Catastrophic accidents could change your life in an instant, leaving you with serious and often permanent injuries that could impair you physically and mentally. You might not be able to return to work or life as you know it. When negligence causes a life-changing accident, a Mesa catastrophic injury lawyer may be able to help.
Your condition may necessitate ongoing medical and personal care that is likely to be costly. With help from a personal injury attorney, you might be able to recover fair compensation and secure your financial wellbeing.
Catastrophic injuries refer to a broad range of injuries that generally are severe and can be permanently disabling. These injuries have a profound impact on the lives of injury victims. Some common examples of catastrophic injuries include the following:
In many cases, victims of catastrophic injuries cannot return to their former occupations and may be unable to work at all. They may require constant medical care and ongoing personal care to manage daily activities. A catastrophic injury lawyer in Mesa may be able to assess the circumstances that led to a devastating accident and ascertain whether a personal injury claim is warranted.
Most catastrophic injury claims rely on a legal theory of negligence or the careless disregard for the safety of others. When negligence results in harm to others, the negligent persons or entities could be financially responsible for the costs of those injuries. Negligence requires the existence of a duty owed by one person or business to another and a subsequent breach of that duty.
In some cases, injury victims may be partially at fault for the accident that resulted in their injuries. Unlike other states, Arizona uses a pure comparative negligence approach. This legal theory allows partially negligent injury victims to seek damages through personal injury claims.
Under this theory, victims are limited to recovering only the percentage of their damages that are attributable to the negligence of others. In other words, if individuals are 20 percent at fault for the accident that caused their injuries, the law limits them to recovering a maximum of 80 percent of their damages. A catastrophic injury attorney could work to maximize the amount of damages recovered by a Mesa plaintiff.
Under Arizona Revised Statutes § 12-542, individuals must file their injury claims within two years of the date of the incident that led to their injuries. Failing to meet the statute of limitations could result in being unable to seek any compensation for injuries, no matter how severe.
However, there are some exceptions. If an individual is a minor at the time of their accident, the statute of limitations does not begin until the date of their 18th birthday. Likewise, if a court finds that individuals were mentally incompetent at the time of an accident, the statute of limitations is suspended or tolled until they are no longer incompetent.
If you or a family member sustained severe injuries due to the negligence of others, you may have a claim for damages. A Mesa catastrophic injury lawyer could evaluate your situation and identify parties who may be liable in a personal injury claim. Talk to an attorney today.