While a physical injury is never a desirable outcome following an accident, the upside of most situations like this is that the harm you sustained—while inconvenient and expensive to deal with—will usually only be temporary in nature. Unfortunately, some accidents are severe enough to cause permanent and debilitating harm through what are known as “catastrophic injuries,” making the process of getting compensated for related losses much more complex.
If someone else’s negligence has left you with lifelong injuries, contacting a Bartlett catastrophic injury lawyer to discuss options for potential litigation should be a priority. While financial restitution might not be able to erase every negative effect of the harm you suffered, pursuing a fair settlement or civil verdict with a seasoned personal injury attorney’s help can still be vital to maximizing your overall quality of life.
Unlike many other states, Tennessee actually has a specific definition established under state law regarding what counts as a “catastrophic loss or injury.” As per Tennessee Code §29-39-102(d), an accident is only “catastrophic” if it causes one or more of the following outcomes for someone involved:
This definition is important in large part because of how it affects the total amount of compensation a civil plaintiff may demand through an ensuing civil lawsuit or settlement demand. While it is always possible to demand restitution for the full value of objective “economic” losses such as property damage and medical expenses, most people filing suit over personal injuries can only demand a maximum of $750,000 for “non-economic” forms of harm like physical pain, lost enjoyment of life, and psychological distress.
However, for victims of “catastrophic loss or injury” as defined above, this cap is raised to $1,000,000. Furthermore, as a well-practiced Bartlett catastrophic accident attorney from Reaves Law Firm, PLLC could explain, there is no cap on non-economic recovery whatsoever in situations where the defendant:
Even though catastrophic injuries last for a lifetime by definition, prospective plaintiffs still have a limited amount of time to actually file suit over them. According to TN Code §28-3-104, most people have one year maximum after sustaining injury to begin the litigation process, regardless of how long related losses will last.
This is an exceptionally short filing period compared to most other states, and failing to abide by this deadline will almost always leave a plaintiff with no means whatsoever of ever recovering for the incident in question. This is one reason among many why speaking with a proactive catastrophic injury lawyer in Bartlett soon after a serious accident is crucial.
Handling an injury serious enough to result in life-changing harm is never easy, especially if you know it only happened because of another person’s misconduct. Fortunately, you have rights in situations such as this that could allow you to demand substantial financial compensation from the person responsible for the damages you have experienced and will experience in years to come.
A Bartlett catastrophic injury lawyer at Reaves Law Firm, PLLC could review your circumstances and offer preliminary guidance about filing options during a private consultation. Schedule yours by calling today.
