What Role Does the Concept of "Negligence" Play in Establishing Liability for Catastrophic Injuries?

Catastrophic injuries refer to life-altering injuries that victims often never fully recover from. If you’ve suffered a catastrophic injury due to another person or entity’s negligence, you can seek compensation through a personal injury claim, and you can expect the scope of your covered losses to be immense. Personal injury claims are based on negligence, and when the stakes are this high, proving the other party’s negligence is critical. To do this, you need an experienced South Carolina catastrophic injury attorney in your corner.

Catastrophic Injuries

While there is no definitive definition of catastrophic injuries, they refer to very serious injuries that can require a lifetime of care – with no assurances of improved health outcomes. A catastrophic injury often directly affects the victim’s range of motion or thought processes. Common examples include:

• Moderate to severe traumatic brain injuries (TBIs)
• Limb loss and injuries that require amputation
• Spinal cord injuries, including paralysis
• Injuries to organs
• Fractured bones
• Serious burns

Common Causes

Many kinds of negligence-based accidents can lead to catastrophic injuries, including all the following:

• Traffic accidents of all kinds, including car, truck, and motorcycle
• Boating accidents
• Accidents on construction sites
• Slip and fall accidents
• Medical malpractice
• Accidents involving defective consumer goods
• Nursing home abuse or neglect
• Train accidents

Proving Negligence in Your Case

To bring a successful catastrophic injury claim, all the following elements must be present:

• The party you identify as being at fault must have owed you a duty of care in the first place.
• This duty of care – or responsibility to your safety – must have been breached, which is where negligence comes in.
• The other party’s negligence must have been the direct cause of the injury-causing accident on which your claim is based.
• You must have suffered losses that are recognized by the law as a result, and in the case of a catastrophic injury, this generally isn’t difficult to establish.

Proving negligence in your case will hinge on the evidence, which your catastrophic injury attorney will skillfully gather, compile, and craft into a solid claim that the insurance company will have a difficult time denying.

Your Immense Losses

The losses you experience as a result of a catastrophic injury which can include all the following:

• Your medical costs, which are very likely to be ongoing and may include the need for assistance with the activities of daily living
• Your lost wages, which may need to address total disability
• Your pain and suffering, which can be so immense that they are difficult to accurately calculate

Turn to an Experienced South Carolina Catastrophic Injury Attorney for the Help You Need Today

The compassionate catastrophic injury attorneys at The Law Office of Mark C. Tanenbaum, P.A. – serving Charleston, Berkeley, Dorchester, Buford, and Mt. Pleasant, South Carolina – have a wealth of experience guiding challenging cases like yours effectively and efficiently forward toward favorable resolutions, and we’re here for you, too. Learn more by contacting us online or calling us at 843-577-5100 today.