Proving the Other Party was Negligent
To prove negligence in a catastrophic injury case, an individual may need to show that the at-fault party did—or failed or do—something that a reasonable person would not have done.
A person must also show that this violation of the applicable duty of care proximately leads to catastrophic injuries and damages. In other words, a person may be required to show that one would not have happened without the other.
Finally, a person must show that they suffered serious injuries and damages. Available damages in catastrophic injury cases may include compensation for medical bills, lost wages, pain and suffering, emotional distress, mental anguish, loss of use, loss of enjoyment of life, loss of spousal companionship, and future medical care and rehabilitation.