People are injured daily in Maryland, and many of these injuries result from other parties’ negligence. Some can also be classified as catastrophic. Victims of a personal injury accident, catastrophic or otherwise, are able to seek damages in court.
Catastrophic personal injuries
While many people may know what a personal injury is, defining a catastrophic personal injury may be more difficult. A catastrophic injury is much worse than a typical personal injury. It is usually permanently disabling and prevents a person from returning to work. The victim of a catastrophic injury may even require assistance to continue performing basic tasks.
Examples of catastrophic injuries
Unfortunately, there are many ways in which a person may become the victim of a catastrophic injury. These include injuries such as:
- neck and back injuries
- severe burns
- loss of limbs
- traumatic brain injuries
- nerve damage
- ligament damage
- significant bone fractures
The legal principle of negligence
Whether or not a catastrophic injury can be used for a successful lawsuit depends on whether the party being sued can be proven negligent. For negligence to have occurred, the following must be present:
- a legal duty of care
- a breach of that duty of care
- an injury resulting from that breach
- evidence that the breach caused the injury
If these four elements can be proven to exist in a personal injury case, then a lawsuit may be successful. Most people, for example, can be shown to have a duty not to injure others.
Since catastrophic injuries are so severe and permanent, the possibility of obtaining a high amount of restitution exists. Restitution includes monetary damages for medical expenses and damages calculated based on the negative impact on that person’s quality of life.