After a serious accident, you may suffer injuries that change your life forever. You may discover you’re unable to work or even enjoy the same recreational activities you participated in prior to the collision. Many accident victims do not have enough saved to compensate for the magnitude of loss triggered by catastrophic injuries. If you sustained catastrophic injuries in an accident caused by someone else, you should discuss the viability of bringing a lawsuit with the seasoned Quincy personal injury lawyers of Brabant & Huynh, LLP.Catastrophic Injuries
Some injuries change accident victims’ lives dramatically and irrevocably. Often, catastrophic injuries are serious, permanent injuries that mandate complicated medical and expensive treatment. In addition to the medical costs, these injuries may result in emotional anguish or even depression, due to the accident victim’s inability to pursue fulfilling recreational activities and hobbies. They can include traumatic brain injuries spinal cord injuries that result in total or partial paralysis, third or fourth-degree burns, disfigurement, substantial scarring, or amputation.Liability in Quincy
In order to recover your losses, you’ll need to prove another was at fault for your catastrophic injuries. The circumstances will dictate the theory of recovery that should be pursued. Often damages must be pursued under a theory of negligence. This requires us to show it’s more likely than not the defendant owed you a duty of care that he breached, thereby causing your catastrophic injuries. Most car accident or motorcycle accident lawsuits are brought under a theory of negligence.
In most premises liability cases, an accident victim would need to show the property owner’s actual or constructive notice of the dangerous property condition that caused the catastrophic injuries. A premises liability lawsuit would be appropriate, for example, if you tumbled off a hotel balcony due to a rotted rail that a reasonable owner would have repaired or warned about, and as a result, you sustained paralysis.
In Quincy, the owner of a dog who bites can be held strictly liable for injuries to others. For instance, if you sustained disfigurement and lost your arm as the result of a dog bite, you should be able to hold the owner responsible if you can show: (1) an injury, (2) caused by the dog, and (3) damages. You won’t need to show the owner failed to exercise reasonable care in restraining his dog, as you might in another state.
In many cases, defendants and their insurers will be looking for ways to get your damages reduced because catastrophic injuries are often extremely expensive. Massachusetts is a comparative negligence state. Your damages can be reduced by an amount equal to your fault and you can be barred from any sort of recovery, even if you have catastrophic injuries, if you are found 51% or more responsible.Damages
If we can establish liability for your catastrophic injuries in Quincy, you may be able to recover damages. As your attorneys, we would explore all the ways in which you’ve been harmed and present them in the most persuasive way to an insurance adjustor or jury. For example, if you used to coach your son’s baseball team, and as a result of quadriplegia, you can no longer coach, on top of not being able to work or be intimate with your spouse, you may find life less enjoyable. We’d present evidence of your medical bills, lost wages, loss of enjoyment, pain and suffering, and loss of consortium.
Sometimes insurers will offer a low-ball settlement early on, realizing this could save money in the long-term. It can take a year or more after an accident for the full extent of your injuries to be known. It’s likely we’ll need to retain experts to establish damages.Consult a Seasoned South Shore Catastrophic Injury Attorney
It’s crucial not to agree to a quick settlement from an insurer right after an accident. However friendly they may appear, an at-fault person’s insurer and lawyers are not on your side and may be trying to avoid a more substantial settlement or verdict down the road. The Quincy attorneys of Brabant & Huynh may be able to represent you in a lawsuit for damages if you sustained catastrophic injuries in an accident caused by someone by else. We also represent accident victims in Dorchester, Mattapan, Milton, Dedham, Canton, Stoughton, Randolph, Holbrook, Braintree, Weymouth, Hingham, Brockton, Bridgewater, Avon, Hanover, Abington, and Norwell. Call us for a free consultation at (617) 934-0913 or complete our online form.