Catastrophic Injury

Catastrophic Injury Law
Catastrophic injury law is similar to personal injury law in that it involves tort law. These are civil tort law claims seeking monetary damages or settlement for compensation suffered by a victim resulting in, as the name implies, a catastrophic injury. As your attorney, we must prove that the negligence, wantonness or recklessness cause the catastrophic injury.

Catastrophic Injury
A catastrophic injury is life changing, devastating and permanent in nature. Injuries classified as catastrophic result in severe disruptions or impairments to one or more bodily systems, such as the neurological, skeletal or muscular system, and they have a severe impact on the victim's life and on those of his/her loved ones. While some people may recover from catastrophic injuries suffered in an accident or exposure to toxic substances (lead paint, asbestos, toxic molds, etc.), others are permanently disabled, are subject to extreme long-term suffering, and sometimes even experience a significantly shortened lifespan.

Catastrophic injuries sometimes do not surface or are not apparent for many years (e.g., an old fracture that heals improperly can result in extremely painful bone stretching or other complicated medical procedures, long-term growth platelet issues if it's a childhood injury, and even loss of use in the affected limb). Catastrophic injuries can include traumatic head or brain injuries, brain damage, eye injuries resulting in loss of sight, loss of hearing, spinal cord injuries, accidental amputation, severe burns, severe scarring and/or disfigurement, compound or multiple fractures, severe loss of mobility, bodily system damage due to toxic exposure or lead paint poisoning, paralysis, and/or other neurological disorders.

How can a catastrophic injury attorney help me?
Seeking the advise of a qualified catastrophic injury attorney can help you or your loved one get the medical treatment needed for the best possible recovery and help you recoup the costs involved with the treatment. The attorney can also help you or your loved one recover damages for the injury sustained, if it's possible. Even if you don't have legal recourse, an attorney can best advise you on what government benefits may be available to you or your loved one and how to go about applying for them. Contact a qualified catastrophic injury lawyer now because state statutes of limitations do apply and any delay on your part could adversely affect your eligibility for a claim.

Wrongful Death

What is Wrongful Death?
Wrongful death law is an area of law that seeks to provide financial compensation to the heirs of a person whose death was caused by the negligent, willful, or wrongful act, neglect, omission, or default of another.

What laws govern wrongful death?
Each state has drafted its own set of civil "wrongful death statutes," and some form of wrongful death claim action exists in all state jurisdictions today. While they all follow similar principles, each state jurisdiction is unique, so laws will vary from state to state. There are no federal statutes for wrongful death.

Under what circmstances could a wrongful death occur?
A wrongful death could occur as a result of a variety of situations, including:

Medical malpractice that results in decedent's death.
Neglect or abuse on the part of a nursing home that results in decendent's death.
Automobile, bus, train airplane or other common carrier accident.
Occupational exposure to hazardous conditions or substances (exposure to asbestos, etc.).
Death during a supervised activity (sports tournament, field trip, etc.).

How are wrongful death lawsuits filed?
An action for wrongful death alleges that the decedent was killed as a result of the negligence (or other liability) on the defendant's part, and that the decedent's immediate family members (often called "heirs") are entitled to monetary damages as a result of the defendant's conduct. The most common heirs are surviving spouses and children, and sometimes parents. A suit for wrongful death may only be brought by the personal representative (executor) of the decedent's estate. But, actions for personal injury (survival actions), conscious pain and suffering, or expenses incurred prior to the decedent's death are also typically brought.

What damages are awarded in a wrongful death lawsuit?
Pecuniary (financial) injury is the main way damages in a wrongful death action are awarded. Courts have interpreted "pecuniary injuries" as including the loss of support, services, lost prospect of inheritance, and medical and funeral expenses. Damages also typically include interest from the date of the decedent's death. Punitive damages may also be awarded in cases of serious or malicious wrong-doing to punish the wrong-doer, and/or deter others from behaving similarly.

How are damages awarded?
Any damages awarded belong to the estate and pass as directed by the decedent's will or by state law if such things are not specified in the will.

Should I hire a Wrongful Death Attorney?
If a loved one has died after an accident or injury caused by the negligence or misconduct of another individual, company or entity, you should retain a wrongful death attorney right away. There are time limitations in filing your wrongful death lawsuit, as well as other legal implications.

Edward P. Rowan, Attorney at Law, 259 N. Jackson Street, Mobile, AL 36603, (800) 785-8755