Suffering any injury due to another person’s reckless or careless actions is traumatic. While some injuries require weeks or months to fully recover, others can require years or be permanent.
If you suffer a devastating injury at the hands of another, a Murfreesboro catastrophic injury lawyer could help you fight to get justice and the compensation you need. A compassionate local attorney could provide trustworthy guidance and help you hold the responsible party accountable for your harm.
What are Catastrophic Injuries?
Catastrophic injuries are categorized by their long-term or permanent harm. These injuries often impair victims physically or mentally to the point that they may need ongoing medical and rehabilitative care, as well as help with personal and domestic tasks.
Injuries are commonly devastating when they involve trauma to the brain or spinal cord. Additionally, severe burns or many broken bones can be classified as catastrophic. Traumatic injuries can occur from:
Treatment for these injuries can be expensive. Therefore, it is important to obtain an attorney in Murfreesboro who could explain to a jury the catastrophic consequences these injuries have had on the claimant. A lawyer should consider future expenses as well when seeking financial compensation.
Types of Damages Available to Someone Severely Injured
Compensation available to a traumatically injured claimant include compensatory damages, which are broken down into economic and non-economic, and are meant to compensate the individual for what they have lost. In rare cases, punitive damages, which are intended to punish the perpetrator for egregious behavior, are granted.
Economic compensatory damages are for losses that are measurable, such as lost wages, medical bills, and other out-of-pocket expenses. Non-economic damages compensate a plaintiff for their human damages, such as pain, suffering, mental anguish, and decreased quality of life.
The courts will only award punitive damages if the defendant acted maliciously, intentionally, fraudulently, or recklessly. Punitive damages are capped at two times the compensatory damage award or $500,000, with some exceptions. These damages are meant to deter others from engaging in behavior similar to the defendant’s as well as to punish the defendant. Under Tennessee Code § 29-39-104, a jury must consider the following when deciding whether to award punitive damages:
- the defendant’s wealth and net worth
- how egregious the defendant’s actions were
- how the defendant’s actions impacted the claimant
- if the parties have personal ties
- if the defendant profited by the injurious act
- if the defendant attempted to correct the wrongful act by offering a settlement
A local attorney could determine whether they can make a claim for punitive damages based on the facts of the individual’s case.
To prove negligence, a claimant must show the defendant acted in a way that no reasonable person would in a similar situation. For instance, when controlling a motor vehicle, a driver has a duty to operate safely. Drivers who are intoxicated are breaching the duty they owe others to drive safely. When drunk drivers cause accidents, they are required to compensate the injured party for any losses they suffer. A lawyer in Murfreesboro could assess a claimant’s case to determine if a catastrophic accident was caused by negligence.
Statute of Limitations
Personal injury lawsuits, in which another’s negligence caused harm to a person, generally must be filed within one year of the accident, according to Tennessee Code § 28-3-104. If criminal charges are brought against the defendant that caused the catastrophic injury, the victim has two years to file a civil lawsuit.
Contact a Murfreesboro Catastrophic Injury Attorney
If you suffer devastating injuries in an accident, contact a Murfreesboro catastrophic injury lawyer. Traumatic harm can have a substantial impact on your physical and mental well-being, as well as cause serious financial burdens. You deserve an attorney who could tell your story and ensure you are properly compensated for your losses. Call today.