Celina Catastrophic Injury Lawyer
A catastrophic injury is one that leaves a person permanently impacted after the trauma. Someone who has suffered severe harm could be unable to work and require life-long medical treatment.
Fortunately, a Celina catastrophic injury lawyer could help you calculate the total compensation you deserve. A well-practiced personal injury attorney could also investigate the circumstances of your injury to determine who might be accountable for the incident and ensure you file your suit before the legal deadline expires.
Proving Fault for Catastrophic Trauma
In civil claims, the burden of proof falls on the injury victim. In Celina, a catastrophic injury attorney is required by law to prove four elements to establish a defendant’s negligent behavior resulted in severe trauma to the claimant.
Duty of Care
An attorney must first show the defendant owed the individual a duty of care to not cause them undue harm. Should a defendant successfully establish that he or she did not owe a victim a duty of care, there could be no recovery for that victim.
What is a Breach of Duty?
A breach of that duty occurs when someone does not exercise proper care. If a victim and attorney establish that a defendant owed a duty of care to the victim, then a breach of that duty could make him or her liable for the damages caused.
Causation and Damage
A Celina catastrophic injury lawyer could use witness testimony and other evidence to establish that the person sustained a serious injury. This severe harm must be compensable.
The other potential theory available to claimants is strict liability, where a court would presume someone is already liable for certain hazards that cause a serious injury. This theory is very limited, usually reserved for defective products, so it is not used often for serious injury cases.
Is There a Legal Deadline For Filing Severe Trauma Claim?
There is a legal time limit in Texas for personal injury claims to be filed. Per Texas Civil Practice Code §16.003(a) states that claimants have two years from the date the accident occurred, or when someone would reasonable be aware of their injuries, to file their lawsuit. There are, however, exceptions to this two-year rule.
The point of this rule is to encourage claimants to seek compensation from people who have harmed them within a reasonable amount of time. Otherwise, a lawsuit could be filed for an injury that was sustained a decade ago. This rule poses a potential challenge for those that have spent months recovering from a serious injury. Therefore, it is imperative to seek legal guidance as soon as possible following a traumatic injury.
Reach Out to a Celina Catastrophic Injury Attorney For Guidance
Traumatic harm could have a life-long impact on a victim, preventing them from returning to their former life. If you suffered severe harm due to another person’s negligence, you could benefit from speaking with a knowledgeable lawyer.
A Celina catastrophic injury lawyer might be able to help you reach a positive outcome with your claim. A lawyer could calculate your losses and demand compensation from the responsible party. An attorney could also use their expertise to craft an argument for the defendant’s liability. To learn more about how an attorney could help you, schedule a consultation today.