Catastrophic Injury

Some injuries are so extreme that they permanently change the life of a person. In Massachusetts, victims of a catastrophic injury can be partially or completely disabled, which can damage everything in their lives: employment and marriage, income, future plans, even their freedom.

If you or a loved one are catastrophically injured by the terrible actions or bad conduct of another person, with the assistance and support of our catastrophic injury attorney at the Law Office of Matthew M. Foti, you can hold that negligent person liable for the consequences. We know that money does not undo a catastrophic injury, but it can help you get the treatment you need to live with dignity and freedom.

While it is extremely difficult to cope with personal injuries, some are so serious that they can forever change the way a survivor lives their life. An injury from which some can never completely recover is a catastrophic injury. Various conditions, ranging from motor vehicle crashes to product defects to work-related accidents, may be responsible for catastrophic injuries.

Our Boston catastrophic injury lawyer will fight for the right of the injured party to recover compensation for any damages they sustained as a result of the injury. Our attorney will consult with credible medical professionals to determine the full extent of the injuries and seek damages based on the value assessed.

Common catastrophic injuries:

• Burns
• Eye vision loss
• Hearing loss
• Brain injuries
• Spinal cord injuries
• Lost limbs
• Birth defects or injury
• Paralysis

In all kinds of situations, severe accidents happen all the time. These are some of the most common causes of catastrophic injuries:

• Accidents caused by semi-trucks
• Pedestrians hit by cars or trucks
• Boating accidents
• Accident on a Trampoline
• Sports accidents
• Falls
• Fire or blasts
• Medical malpractice
• Defective products

Neck and spinal cord injuries, as they can lead to paralysis that also needs long-term medical treatment and physical therapy, are among the most severe forms of traumatic injury. On the other hand, an accident that causes Traumatic Brain Injury may leave victims facing cognitive and emotional difficulties or significant and crippling life-long effects on their everyday lives. The injured person must re-learn how to perform simple activities such as feeding themselves and motor functions such as walking and speaking in certain instances. For families, TBI may be very problematic because the victim may have memory loss and serious emotional difficulties that can be very hard to manage.

Regardless of the form of catastrophic injury, if the person is unable to function again, victims are left with permanent consequences, and the need for continuing treatment or rehabilitation and/or lost income is needed.

In a negligence case, a plaintiff must establish that all parties owe a duty of care to act as a reasonable person would prevent an accident from occurring under the circumstances. If one party fails to exercise a reasonable level of care, they can be held liable for the damages caused by the accident.

A modified comparative negligence system is followed by Massachusetts, whereby the injured party can only recover if it is found to be less than 51% responsible for the accident. This model recognizes that two parties will share fault for an accident and allows the injured party to recover compensation if the accident or its seriousness is not more than half liable.

The amount of money the judge or jury awards would be adjusted in proportion to the extent of responsibility of the injured party. For instance, if the plaintiff were found to be 20 percent responsible for the accident and the jury awards $1 million in compensation, the plaintiff will only be entitled to recover $800,000 of the overall award.

By arguing that the accident was caused by the negligent or careless conduct of a third party, our lawyer may help you recover for:

• Future income/loss of wages
• Modification to your home (accessible for any disability)
• Costs for rehabilitation
• Expenses related to in-home caregivers
• Pain and suffering
• Healthcare/Medical costs

An estate is set up in the event of wrongful death for the remaining family members to file a lawsuit and claim on behalf of the decent one for the wrongful death.

The insurance firms that cover the negligent parties that caused the accident are paying for these claims and lawsuits. Such cases are also resolved by mediation, which is an informal settlement meeting between the parties to the dispute, as well as by a mediator. Often these cases settle without the need for a trial, other times if the case does not settle, then a trial is required before a judge and jury.

In Massachusetts, generally, there is a three-year statute of limitations for personal injury cases that apply to catastrophic injuries.

Some states impose a limit on the amount of money that victims may claim in civil court for their injuries, also known as a cap. In most instances of injury, though, Massachusetts does not. The only caps that exist are those for medical malpractice claims, according to state law.

If the catastrophic injury of the plaintiff results from medical malpractice, in most cases, a $500,000 non-economic damage cap applies, as per Mass. Gen. Ann Laws. 231 § 60H. with exceptions. It is also important to know if there is a Charitable Immunity cap of $100,000.

Individuals seeking damages should contact a professional catastrophic accident lawyer from Boston to learn more about what forms of damages and the amount of money they could be entitled to.

You already know how painful this experience is if you or someone in your family has personally experienced a catastrophic injury. You could be entitled to compensation for your sustained damages if your accident was caused by the negligence of anyone else. A dangerous driver, a property owner, the owner of an angry dog, or your employer may be the party responsible.

Contact our experienced qualified catastrophic injury lawyer at The Law Office of Matthew M. Foti today. We have the knowledge and experience needed to get you through this difficult time.