When you suffer a catastrophic injury, you may be presented with a lengthy healing process along with costly financial burdens. Even if you heal from your injuries, you may be required to take expensive medications to help you deal with any long-lasting symptoms. In addition, your quality of life may drastically change.
If someone’s negligence has caused you to suffer a catastrophic injury, it may be wise to have an experienced personal injury attorney at your side. A Wakefield catastrophic injury lawyer may be able to examine the extent of your damages and help you craft a convincing case. Schedule a consultation today to get started.
Recovering Compensation for Catastrophic Injuries in Wakefield
Catastrophic injury victims in Wakefield that are filing a lawsuit must do so within the statute of limitations. Massachusetts General Laws Chapter 260, §2A allows plaintiffs to file their case within three years of the date of the injury.
Plaintiffs may seek a variety of damages depending on the extent of their injuries and the facts surrounding the case. The following is a list of economic, non-economic, property, and punitive damages that may be sought in court related to the injury:
- Medical bills
- Lost wages
- Out-of-pocket expenses
- Pain and suffering
- Emotional anguish or distress
- Loss of enjoyment of life
- Personal or real property damages
- Punitive damages – awarded at the discretion of the court to punish defendants and deter them from committing their wrongful conduct
Comparative Fault in a Catastrophic Injury Case
Issues of comparative fault could potentially limit or completely bar a catastrophic injury plaintiff in Wakefield from recovering damages. Comparative fault assists courts in determining whether a plaintiff is able to recover damages if they were partially at fault for causing the injury.
Massachusetts follows the 51 percent bar rule, which states that a plaintiff that is 51 percent or more at fault is barred from seeking damages. Plaintiffs that are 50 percent or less at fault may recover, but their damages would be reduced in proportion to the amount of fault they contributed. For example, a plaintiff found 40 percent at fault would only receive 60 percent of their overall damages award. However, with the help of a catastrophic injury lawyer in Wakefield, the chances of obtaining the full amount of compensation owed to you may increase.
Filing an Insurance Claim for Compensation in Wakefield
Massachusetts follows the no-fault insurance system. Under the no-fault system, those seeking relief for catastrophic injuries in Wakefield under insurance may only file an insurance claim under their own policy. The only way that a plaintiff may step outside the bounds of their own insurance policy and file a claim or lawsuit against the at-fault driver is to meet the no-fault threshold. For a plaintiff to meet the threshold, they must have suffered more than $2,000 in medical expenses, or have suffered permanent and serious disfigurement, loss of sight, loss of hearing, or a broken bone. A seasoned lawyer could help an injured victim file a claim and recover damages.
How a Wakefield Catastrophic Injury Attorney Could Help
When electing to file an injury claim of any kind, you should expect to undergo a lengthy legal process. Instead of having to go through this process, you should focus on healing from your injuries. Luckily, with the help of a Wakefield catastrophic injury lawyer, you may be able to file an injury claim while you focus on your medical needs. To get started on a case, be sure to schedule a consultation today.