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Chattanooga Catastrophic Injury Lawyer

While every personal injury creates its own set of challenges, a catastrophic injury can have permanent, life-altering consequences for the injured person and their family. It can take years to heal and in some cases, full recovery is never achieved. The resulting physical, mental, and financial impact can be devastating.

When a catastrophic injury is caused by another’s negligent, reckless, or criminal behavior, the responsible party may be held liable for the injured person’s damages. An experienced Chattanooga catastrophic injury lawyer could help you determine the person or entity responsible for your accident and work diligently to secure any financial compensation you may be due.

What Constitutes a Catastrophic Injury?

A severe injury is generally considered catastrophic if it requires long-term medical treatment and prevents the injured person from leading a full and normal life. Catastrophic injuries can include loss of limbs, traumatic brain injuries, spinal cord injuries, third-degree burns, and sight or hearing loss. A person with catastrophic injuries will likely experience both economic and non-economic harm, for which they may seek financial compensation from the responsible party.

The state has no cap on damages for economic harm such as medical expenses and lost wages. However, for non-economic harm like pain and suffering or mental anguish, the damages a plaintiff can recover in a personal injury lawsuit are limited to $750,000. For catastrophic injuries specifically, state law raises the cap on non-economic damages to $1,000,000.

For purposes of the higher cap, state law identifies the following as catastrophic injuries:

  • Spinal cord injuries resulting in paraplegia or quadriplegia
  • The amputation of two hands, two feet, or one of each
  • Third-degree burns on at least 40 percent of the body or third-degree burns on 40 percent or more of the face

A Chattanooga lawyer could explain the unique nuances of the catastrophic injury damages cap and fight for the maximum possible amount.

Establishing Liability for a Catastrophic Injury in Tennessee

If someone’s negligence, recklessness, or criminal behavior caused the accident that resulted in catastrophic injury, the responsible party might be liable for the injured person’s damages. To prove a catastrophic injury was caused by negligence, the injured party must establish four things:

  • Duty of Care. The injured party must show the responsible party or parties owed them a duty of care. The duty of care is typically based on the parties’ relationship.
  • Breach of Duty. The injured party must show the defendant breached their duty of care.
  • Causation. The defendant’s breach of duty caused the person’s catastrophic injuries.
  • Damages. The injured person must show they suffered physical, economic, and/or emotional damages as a result of their injuries.

A Chattanooga attorney familiar with these elements could use their knowledge to present a compelling catastrophic injury claim that establishes the other party’s negligence or other wrongful behavior.

Call a Chattanooga Catastrophic Injury Attorney Today

A catastrophic injury can be life-altering, and the ongoing medical expenses, absence from work, physical pain, and mental distress can be overwhelming.

An experienced Chattanooga catastrophic injury lawyer who is familiar with the types of challenges you are facing could provide valuable guidance to help you navigate your situation. They could help you document your economic and non-economic losses and ensure that you recover the maximum compensation available under the law. Reach out today to schedule an initial review of your case and get advice on your possible next steps.

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