The term “catastrophic injury” may encompass a variety of serious conditions, and generally allude to an injury that may:
- Impact your brain or spinal cord
- Result in a lifelong disability
- Prevent you from working, either altogether, or in the capacity you did before
- Fundamentally impact your ability to earn an income and live your life as you did prior to the injury
If you or a loved one has suffered a catastrophic injury that you believe is the result of negligence, then you may have the basis for a personal injury case. To learn more about how an Antioch catastrophic injury lawyer may be able to assist you, call our team at The Cochran Firm - Nashville today at (615) 651-7451 for a free consultation.
How Catastrophic Injuries Happen
Unfortunately, catastrophic injuries happen every day in the U.S. Some are due to unforeseeable accidents that no one could have predicted, while others directly stem from negligence.
Some possible causes of catastrophic injuries include:
- Errors made in the administration of medical care
- Complications sustained in a slip and fall accident
- Injuries suffered in a severe automotive collision
- Workplace accidents, especially in the construction industry
- Complications arising from a dog bite, especially if the victim is a minor child
- Harm sustained from a defective or dangerous product
You may have suffered numerous losses depending on the nature of your accident and resulting injuries. If one or more parties are ultimately found to be liable for your accident, then they may be responsible for compensating you for your damages.
Seeking Compensation After a Catastrophic Injury
Tennessee Code §29-39-102 states that, as a plaintiff in a lawsuit involving a catastrophic injury, you have the ability to pursue both economic and noneconomic damages resulting from the accident in question. The bill goes on to define the injuries that may qualify as catastrophic under Tennessee law.
Though there could be exceptions to this list, the law recognizes the following as catastrophic injuries:
- Spinal cord trauma that causes paraplegia or quadriplegia
- Amputation of one of your hands or feet
- Third-degree burns that cover a specific percentage of your body or greater
- The wrongful death of a parent who had a minor child
There may be exceptions that we have not listed here.
Types of Compensable Losses After a Catastrophic Injury
The damages you can pursue either through a personal injury claim or lawsuit will rest on the details of your situation. For example, if you were unable to continue working in your preferred field of employment, you may be able to pursue damages relating to reduced earning capacity.
Should your case be successful, you may be able to recover the cost of the following items:
- Any medical bills, including the cost of hospitalization, emergency transportation services, and corrective procedures
- Follow-up care, including expenses relating to physical therapy and mental health counseling
- Income that you have lost because of your accident and resulting injuries
- Any disability that hinders your ability to live independently and earn a living
- Pain and suffering and inconvenience, which refers to the daily strife suffered by a claimant due to their condition
Your Antioch catastrophic injury lawyer can review the details of your case and advise you on your legal options. The state may place a statutory cap on the monetary amount of noneconomic damages you can pursue, depending on how you were injured.
Filing a Wrongful Death Claim Following a Catastrophic Injury
Under Tennessee Code §20-5-106, a personal representative of a decedent’s estate can file a wrongful death claim on their loved one’s behalf. How long you have to act will be based on when your loved one passed away.
If your case is successful, you may be able to receive financial recovery for:
- Funeral, burial, and memorial expenses
- Various end-of-life costs, including hospice
- Loss of consortium
- Loss of income
- Loss of household benefits and parental guidance
If you have suffered one or more of these losses and want to learn more about your eligibility for a civil action, then an Antioch catastrophic injury lawyer may be able to assist you. Call our team at The Cochran Firm - Nashville at (615) 651-7451 today for a free consultation.
How a Lawyer May Assist Your Catastrophic Injury Lawsuit
You could be eligible to bring a personal injury or wrongful death claim if:
- You suffered a catastrophic injury caused by negligence
- Your loved one died from a catastrophic injury caused by negligence
- Your loved one suffered a catastrophic injury, and they are not able to initiate legal action on their own
One of the first things your lawyer should do is listen to the details of your case. From there, they will advise you on your legal options and determine which plan of action will benefit your claim.
If you and your lawyer decide to move forward with your case, then they may:
- Collect evidence that negligence caused your accident
- Calculate your losses and corresponding awards for which you could be entitled
- Handle all of the legal aspects of your lawsuit
- Manage all communications with the involved parties and their insurers
- Negotiate for a settlement that accurately represents your financial and emotional damages
- Prepare your case for court, if necessary
At The Cochran Firm – Nashville, we work on a contingency-fee basis. What this means is that when you partner with us, there are no upfront fees or hidden costs. We get paid from a percentage of the settlement or award we get for you.
Call The Cochran Firm - Nashville Today for a Free Consultation
We want to fight to get you the compensation that you deserve, so call our team at The Cochran Firm - Nashville today at (615) 651-7451. We are dedicated to providing services that meet the individual needs of your case. Do not wait to call, as the state’s statute of limitations only gives you a limited time to act.