Accident injuries are often categorized as mild or moderate, ghastly, and catastrophic. However, unlike less serious accident injuries that victims can recover from, catastrophic injuries are disastrous and capable of drastically altering the quality of the victim’s life.
These injuries can result in disfigurement, disability, tremendous financial strain, emotional turmoil (for both the victim and their loved ones), and lifelong trauma. No one should have to deal with these injuries and still worry about how they’ll pay all the accruing bills. Yet, this is the reality for many people.
Thankfully, the right Mesa catastrophic injury attorney from Zanes Law can help you recover compensation from the liable parties. These damages can cover past, present, and future medical expenses, lost wages, and improve the victim’s quality of life.
Compensation You Can Get in a Catastrophic Injury Claim in Mesa, AZ
The extent of your injuries will often determine the extent of damages that you or your loved one can recover. Arizona law makes provisions for accident victims in Mesa, AZ, to get adequate compensation for their injuries or those of their loved ones.
When our catastrophic injury attorneys file an injury claim on your behalf, we will likely explore the possibility of covering crucial damages commonly awarded in a personal injury claim. These include:
- Medical costs: This will cover past, present, and future medical expenses brought on by the accident. So, all medication, surgical procedures, hospital stays, present and future rehabilitative treatments, and ongoing medical treatment costs will be provided for under this claim.
- Wage loss: Catastrophic injuries often mean that victims may not be able to work for a while. And in some cases, they may never go back to work. In both instances, a lawyer can file a loss of income claim that will take care of your finances for the duration of your injuries and/or throughout the term of the claim.
- Pain and suffering: Although you can’t put a price tag on the cost of suffering, an experienced catastrophic injury lawyer can help put together a package that will provide some consolation.
- Loss of consortium: These damages are claimed if the injuries affected the victim to the point that it impairs the victim’s relationship with their loved ones or their ability to do what they ordinarily could at home.
- Loss of companionship: This claim is for the dependents or relatives of victims who pass on from the ghastly injuries they sustained.
- Punitive damages: Although uncommon, the courts can award punitive damages if there’s evidence that the defendant’s actions were intentionally reckless and irresponsible. This is meant to serve as a punishment and a deterrent both to the defendant and others who may be inclined towards such actions.
These damages are meant to help make you whole again or at least attempt to do that. While we know that money may not be able to solve all the problems, it can at least ensure that you don’t have to worry about it while you’re recuperating.
And the best way to get your full compensation is by having a personal injury law firm that specializes in catastrophic injuries, go after your claims and recover them for you.
For a free legal consultation with a catastrophic injury lawyer serving Mesa, call 866-499-8989
Proving Negligence in a Mesa Catastrophic Injury Case
Before the court can award damages for a catastrophic injury, there has to be clear, undeniable proof that the at-fault party’s negligence resulted in your injuries. You would also have to prove that the injuries you sustained are life-altering and have significantly impacted your quality of life.
So, your catastrophic injury attorney in Mesa would have to gather a lot of evidence, documents, expert testimony, and witnesses to build the case and show that the defendant exhibited negligent behavior.
The yardstick for negligence includes:
- The care received was not up to the expected standard set by the industry or common sense—this may also be referred to as reasonable standard of care
- Because of the unreasonably low standard of care, the victim was hurt
To establish liability and prove negligence, the injury lawyer would specifically have to establish that there was a breach of the following elements:
- Duty of care: This is the legal duty that an entity or person owes others. It’s meant to ensure that both individuals and organizations are safe and cared for. A good example of this is a hotel making sure that the environment is safe for its guests.
- Breach of duty: You have to prove that the defendant failed in the discharge of the duty of care that was owed to you. For example, if the hotel owner or management doesn’t implement adequate security measures in their hotel.
- Causation: Your lawyer will show that the at-fault party’s actions or inactions led to your injuries. For instance, because of the lax security at the hotel, there was a B&E incident where you were shot as you were fleeing for safety.
- Damages: The outcome of the at-fault party’s negligence caused you harm and you had to pay for treatment, part with some valuables, or lose income. For instance, because of the gunshot wound, you had to be evacuated to the hospital where you had to pay medical bills to get treatment and save your life.
While this seems pretty straightforward, the reality is that not all personal injury lawyers are capable or willing to go to the extent that’s required in catastrophic injury cases. This is because of the burden of proof required in proving each element in a catastrophic injury suit in Mesa, AZ.
If an attorney is unable to show proof in just one of the elements, the courts can reject or deny the compensation claim.