Elkins Catastrophic Injury Lawyer
Someone who has recently suffered a catastrophic injury may not have the presence of mind to consult legal counsel immediately. However, they or someone acting on their behalf should do just that without any delay so that they do not run the risk of missing their window to file a claim against a negligent party.
If you experienced a significant injury caused by another’s careless behavior, you have a right to hold any responsible parties liable. Damages awarded in a personal injury lawsuit may cover medical costs, lost wage earnings, pain and suffering, and other tangible and intangible harm suffered. Contact an Elkins catastrophic injury lawyer to see how filing a lawsuit could provide you with financial relief so that you can focus on recovering from your injury.
Injuries Considered Catastrophic
As defined by federal statute, in 34 USC §10284, a catastrophic injury is a significant bodily injury that prevents one from working gainfully. This harm could include injury to the spine or brain, severe burns, amputation, incurable diseases, paralysis, and damage to internal organs. These injuries are life-changing, painful, and could even lead to a lifelong disability.
Reflecting the federal statutory definition, legal cases involving catastrophic injuries could arise from workplace accidents leading to Workers’ Compensation claims. They could also stem from traffic accidents, sports injuries, or criminal violence. An Elkins resident who has been involved in a catastrophic accident and is interested in seeking reimbursement from other liable parties could receive more helpful information from a local injury attorney.
Employment Claims for Lost Wages from Dealing with a Significant Injury
As provided in Chapter 55 of the West Virginia Code, when filing a claim against an employer, employees have a duty to mitigate any lost wages they claim, regardless of any malicious intent that may have affected the employer’s actions. A court or jury awarding back or future pay must reduce the amount awarded by actual earnings the plaintiff made from other employment or could have made through diligent actions.
When conflict arises between a boss and employee over this requirement, the employer must prove the worker’s lack of diligence. Someone involved in such a conflict could seek advice on how to refute challenges from an employer by speaking with a catastrophic injury legal advisor in the area.
Elkins Lawsuits for Personal Injury and Wrongful Death
Someone who suffers a catastrophic injury caused by another has the right to bring a lawsuit to hold the other parties liable for their negligent or reckless acts that lead to causing the plaintiff harm. If a plaintiff dies during legal proceedings, an appointed personal representative could bring a wrongful death action and distribute any resulting damages to the deceased plaintiff’s wife and children, or other surviving family members, as required by statute.
Compensatory damages that could result include economic relief, such as medical bills, lost wages, and funeral expenses. Noneconomic relief, such as mental anguish and loss of the deceased’s companionship could also be awarded. Further, if a court or jury deems it just, they may award punitive damages if the plaintiff shows that they suffered harm from the adverse party’s malicious acts or indifference to the welfare of others. Any punitive damages awarded may not exceed the greater of $500,000 or four times the amount of the compensatory damages granted.
Hold Responsible Parties Liable with an Elkins Catastrophic Injury Attorney
Under state law, those whose intentional or negligent acts injure others must compensate for any harm they cause. Someone suffering from a significant injury at the hands of another has a right to hold responsible parties liable and recover losses.
If you do not bear full responsibility for an injury, you should not carry its entire weight on your shoulders. Speaking with an Elkins catastrophic injury lawyer could be the first step to recovering the compensation you need to lighten your burden. Call today to learn more.