Since a catastrophic injury focuses on the result of the injury rather than the circumstances that caused it, these injuries can happen at any time and from any event. Therefore, catastrophic injuries are the result of anyincident that can cause a minor injury. Some common examples of these incidents include car accidents, pedestrian accidents, motorcycle accidents, assaults, and sexual abuse.
These injuries can be the result of both accidents and intentional actions. When the injuries are accidental, it does not let the at-fault party off the hook. By using the legal concept of negligence, plaintiffs may demand compensation from defendants when their careless actions led to an injury. However, this only applies when the defendant had a duty to care for the plaintiff prior to the accident.
This duty exists in all motor vehicle accidents or whenever a person is a visitor on someone else’s property. The main issue in these cases is what steps the defendant took to protect the plaintiff.
Catastrophic injuries can also result from intentional, criminal activity. In these cases, is likely that the defendant may be facing criminal charges as a result. Potential plaintiffs should remember that no matter the result of the criminal case, the criminal court is powerless to order the defendant to pay the plaintiff any money. To obtain compensation, an individual must pursue a separate civil trial.