Catastrophic injuries have the potential to alter someone’s life forever. In addition to the lengthy healing process, victims must also pay for any medical bills that they incurred as a result of receiving medical assistance for their injuries. This could be an especially stressful circumstance when the injuries were caused by the negligence of another person. Luckily, there are ways for victims to obtain compensation for their injuries.
If you have suffered traumatic and long-lasting injuries through the fault of another person, you should reach out to a dedicated personal injury attorney. With the help of a Massachusetts catastrophic injury lawyer, you may be able to obtain the full compensation owed to you. To get started on a case, schedule a consultation today.
Defining Catastrophic Injuries
Victims suffering from catastrophic injuries in Massachusetts could be experiencing vastly different types of injuries. However, there are common variables that catastrophic injuries share.
Typically, a catastrophic injury is a severe type of injury that inhibits or completely prevents a person from earning gainful wages and often result in permanent disabilities. Serious injuries such as these could result from a variety of different causes such as negligent, intentional, or criminal acts. Catastrophic injuries could range from the following:
- Head trauma
- Bone fractures
- Loss of vision
- Neck or back injuries
- Organ damage
Issues of Comparative Fault
Provided under Massachusetts General Laws Chapter 231 §85, Massachusetts follows the 51 percent bar rule. The 51 percent bar rule is one of two modified comparative fault rules.
Plaintiffs under the 51 percent bar rule may recover if they are less than 51 percent at fault. Obtainable damages would be reduced by the percentage of fault that the plaintiff contributed to the injury. For example, if a plaintiff is found 10 percent at fault, they may only recover 90 percent of the damages. A catastrophic injury lawyer in Massachusetts could help a claimant recover the damages they deserve.
Filing Deadlines for Catastrophic Injury Cases in Massachusetts
Procedural rules and deadlines could make or break a case on their own. Even if a plaintiff has a strong claim for recovery, if they fail to follow certain procedural rules, they could lose the right to bring their lawsuit.
A statute of limitations is a procedural rule that creates a deadline for personal injury plaintiffs to file their case. Under Massachusetts Gen. Laws Chapter 260 §2A, catastrophic injury plaintiffs must file their cause of action within three years of the date of the injury. Failure to file on time would result in losing the right to sue the at-fault party for your injuries. By working with a Massachusetts catastrophic injury lawyer, you may be able to file a claim long before the statute of limitations becomes an issue.
How a Massachusetts Catastrophic Injury Attorney Could Help
The battles you have already faced as a catastrophic injury victim merit recognition. The mental fortitude it takes to overcome the pain and suffering of such a serious injury is not an easy task.
While you face your own battle for physical recovery, the battle for your legal recovery has likely just begun. But your legal obstacles could be more challenging to overcome when pursuing them on your own. A Massachusetts catastrophic injury lawyer could be your ally and might be able to help you fight your legal battles moving forward. Reach out today by scheduling a free consultation.