Birmingham Catastrophic Injury Lawyer
If a person suffers a catastrophic injury, they often do not know where to turn. From the intense pain and suffering, to astronomical medical bills, to aggressive insurance companies, the process can be overwhelming.
If you or a loved one has suffered a catastrophic injury due to the violent acts or negligence of another, our experienced accident attorneys in Birmingham are here to help.
Our Birmingham catastrophic injury lawyers work with clients who have been injured through no fault of their own to pursue the compensation that they deserve.
Elements of a Catastrophic Injury Claim
A catastrophic injury can be defined as any injury that permanently prevents an individual from performing any gainful work.
This means that not only will a person not be able to work during the period of their immediate recovery, but also for the rest of their life.
Therefore, a catastrophic injury needs to be examined through an economic lens, as well as a medical one. Examples of catastrophic injuries that Birmingham catastrophic injury lawyers handle include:
- Amputations,
- Spinal Cord Injuries,
- Severe Burns,
- Organ Damage, and
- Paralysis
Catastrophic Injury Law in Alabama
While a catastrophic injury may be caused through intentional torts such as assault, or product related torts such as product liability, most catastrophic injuries are the result of a defendant’s negligence.
Simply put, negligence is when a person with a duty to protect others, fails to act with reasonable care to protect others around them.
Let us use an example of a car driver not looking before changing lanes and colliding with a motorcycle rider. This results in the motorcyclist suffering serious brain damage. There are five parts, or elements, of a negligence claim that must be met by an individual or their Birmingham catastrophic injury attorney:
- Duty – In certain instances, a person has a responsibility to protect other people. This is known as the duty of care. All drivers of cars and motorcycles have a duty to care for the well-being of other drivers and pedestrians. In our example, duty is clearly present.
- Breach – A breach of duty occurs when a person takes an action, or fails to take an action, that constitutes a failure of the duty of care. In our example, if the driver of the car failed to properly check his blind spots before changing lanes and causing a collision, a breach of the duty of care may have occurred. This is the element of negligence most often contested in motorcycle accident cases.
- Cause – The plaintiff must show that the injuries were caused by the accident. Insurance companies will often argue that the injuries were pre-existing and that the accident had nothing to do with them.
- Scope – The injuries must have been foreseeable considering the circumstances. In our case, injuries resulting from motorcycle accidents with cars are foreseeable.
- Damages – The plaintiff must have suffered actual physical harm. Here, the brain damage is certainly physical harm.
Contributory Negligence and Statute of Limitations
Alabama is also a contributory negligence state under Alabama Rule of Civil Procedure 8(c). This means that if the plaintiff is even 1 percent at fault for the accident, he will be prevented from recovery at trial.
Our firm’s catastrophic accident attorneys work to present your case to the insurance company in a way that portrays the other party as being 100 percent at fault.
The statute of limitations to make a claim is another aspect to consider. Alabama Code Title 6-2-38 states that a complaint alleging personal injury must be filed within two years of the accident.
While this can seem like a long time, medical treatment and negotiations with insurance companies can often stretch for months or even years.
The Role of Your Birmingham Catastrophic Injury Lawyer
Personal injury cases involving catastrophic injury can be an extremely trying time for the victims and their families. Whether the injuries were the result of an intentional act or negligence, our firm’s Birmingham catastrophic injury lawyers are here to help.
From gathering evidence of the facts of the case, to consulting with doctors and economists to determine the long-lasting effects of the injuries, to negotiating with the insurance company, we fight to get our clients the compensation that they deserve. Catastrophic injuries are life-long injuries that will negatively impact the rest of a person’s life.
How those injuries are compensated can play a major role in determining the quality of that person’s life. Don’t take any unnecessary chances; contact our serious injury attorneys today.
