Fremont Catastrophic Injury Lawyer
If you or a loved one is suffering from a catastrophic injury, you understand all too well how fast life can change. A Fremont catastrophic injury lawyer could work proactively with you to identify the party or entity responsible for your injury and help you fight for fair compensation from them.
If you believe that you or your loved one’s injury is the result of another person’s negligence, you have the right to fight for financial recovery. With a comprehensive civil case and an experienced personal injury attorney from Inkelaar Law by your side, you may be able to receive the settlement you deserve.
What Is a Catastrophic Injury?
Catastrophic injuries encompass a somewhat broad category of medical maladies. These injuries all have two defining characteristics: they cause permanent disability, and they expose the injured person and their family to severe financial stress. Medical bills for such catastrophic injuries are often high and protracted due to the extreme nature of such accidents.
Examples of catastrophic injuries include:
- Brain trauma
- Spinal cord injuries
- Organ damage
- Neurological issues
In some cases, plaintiffs may never be able to work again and must receive life-long medical treatment. To make matters worse, these injuries are often the result of forces beyond the injured person’s control. These uncontrollable elements may include a doctor’s mistake, motor vehicle accidents, or malfunctioning equipment.
Proving Fault for Catastrophic Injury Cases
Nebraska Revised Statutes §25-21,185.09 states that plaintiffs of catastrophic injury must prove that their injury is due directly to the negligence of another person. To do so, they must show that they were legally negligent or engaged in purposeful conduct that led to the injury.
Catastrophic injury suits must be filed within four years of the injury, as per Nebraska Revised Statutes §25-207. If the catastrophic injury was due to medical negligence, NE Rev. Stat. §44-2828 sets the window for filing a suit to two years from the injury or one year following the discovery of the injury—whichever is first. Given the time constraints for filing a catastrophic injury lawsuit, potential plaintiffs are advised to speak with a driven Fremont attorney from Inkelaar Law immediately.
Modified Comparative Fault in Fremont
In many personal injury cases, defendants attempt to prove the plaintiff was partially responsible for their injury and thus is not entitled to full compensation. Since Fremont operates under a modified comparative fault system, compensation for plaintiffs is adjusted based on their proportion of fault.
All Fremont courts must apply the modified comparative fault standard in cases where the injured party is shown to be partially at fault. If the injured party bears 50 percent or more of the total fault, their recoverable compensation would be reduced to zero, and they would be unable to collect compensation from any other party found to be at fault for the injury.
It is also important to note that while courts must apply the modified comparative fault rule, insurance adjusters do not have to. It may be best for victims to approach insurance agents with the help of a catastrophic injury lawyer in Fremont, as they can push for full compensation on their behalf and contest allegations of partial fault.
Reach Out to a Fremont Catastrophic Injury Attorney
In the aftermath of a catastrophic injury, life may seem like an emotional rollercoaster through an uncertain territory. By hiring a Fremont catastrophic injury lawyer from Inkelaar Law and fighting for compensation, you can give yourself guidance and focus in this difficult time.
With the right help, you may be able to receive compensation for your pain and suffering. Call today to learn more.