintiff show proof through testimony and other forms of evidence that the defendant caused their injuries. It should be noted that in cases where catastrophic injuries result from an automobile accident, at-fault drivers covered by no-fault insurance may not be sued unless the plaintiff’s injuries meet a particular threshold.
Under the pure comparative fault rule, if a catastrophic injury plaintiff in Louisville was also at fault for causing the injury, their damages may be reduced. Under the rule, a plaintiff’s damages are reduced by their percentage of fault. However, a Plaintiff may be eligible to recover compensation for damages even if they are 99 percent at fault.
Victims may seek economic, non-economic, and punitive damages for catastrophic injuries in Louisville. They must file their lawsuits within one year of the catastrophic injury, according to Kentucky Revised Statutes §413.140(1)(a).
Economic damages might compensate a plaintiff for monetary losses such as medical expenses and lost wages, while non-economic damages might cover pain and suffering and loss of enjoyment of life. In catastrophic injury cases, non-economic damages could be higher than other injury cases because of the severity and permanence of the injuries.
Punitive damages are awarded less often and only in cases where the defendant’s actions were reckless or intentional. Their primary purpose is to deter the defendant from committing the wrongful act again in the future.
You do not have to fight for your recovery alone. A compassionate and experienced Louisville catastrophic injury lawyer will help lessen the weight. They will review the facts of your case and help you develop a strategy to fight for the legal relief you and your loved ones deserve. Call now to learn more about your future recovery, and get started today.
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