Dealing with injuries from an accident can be stressful, painful, and inconvenient. Catastrophic injuries are life-changing events that may leave you with severe, long-term, or even permanent impairments, such as spinal cord injuries, amputations, significant burns, or traumatic brain injuries.
If you or someone you know is dealing with the aftermath of a catastrophic injury, you need a compassionate personal injury attorney to help you with a personal injury lawsuit. A Virginia Beach catastrophic injury lawyer could gather evidence, work with experts, and create effective arguments so you can receive the damages you deserve. These damages can help you pay for past and ongoing medical expenses, lost wages from missed work, and compensation for your pain and suffering.
Catastrophic injury cases fall under the general personal injury law umbrella, but they are more complex because they involve significant claims. The evidence required, and the amount of the damages requested will be greater because of the impact the injury has on the patient’s life.
Though these cases are more complicated, they follow the same general procedures as other personal injury cases. The injured party is the plaintiff, who files suit against the defendant or defendants whose behavior caused the injury. With few exceptions, the suit must be filed within two years from the date of the injury per the state’s statute of limitations, the deadline for personal injury cases.
One exception to the statute of limitations for catastrophic injury cases is latent injuries, which are injuries that are not immediately noticed or diagnosed at the time of the accident. An example would be a car accident that led to a traumatic brain injury that was not diagnosed for several months. In those cases, the statute of limitations will instead run until two years after the victim finds out about the injury and its cause. Whether the injury is latent or not, it is important to consult with a Virginia Beach catastrophic injury lawyer to ensure that the claims are filed promptly and not barred by the statute of limitations.
When an injured plaintiff files a personal injury lawsuit, one of the most important things they need to know is how much to ask the court for in damages and other compensation. Damages like hospital bills, medications, vehicle repairs, and lost wages are considered economic damages because they can be calculated from specific known amounts. However, a plaintiff may also be able to recover non-economic damages for things like pain and suffering. These damages are more subjective because they are not based on specific dollar amounts. Punitive damages may also be a factor when there is evidence of reckless or intentional conduct that caused the plaintiff’s injuries.
In a catastrophic injury case, the lawsuit should request special damages, including long-term medical care, help with daily tasks, reduced life expectancy, significant emotional trauma, and loss of enjoyment of life. A catastrophic injury lawyer in Virginia Beach could make sure all relevant areas are backed up with evidence and, if necessary, expert testimony.
There is no cap on the amount of economic or non-economic damages a plaintiff can recover in a personal injury suit. If they are relevant to the personal injury case, punitive damages cannot exceed $350,000. Otherwise, the only exception to these rules is that damages in medical malpractice cases are capped at $2 million.
When you have sustained a life-changing injury, you need help to recover and make the necessary adjustments to cope with the changes the injury has caused. If another party’s negligence, recklessness, or intentional actions caused your injuries, the law entitles you to compensation to help you recover from your losses.
A Virginia Beach catastrophic injury lawyer could offer important support and guidance throughout both your medical recovery and legal case. Contact our office today and schedule a free consultation with an attorney who could act as your advocate so you can focus on your recovery.
