A catastrophic injury can be life-altering. Some recovery may occur but limit the lifestyle you had prior to the injury. Your injuries may require regular medical care for the rest of your life, physical therapy, and adaptive equipment.
If you suffered a catastrophic injury at the hands of a negligent party, a Boston catastrophic injury lawyer could help you file a personal injury claim in civil court to obtain the compensation to which you may be entitled. An experienced attorney could represent you in this matter so you can focus on your health and healing during this painful time of your life. En Español.
Types of Catastrophic Injury
In the context of a personal injury case, a catastrophic injury is defined as one that permanently prevents victims from performing any gainful work. This means they are no longer able to financially support themselves or their family. Their ability to care for their family in other ways may be impacted as well.
Several types of accidents or circumstances can cause a catastrophic injury, such as car crashes, workplace accidents, medical malpractice, intentional acts of violence, slip and fall accidents, and sports injuries. Injuries classified as catastrophic include:
- Spinal cord injuries (SCI)
- Traumatic brain injuries (TBI)
- Severe or multiple fractures
- Organ damage
Are There Damage Caps in Boston?
A plaintiff is compensated when a fair settlement is reached or when a jury rules that the plaintiff is entitled to a monetary award. The amount of compensation may depend on the extent of the injury, the amount of medical bills, and the victim’s past and future lost wages.
Some states place a limit, also known as a cap, on the amount of compensation victims can receive for their injuries in civil court. However, in most injury cases, Massachusetts does not. According to state law, the only caps that exist are those for medical malpractice claims.
If the plaintiff’s catastrophic injury arises from medical malpractice, a $500,000 non-economic damage cap applies in most cases, as per Mass. Gen. Laws Ann. 231 § 60H. An exception to this rule is if the plaintiff can show he or she suffered the following:
- An extensive or permanent loss or impairment of a bodily function
- Substantial disfigurement
- Other unusual circumstances in which applying the cap would deprive the plaintiff of just compensation
Individuals looking to pursue damages should consult with a knowledgeable Boston catastrophic injury lawyer to learn more about what types of damages and the amount of compensation they may be entitled to.
Reach Out to a Boston Catastrophic Injury Attorney
Boston catastrophic injury attorneys have extensive experience handling serious personal injury cases. They can assess the value of a case by looking at medical bills, calculating lost wages, and determining other long-term damages associated with your severe injury. They have experience working with individuals who have such injuries of magnitude and understand how this can affect you and your loved ones.
A Boston catastrophic injury lawyer could work diligently to hold the responsible parties accountable for their actions. He or she could help secure your financial future amid your life changes. Although these changes and the challenges you face can never be erased by a settlement or a jury verdict in your favor, it may help ease future decisions. Reach out to legal representatives today to learn about how we can help.