Accident victims can sometimes sustain injuries so severe that they have a long-term, or even lifetime, impact on their physical and financial wellbeing. Michael O. Smith is a Boston personal injury lawyer who understands how difficult it can be to move forward after suffering a catastrophic injury. Mr. Smith has helped victims in a number of personal injury matters pursue claims against those who caused them harm. He can provide you with compassionate legal guidance, while aggressively pursuing your rights against the parties responsible for your injuries. Contact us today to discuss your case.
Catastrophic Injuries In Accidents
Accidents can cause serious and catastrophic injuries. Whether it is a dog bite or a chain-reaction truck crash, catastrophic injuries result from a variety of circumstances. Some of the more severe injuries include:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries, which can result in tetraplegia or paraplegia
- Loss of limb
Catastrophic injuries have a significant human and economic cost. The Centers for Disease Control estimates that TBIs account for one-third of all injury-related deaths. The National Fire Protection Association attributed a yearly average of 209 deaths, 764 injuries, and hundreds of millions in property damage to motor vehicle fires between 2006 and 2010. According to the National Spinal Cord Injury Statistical Center, anywhere between 238,000 to 332,000 Americans live with a spinal cord injury. Their lifetime cost can be in the millions, depending on the severity of the injury and the victim’s age.
Liability For Catastrophic Injuries
Catastrophic injuries are often the result of preventable accidents. If you were hurt in an accident, you can seek compensation for your injuries by filing a personal injury lawsuit against those who harmed you.
A victim of personal injury can hold a defendant accountable under several theories of liability. The nature of the accident and the defendant will help determine which theories are viable in a particular case. These theories may include:
- Negligence. If a person owed you a duty of care, you can file a claim under negligence. You would have to establish that the defendant breached his or her duty of care and that the breach caused your injuries and damages. This theory may apply to pedestrians or motorists injured in car crashes.
- Strict liability. In certain cases, a defendant will be liable regardless of whether he or she owed a duty or breached it. A plaintiff in a dog bite case, for example, can hold the dog owner strictly liable in Massachusetts without having to show the owner was negligent.
- Breach of warranty. Products in Massachusetts must be fit for safe consumption and use. A plaintiff may hold a manufacturer or seller liable in a product liability claim if a defect anywhere along the chain of a product’s design or manufacture causes injury.
If more than one party caused you harm, you can hold the parties jointly and severally liable for your injuries. Massachusetts allows a plaintiff to recover total damages from one party, regardless of its proportion of fault. It is then up to that party to seek contribution from any other person or entity responsible for the plaintiff’s injuries.
Seeking Compensation For Your Injuries
Catastrophic injuries can leave a victim with months or years of medical care, and unable to work. You may seek compensation for your injuries from those who caused you harm. You can recover for your past and future medical expenses, such as those for rehabilitative care or surgeries. You can also recover for your lost income, future wages, property damage, and any pain and suffering.
If your loved one died as a result of their injuries, you can potentially recover damages for their funeral and medical bills, loss of consortium, and more through a wrongful death claim.
Boston personal injury attorney Smith and his team of attorneys will fight for your right to fair compensation for your injuries. Mr. Smith is a seasoned personal injury attorney with years of experience representing clients in a wide range of injury cases. He has advocated for his clients at trials, and aggressively negotiated with insurers. He handles each case personally, and will provide you with the representation that is appropriate for your case. Call our office at 617-263-0060, or fill out our online form to schedule a no-obligation consultation. We serve clients from our offices in Boston.