They are devastating, permanent in nature and can have an enormous impact on the lives of the victims and their families. The victim may face a life of disability and dependency. An independent, vital and active person can suddenly become a burden to their family, with injuries that cannot be treated by even the most advanced medical treatments. Most victims cannot recover adequately for their injuries.
There are laws which can provide compensation for the victims of negligence that resulting in catastrophic injuries. However it is necessary to determine who is at fault. Our lawyers can help you with investigating what happened and determining if there is a basis for compensation. Each case is unique. Often, there can be several parties whose conduct played a role in the injury.
Even when the fault is known, the insurance coverage is often inadequate to provide compensation for medical care and the loss of wages. If the injury was suffered at the workplace, the employer could be held responsible to pay workers compensation that partially covers wage loss and pays most medical bills, but perhaps can not be held accountable for pain and suffering. Employers are under an obligation to provide a work environment that is safe and protected from the occurrence of accidents. But only in rare cases can the failure to do so result in liability on the part of the employer beyond payment of workers compensation benefits. Employers must adhere to Governmental and State rules regarding safety and incorporate ergonomics and proper posture techniques. Employees must be provided with adequate training.
If you need a personal injury lawyer, Anapol Schwartz is a West VA law firm on your side. Anapol Schwartz has a Wheeling, VA attorney (Barry Hill) who can compassionately handle your personal injury lawsuit.
A catastrophic injury can also be caused by motor accidents. If the accident was caused by a negligent driver, then that person can be held responsible. Again, the extent of compensation may be dependent on the existence of adequate insurance or assets to provide the basis of a recoverable legal claim. In order to protect oneself, people often purchase additional insurance coverage called Under-Insured Motorist coverage to provide additional coverage in the event of an auto accident.
In some auto accidents, the problem could be a defect in the roadway, or in the automobile itself. For example, did the airbags deploy properly, did the seat belts function properly, in the case of a roll over, did the roof prevent crush injuries -- these are all situations where a defect in the vehicleas manufacturing or design could play a roll in the injuries. In such cases, the auto manufacturer or the maker of a part of the vehicle can be held responsible.
In terms of road way safety, poorly maintained roads, messy and confusing construction signs, unclear road signage, improperly designed roads and similar problems can be the cause of a fatal accident. The Government agencies responsible for the roads and highways can be liable for damages in such cases. However, there are special rules that apply to lawsuits against government entities.
Contact our lawyers using the form for a free personal injury lawsuit consultation.
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