Distinguishing Catastrophic Injuries From Other Personal Injuries
How do you distinguish a catastrophic injury from other still severe personal injuries? Our attorneys assess the impact an injury has on your ability to meet your everyday needs. Catastrophic injuries can permanently transform the way you go about day-to-day responsibilities. Some of the most common catastrophic injuries to appear in civil claims brought to Indiana's courts include the following:- Severe burns
- Amputations
- Temporary paralysis
- Permanent paralysis
- Traumatic brain injuries
Taking Action in Civil Court in Noblesville
If you want to take legal action against the person liable for your catastrophic injury, you need to do so within Indiana's personal injury statute of limitations, or Indiana Code section 34-11-2-4. Regardless of your circumstances, you have no more than two years to gather the evidence needed to meet the state's burden of proof. If you do not act within those two years, Indiana civil judges may assume that you do not wish to take legal action against a liable party. You may subsequently lose the right to do so. That said, there are some exceptions to this otherwise strict personal injury statute of limitations. Minors are often given more time to investigate their losses. You can schedule a case evaluation with an experienced lawyer to discuss the deadline applied to your case and how you can most effectively use that time.Gathering Evidence of Liability
You are not obligated to take up a civil claim against the party liable for your accident. Should you do so, though, you have an obligation to meet Indiana's burden of proof before your case moves forward. How do you meet that burden? You bring forward evidence indicating that someone else’s negligence directly contributed to the economic stress that you feel in relation to a catastrophic injury. The evidence you bring forward can take on many forms and will vary depending on the nature of your case. You can request that bystanders contribute their testimony to your losses and that expert witnesses give their opinions on the nature of your accident. You can additionally bring forward video footage, photos, and cell phone data elaborating on the nature of your accident. Fortunately, you do not have to gather evidence of someone else's catastrophic negligence on your own. Noblesville catastrophic injury attorneys can return to an accident scene while you prioritize meeting with doctors to restore your previous quality of life.Estimating Your Right to Economic Support
The primary reason catastrophic injury accident survivors and their families go to civil court after an accident is to win compensation for their losses. You have the right to damages so long as you can prove that someone else's negligence contributed to your accident. What damages can you request after a catastrophic injury? That depends both on the nature of your injury and the degree of negligence that contributed to your accident. You must bring forward evidence establishing the value of every loss you include in a catastrophic injury claim. Without that evidence, you may lose your right to demand equivalent compensation. In general, you can request both economic and non-economic damages after a catastrophic injury accident. These damages can include the following:- Long-term medical care
- Upcoming surgeries
- Pain management and mobility aids
- At-home assistance
- Restoration of damaged property
- Lost opportunities to work
- Lost wages
- Emotional distress
- Pain and suffering