When you are in an accident that leaves you with catastrophic injuries, it can upend the life you knew and be a turning point to one that may preclude you from working and keep you laser-focused on your health.

Your frustration may grow when these serious injuries are through no fault of your own. When someone’s reckless or careless behavior puts you in this position, you will want to know what options you have to hold them accountable. A Sacramento catastrophic injury lawyer has answers to your questions and a strategy for getting you the compensation you need as you look toward your future. Reach out to Erkel Law, P.C. today to speak with a trusted personal injury attorney.

What Counts as a Catastrophic Injury?

A catastrophic injury is any injury or illness that is serious in nature, has a significant impact on the person experiencing it and their ability to perform daily tasks, and requires a considerable amount of medical treatment. Catastrophic injuries can take months or years to heal, and in many instances are permanent.

Common catastrophic injuries include:

  • Multiple crushed or broken bones
  • Severe and disfiguring burns
  • Traumatic brain injuries
  • Loss of limbs
  • Spinal cord damage
  • Paralysis

Catastrophic injuries can occur anywhere in almost any situation. They are common in car wrecks, but also happen at work, during intentional criminal assaults, and while participating in numerous recreational activities such as playing football or boating. When others are responsible for injuries because they acted carelessly, our Sacramento catastrophic injury attorney can build a case for negligence.

Negligence

Negligence lawsuits are based on four points. People owe each other a duty of care to behave in any situation like a reasonable person would. If their actions fall below an acceptable standard, they have breached their duty. When a breach causes an accident, the last point needed to establish negligence is that the plaintiff is injured because of the defendant’s actions.

Time Limit to File Catastrophic Injury Lawsuits

The law gives persons injured through negligent acts an allotted time to file a personal injury lawsuit. This is known as the Statute of Limitations. Under California Code of Civil Procedure 335.1 injured persons have two years from the date of the accident to ask for compensation.

There are exceptions to this deadline to be aware of. For example, the law pauses the ticking clock if the at-fault party is judged legally insane, younger than 18, has left the state, or is incarcerated in state prison. The clock begins ticking again if the condition is satisfied, for example, the incarcerated person is released, or the at-fault party turns 18. Missing filing deadlines is fatal to a case, so it is best to consult a Sacramento catastrophic injury attorney from Erkel Law, P.C. as soon as possible after an accident.

Compensation Awarded in Negligence Claims

When juries arrive at a verdict finding a defendant responsible for an accident, they must decide how much compensation to award the injured person. The two common categories of compensation – also known as damages – are economic and non-economic. Economic damages are those that have a fixed amount such as medical bills, property damage, and lost wages or a diminished working capacity. Non-economic damages are more subjective and include things like pain and suffering, emotional trauma, and a lost enjoyment of life. A Sacramento attorney can gather the details of how a catastrophic injury has impacted a person’s life to craft a settlement demand that adequately captures the full extent of their needs. Additionally, if negotiations do not yield satisfactory results, Erkel Law, P.C. is not afraid to take matters to court to maximize compensation.

Let a Sacramento Catastrophic Injury Attorney Be Your Advocate

Erkel Law, P.C. works with severely injured clients and understands that adequate compensation allows them to begin living again and adjusting to their new normal. If you have been in a devastating accident, you, too, could benefit from compassionate representation.

A Sacramento catastrophic injury lawyer reviews evidence, including police and medical reports, interviews witnesses, consults with experts, and more. Taking the lead in all legal matters allows you to focus on recovery. Call today for an initial consultation where we can both sit down and map your best strategy.

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