Some injuries are more devastating than others. A catastrophic injury generally includes severe harm that results in permanent damage. In such cases, it is not uncommon for a victim to have lifelong medical bills, costs for home modifications, and physical and emotional pain.
If you or a loved one suffered a traumatic injury due to another’s negligence, you should contact a Johnstown catastrophic injury lawyer. A personal injury attorney could sit down with you to discuss the details of your case and assess what legal rights are available to you. Together you could begin to build a lawsuit on your behalf to pursue a favorable resolution to your situation.
Time Limit on a Severe Trauma Claim
Even though a catastrophic injury may be far more significant than other kinds of harm, these cases still follow Pennsylvania’s general statute of limitations for personal injury cases. Under 42 P.S. §5524, an action for damages against the defendant must be filed within two years of the underlying incident.
If a plaintiff brought his or her lawsuit after the two-year statutory period expired, the defendant would likely raise this defense with the court. This could result in a court dismissing the action, regardless of the severity of the injuries. A seasoned lawyer understands the legal deadlines in Johnstown and could ensure a victim files his or her catastrophic injury suit within the required timeframe.
What is the Purpose of Recoverable Damages in a Catastrophic Injury Claim?
The purpose of damages is to provide financial compensation for all the losses you suffered by the defendant’s actions that caused you harm. These damages can include monetary losses, physical and emotional trauma, and in some instances, punitive damages.
Special damages, or economic damages, are the damages that can be precisely quantified and are aimed at “making the plaintiff whole.” This includes medical bills, lost wages, future lost earnings, and coverage of future long-term rehabilitation or medical attention the plaintiff may need.
How are General Damages Defined in Johnstown?
General damages, or noneconomic damages, refer to equally relevant harms that may stem from an injury but are not as readily quantifiable. Generally, these focus on psychological damage relevant to a catastrophic injury case. Pain and suffering, loss of consortium, loss of enjoyment of life, and humiliation could all be included. A catastrophic injury attorney from Johnstown may be able to help a plaintiff calculate these damages.
Punitive damages may be pursued in situations where the defendant’s actions go beyond mere negligence. These are intended to punish the defendant for acting in a particularly malicious, intentional, or reckless manner. A lawyer could discuss with a plaintiff and examine whether this extra type of damages may be applicable.
Consult with a Johnstown Catastrophic Injury Attorney Today
If you or a loved one were injured in a catastrophic accident, you might be facing significant medical bills that may be a lifelong burden. Therefore, you should consult with a Johnstown catastrophic injury lawyer to see if you are eligible to pursue financial compensation for your losses. Experienced legal counsel from Marcus & Mack could help seek a favorable outcome on your behalf. Call now.