If you have suffered a serious injury in which you are permanently in pain, or have suffered long-term pain and loss of the function of a limb or organ, you have been involved in a catastrophic injury. If someone else was negligent and their negligence led to your injury, then you might have a personal injury case. Keep reading to get answers to commonly asked questions about these cases and then contact Law Offices of Fernando D. Vargas at 909-982-0707 if you would like to request a free legal consultation.
What Types of Injuries Can Be Considered a Catastrophic Injuries?
Common examples include spinal cord injuries, traumatic brain injuries, paralysis, chronic lung damage, an injury that causes blindness or deafness, severe burns, injuries that require amputation of a limb, and any brain injury that causes permanent impairment, mood imbalances, or physical disability.
Who Can Be Held Liable in a Catastrophic Injury Case?
According to California law, there can be more than one person liable for an injury. Of course, the negligent person can be held liable, but so can others. Depending on the case, this list might include their employer, their parent company, their insurer, and others. For example, if you were injured in a car accident and the at-fault party was working at the time of the accident, then their employer could be held liable in addition to the party who was directly involved.
Can I Still File a Lawsuit if I Was Partially at Fault?
Yes. California is a comparative fault state, which means that an injured party is entitled to pursue recovery of the percentage of their damages for which another person was responsible. This is true even if you were more than 50% at fault. The percentage of fault for any given accident will either be determined by a jury or negotiated as part of a settlement.
Is There a Time Limit That Affects How Long I Have to File a Personal Injury Lawsuit?
Yes. In most cases, you will have two years. In some specific situations, you might have longer or shorter. For example, if the at-fault party is a government entity, then you only have six months to file a claim. On the other hand, if you do not discover your injury for months after your accident, then the statute of limitations might be extended by the same number of months.
If you are ready to request a free legal consultation and learn about your legal options, contact Law Offices of Fernando D. Vargas at 909-982-0707 right away.
