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Brain and spinal cord injury lawsuits, also known as catastrophic injury lawsuits, involve legal claims related to injuries sustained in accidents or incidents that affect the brain or spinal cord. These types of injuries often cause significant, lifetime complications that can alter a person’s entire physical, emotional, and financial life.
There can be variety of brain and spinal cord injuries that need further investigation.
Collisions often result in severe head or spinal trauma due to sudden impacts or whiplash.
Riders are vulnerable to brain and spinal injuries due to limited protection in crashes.
High-speed impacts frequently cause significant head injuries or spinal cord damage.
Collisions with vehicles or falls can lead to traumatic brain injuries or spinal fractures.
Being struck by a vehicle can result in serious head or spinal injuries.
Slips or falls from unsafe conditions can cause brain trauma or spinal cord damage.
Faulty equipment or machinery can result in accidents leading to head or spinal injuries.
High-impact sports can cause concussions, spinal cord injuries, or other traumatic brain injuries.
Violent attacks can lead to serious brain trauma or spinal cord damage.
Surgical errors or improper care can result in brain or spinal cord injuries due to medical malpractice.
Specific legal criteria must be met to have a valid brain and spinal cord injury lawsuit, which includes four required elements:
The plaintiff must establish that the defendant owed a duty to prevent harm, such as driving a vehicle safely or maintaining safe conditions of a property.
The plaintiff must show that the defendant breached this duty of care through negligence or wrongful conduct, such as reckless driving, unsafe property conditions, or medical errors.
There must be a direct link between the defendant’s breach of duty and the plaintiff’s injuries. This requires demonstrating that the defendant’s actions or negligence directly caused the brain or spinal cord injury.
The plaintiff must provide evidence of the injury and the damages suffered. This includes medical records, expert testimony, and other evidence of the injury’s impact on the plaintiff’s life.
The statute of limitations is the length of time you have to file a lawsuit after an accident. It can vary by state, but in Hawaii, you have two years after the date of the injury to file a brain or spinal cord injury lawsuit. There may be some exceptions to the statute of limitations if the full extent of the injuries is discovered at a later date.
Given the often catastrophic nature of brain and spinal cord injuries, clients can cover the full cost of existing and future expenses in addition to non-economic damages.
This includes medical expenses for emergency care, surgeries, rehabilitation, medications, and ongoing medical treatment as well as projected future medical expenses, full-time caretaking, assisted living expenses, and special assistive devices. Economic damages also include compensation for lost wages and future reduced earnings capacity due to the injury.
This includes compensation for the physical pain and emotional suffering, loss of enjoyment of life due to the injuries, and loss of consortium, which provides for the negative impact on the plaintiff’s personal relationships including loss of companionship and support.
If a case is particularly egregious or malicious, punitive damages may be awarded to punish the defendant and deter similar behavior. These damages are less common and require proof of intentional misconduct or gross negligence.
We understand that a catastrophic injury will profoundly change your life as well as members of your family. A lawsuit cannot reverse your injuries. However, the legal process can help you find justice and heal while ensuring you and your family are financially sound in the future. After an initial consultation, our experienced team will provide an honest assessment of whether your case has merit. If we can help, we assess all the evidence so you can receive fair compensation for the full extent of your loss.
Find quick answers to common questions about preparing for a brain and spinal cord injury consultation.
In Hawaii, you have two years after the date of the accident to file a claim. There may be some exceptions to the statute of limitations if the extent of your injuries were not immediately known.
If your accident happened in Hawaii, you need to file a lawsuit with a lawyer in Hawaii.
For catastrophic injury cases, the insurance company of the negligent party is likely to contact you and offer a settlement. You may not even know if the injury is temporary or permanent at that point, so you should not accept a settlement without discussing it with a lawyer first. An experienced lawyer can help you evaluate if it is a fair offer that represents the full economic and non-economic damages you will incur from a potentially life-changing injury.
Hawaii is a no-fault state which means if you have relevant insurance (such as auto insurance for a car accident), your insurance company pays for injuries and damage. However, in cases of severe loss, you may be eligible for compensation beyond the limits of your insurance plan.