Some accidents are so devastating that courts categorize them as catastrophic. Often, the injuries resulting from these incidents can alter your ability to function mentally and/or physically. In some cases, you may not even be able to return to work or engage in the activities you once enjoyed.
Catastrophic injuries are especially devastating if someone else is responsible for the harm you experienced. You may have done everything right to protect yourself, but if a reckless person harms you, a hardworking personal injury representative could help. With the assistance of a Racine catastrophic injury lawyer, you could obtain the compensation you need to regain financial stability after a devastating accident.
What are Catastrophic Injuries?
Physicians generally group catastrophic injuries into three categories: trauma to the brain, spinal cord, or spine. The legal community usually expands this definition to include any damages that severely impact a person’s ability to function as they did before their accident. Catastrophic injuries include:
- Severe burns covering a significant part of the body
- Loss of one or more limbs
- Traumatic brain injuries (TBIs)
- Injuries that leave a person paralyzed
- Loss of sight, hearing, smell, taste, or touch
- Organ damage that requires a transplant
These traumatic injuries can occur for many reasons but commonly result from motor vehicle collisions. However, these injuries can also arise from construction falls, on-the-job accidents, medical malpractice, fires, defective products, and criminal activity. Our experienced attorneys at the Law Offices of R.F. Wittmyer, Ltd. in Racine could investigate how a catastrophic incident occurred and its impact on a person’s life.
Proving Negligence for Catastrophic Injuries in Racine
A person suffering from a catastrophic injury must prove negligence to be awarded damages. Negligence is based on the premise that everyone owes others a duty of care to act reasonably. If they do not carry out that responsibility and someone sustains an injury because of their actions, the negligent party must compensate an accident victim.
For example, a person who owns a speedboat and invites their friends for a ride in Lake Michigan could be responsible for driving drunk, hitting a buoy, and causing a passenger to be ejected and paralyzed. A local lawyer could gather relevant evidence that proves another person was responsible for a devastating incident.
Recoverable Damages in a Devastating Injury Claim
Injured individuals should be wary of an insurance company’s offer of settlement following an accident. Unfortunately, insurers often fail to pay fair payments to injured people. However, a seasoned legal team member could evaluate a settlement offer and begin building a strong case for court if it is not an acceptable amount.
If a claim goes to court, a jury could award economic and noneconomic to a plaintiff. For example, monetary damages could reimburse an injured person for their medical bills and lost wages. On the other hand, noneconomic damages cover pain, suffering, disfigurement, and lost enjoyment of life resulting from an accident.
Damage Caps
Wisconsin does not put a limit on economic damages and most noneconomic damages. However, courts usually cap non-economic damages in medical malpractice lawsuits at $750,000.
However, punitive damages, awarded for egregious acts or brazenly intentional ones, must be demanded separately by a plaintiff’s attorney. If granted, these damages are capped at twice compensatory damages or $200,000, whichever amount is more significant.
When suing a government entity, damages are also capped, and punitive damages are generally not permitted. Most damages awards against the state are capped at $250,000 and against a municipality at $50,000. A dedicated attorney in Racine could negotiate to get injured plaintiffs the maximum recovery possible.
A Racine Catastrophic Injury Attorney is on Your Side
After being involved in a devastating accident, you may face financial and emotional challenges. However, if the accident was not your fault, the person responsible should be held liable.
We can help you do that. Our attention is on getting you the compensation you will need to heal. We do not settle for less when it comes to your future. Call to consult with a Racine catastrophic injury lawyer who is on your side.