Catastrophic Injury Lawyer in Mobile, AL
Sometimes an injury changes a life forever, both for the injured party and their loved ones. When the cause of that injury is the negligence of a third-party, you may be able to recover compensation for the injuries and damages you or your loved one have suffered and will suffer in the future. The attorneys at Burns, Cunningham & Mackey, P.C. are a team of experienced advocates well-positioned to help you through the legal process. While a full physical recovery may be impossible, a successful legal action against the wrongdoer can help ease the financial and emotional burdens.
In Alabama, you may bring a claim for the compensatory damages associated with the injury; which may include permanent injury, lost wages (past and future), emotional distress and physical pain and suffering (past and future), medical bills (past and future) and other out of pocket costs you have incurred or will incur in the future. You may also be entitled to punitive damages punitive damages against the individual designed to punish the wrongdoer and to deter them and others from similar conduct. If you are married or the injury is to a minor child in your custody, you can bring a claim for your loss of services of the injured person.
A catastrophic injury lawyer at Burns, Cunningham & Mackey, P.C. will investigate your claim and pursue a recovery against all who may be responsible if the facts merit doing so. Contact us at 800-574-4332 to begin a conversation today.
What Is a Catastrophic Injury?
A catastrophic injury is one that typically leaves the injured party permanently unable to work. Moreover, such a life-changing event may require special future rehabilitation, care, and lodging. There are numerous types of accidents that can result in catastrophic injuries, such as:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Boating Accidents
- Bicycle Accidents
- Pedestrian Accidents
- Workplace Accidents
- Fires and Explosions
- Premises Liability Accidents
- Medical Malpractice
- Nursing Home Abuse
- Sports Accidents
- Acts of Violence
In most cases, catastrophic accidents occur because of an individual’s poor choices or malice. This is extraordinarily difficult for victims, since they live with the knowledge that their injuries could have been prevented.
Some common examples of severe injuries that occur during a catastrophic event include:
- Traumatic Brain Injury (TBI): TBI is an injury that occurs because of a bump, jolt, or blow to the head, causing part of the brain to become displaced. Severe forms of TBI can result in long-term, debilitating injuries. Some common symptoms of TBI include headaches, ringing in the ears, dizziness, nausea and vomiting, problems with communication, memory loss, problems with focus and concentration, mood changes, unusual or risky behavior, anxiety and depression, and paralysis.
- Paralysis/Spinal Cord Injuries: Serious accidents can cause various types of injuries that result in either partial or full paralysis. Paralysis happens when an individual loses control over the muscle function in one or more areas of the body. Spinal cord injuries are among the most common conditions that can cause paralysis. This condition can be temporary or permanent, depending on the severity of the injury and other factors.
- Amputations/Loss of Limbs: Some catastrophic accidents can result in the amputation of a finger, toe, hand, foot, arm, or leg. This most commonly occurs with crush injuries and/or injuries in which someone is caught in-between or trapped in a confined area. The loss of a limb is a catastrophic injury that robs individuals of their ability to perform various basic functions, such as walking, running, writing, eating, typing, and many others.
- Fractures/Broken Bones: A fracture is a serious injury that can take several weeks or even months to recover from. Some of the more severe types of fractures can result in permanent and debilitating injuries. This is most common among the elderly, because their bones are more fragile than the average individual.
- Severe Burn Injuries: Burns are among the most painful and excruciating injuries an individual has to endure. A third-degree burn can result in serious and catastrophic consequences, such as shock, severely charred skin, disfigurement, and even amputations.
- Wrongful Death: In the most extreme cases, a catastrophic injury can result in a fatality. When someone is killed because of the negligence or reckless actions of another party, the victim’s loved ones deserve to be compensated.
- Scarring and Disfigurement: Even if disfigurement does not technically impede your mobility or ability to use your body, there is no doubt that it can change your life forever. Those who suffer serious burns or scarring on their face or visible parts of their body are often left with limited employment opportunities, depression, and difficulty in social situations.
We work with experts in the medical field and specially trained life care planners to approximate what the future needs for an injured party will be, as well as the cost of those needs. In order to recover damages, the injury must be directly caused by the wrongful action or inaction of a third-party.
All personal injury cases are civil cases; they do not assign criminal responsibility for the injury. Whether or not criminal charges are filed against those responsible does not affect your ability to bring a claim in civil court. It is burden in a civil case to prove that it was more likely than not that the wrongdoer caused your injuries.
Compensation for Catastrophic Injuries in Alabama
Calculating damages is a crucial aspect of any personal injury case, but it is particularly challenging when dealing with catastrophic injuries. This is because catastrophic injuries can cause unforeseen financial damage, and no one truly knows the course of such a serious injury.
For example, if someone is paralyzed during an accident, you have to ask a number of questions while determining damages. What is the likelihood of a full/partial recovery versus no recovery? How much is physical therapy likely to cost if recovery is a possibility? What type of long-term care will an individual need if their paralysis is permanent, and how much will that cost over the next several decades? Will they be able to work? If not, how much compensation should they get for that?
This is why it’s important to choose an experienced catastrophic injury attorney. An attorney who doesn’t understand the full ripple effect of a catastrophic injury is likely to severely underestimate the value of your claim, putting you at risk of running out of money long before you have gotten established in your new normal.
Depending on the details of your case, you may be able to seek compensation for:
- Medical expenses, including current bills and likely future expenses
- Rehabilitative expenses, including occupational therapy and physical therapy
- Lost wages
- Lost future income if you permanently lose your ability to work or lose your ability to perform certain job functions
- Mental trauma
- Pain and suffering
- Disability and disfigurement
When someone suffers a severe and catastrophic injury, they are typically out of work for an extended period of time, and in some cases permanently. The victim also incurs major medical expenses for things like hospitalization, surgeries and other treatments, and ongoing medical care.
If the catastrophic injury occurred at work, it would likely be covered by the employer’s worker’s compensation policy. Workers comp is a no-fault system that provides coverage for medical expenses, time is from work, and permanent injury. However, in most cases, an employee who is covered by workers comp cannot file a personal injury lawsuit against their employer.
If the injury occurred outside of work and or was the fault of a party other than your employer, you may be able to pursue damages through a personal injury claim. In order to be successful with a personal injury case in Alabama, however, you must overcome the state’s contributory negligence legal standard. Under “contributory negligence”, if an individual is found to be even 1% at-fault for the underlying incident that caused their injury, they can be barred from recovering compensation. This is why it is critical to work with attorneys who have extensive experience and a successful track record with these types of cases.
What Will an Alabama Catastrophic Injury Lawyer Provide?
Burns, Cunningham & Mackey, P.C. is able to offer provide strong legal guidance and moral support through what can be a very traumatic experience. We will handle your case with professionalism and sensitivity. You deserve the support and advocacy that our attorneys will provide.
In the state of Alabama, the statute of limitations for personal injury cases is only two years from the date of injury. Accordingly, you should reach out to the attorneys at Burns, Cunningham & Mackey, P.C. as soon as possible, so you can be advised of your legal rights and options. If you or a loved one has suffered a catastrophic injury and believe it may have been due to the negligence of a third-party, contact our team of Mobile catastrophic injury attorneys today at 800-574-4332 for a free case evaluation. You may also send us a message through our online contact form.