Rhode Island Catastrophic Injury Lawyer

Catastrophic injuries change the way you navigate through life. When someone else’s negligence or intentionally harmful actions cause your life-altering injury, you deserve to be compensated. Our Rhode Island catastrophic injury lawyers can help you assert your legal rights and demand maximum compensation.

What Types Of Damages Are Available In Rhode Island Catastrophic Injury Claims?​

Catastrophic injuries can cause you to experience tremendous financial burdens and struggle with physical, emotional, and psychological trauma for years to come.

Fortunately, Rhode Island gives catastrophically injured accident victims the right to pursue damages to compensate for their losses.

These damages are classified as either “economic” or “non-economic.”

Economic damages are intended to relieve the financial stress and burdens associated with your catastrophic injury. When you receive a monetary award, you should be put back into the financial situation you were in before you got hurt.

Examples include:

  • Medical bills
  • Rehabilitation
  • Nursing care
  • Property damage
  • Lost wages
  • Disability
  • Reduced earning capacity

Non-economic damages are intended to compensate for the life changes and trauma you experience because you’ve suffered a catastrophic injury. They’re incredibly personal and, as a result, difficult to value.

Examples include:

  • Pain and suffering
  • Post-traumatic stress disorder
  • Physical disfigurement
  • Reduced quality of life
  • Loss of consortium
  • Inconvenience
  • Emotional distress

Our catastrophic injury attorneys in Rhode Island will fight to ensure that your damages are correctly valued. We’ll enlist the help of qualified and respected experts as we work to understand how your injuries have affected your life and how they’ll impact you in the long term. Taking the time to dig into the specific details of your story can help us secure a result that really represents what your catastrophic injury case is worth.

Is there a cap on catastrophic injury damages in Rhode Island?

There is no cap on catastrophic injury damages in Rhode Island. Juries reserve the right to award damages they feel are appropriate to compensate you for the life-altering injuries you’ve suffered.

Common Types Of Catastrophic Injuries In Rhode Island

Catastrophic injury is a term used to describe trauma that has the potential to change a person’s life permanently. While any injury has the potential to be catastrophic, certain injuries fall under the definition more often than others.

Amputation/Loss of Limbs

Amputation refers to the loss of a limb or body part, such as an arm, hand, finger, leg, or foot. An amputation can be traumatic, meaning that it is the result of a traumatic accident, such as a car accident. Alternatively, a limb can be removed surgically. Sometimes, surgical amputations are necessary when a body part becomes badly crushed or damaged in an accident.

Amputations are considered catastrophic because the victim must adapt to life without a part of their body, which can have a considerable impact on their ability to work, walk, perform daily tasks, or simply participate in activities they once enjoyed.

Burn Injuries

A burn injury occurs when the skin, underlying tissue, or muscle and bone become damaged due to exposure to heat, chemicals, or radiation. Severe burns can cause nerve damage and disfigurement and even result in amputation. Many severe burn victims suffer from excruciating pain and find that their ability to participate in their lives is compromised.

Internal Organ Damage

Internal organs, such as the heart, lungs, brain, kidneys, and liver, perform critical functions that help to keep us alive. When an internal organ is damaged as a result of violence or trauma or because the body is exposed to dangerous chemicals or toxins, it can be difficult for it to function correctly. When internal organ function is compromised, a person might experience difficulty in their everyday lives. Depending on the organ that is damaged, a victim might require around-the-clock assistance or rely on medical devices and equipment to help them breathe or regulate bodily functions.

Loss of Vision, Speech, or Hearing

Our senses play an instrumental role in our everyday lives. When our vision, speech, or hearing is impaired or lost because of a traumatic accident, it can be difficult or impossible to live life without assistance.

Spinal Cord Injury

The spinal cord is a bundle of nerves that runs from the base of the skull to the tailbone. Its primary job is to help relay messages from the brain to the rest of the body (and vice versa). When the spinal cord is damaged, the body’s ability to communicate is impaired, which can have catastrophic consequences. 

This can include paralysis, impaired respiration and breathing, inability to regulate body temperature, inability to control the bladder and bowels, and cognitive dysfunction. Many times, victims of spinal cord injuries rely heavily on medical devices, equipment, and personal care assistants in their daily lives.

Permanent Disfigurement

Disfigurement refers to permanent changes in external features and physical appearance, typically due to surgery or traumatic accidents. Permanent disfigurement can be physically disabling and cause victims to experience debilitating embarrassment and emotional distress.

Traumatic Brain Injury

Traumatic brain injuries of any degree can be catastrophic. A bump, blow, or jolt to the head can change the brain’s ability to function properly, resulting in reduced cognitive function, memory loss, speech impairment, changes in emotional state, seizures, and other debilitating issues.

Many brain injury victims struggle with the long-term consequences of their TBI. As a result, it can be challenging to maintain a job, grow a family, and perform daily tasks unassisted.

Common Causes Of Catastrophic Injuries​

At Marasco & Nesselbush, we advocate for clients who have suffered life-altering injuries as a result of:

Reach out to our Rhode Island catastrophic injury attorneys to discuss the specific details of your case. We’re always available to take your call and provide the immediate assistance you deserve.

Steps To Take Immediately After Suffering A Catastrophic Injury

Remember, coping with a catastrophic injury can be overwhelming, but you don’t have to navigate this challenging time alone.

Seek Medical Attention

  • The foremost priority after sustaining a catastrophic injury is to seek medical help immediately. Call emergency services or visit the nearest hospital without delay.
  • Ensure that you receive comprehensive medical care to stabilize your condition and prevent further complications.
  • Adhering to medical advice and treatment plans is crucial for your recovery and future well-being.

Document The Injury And Its Circumstances

  • As soon as it’s safe to do so, document the injury and the circumstances surrounding it. This includes taking photos or videos of the scene, injuries sustained, and any relevant details.
  • Gather contact information from witnesses who saw the incident or can provide pertinent information about what happened.
  • Keep copies of all medical records, bills, and reports related to the injury. These documents will be vital for establishing the extent of your injuries and the associated medical expenses.

Contact A Catastrophic Personal Injury Lawyer

  • It’s essential to contact a lawyer experienced in handling catastrophic injury cases as soon as possible. They can provide invaluable guidance and legal representation throughout the process.
  • Choose a lawyer who focuses on personal injury law and has a successful track record of handling similar cases.
  • Your catastrophic personal injury lawyer will assess the circumstances of your injury, advise you on your rights, and help determine the best course of action to pursue compensation for your losses.

Refrain From Signing Settlement Offers Without Legal Advice

  • Insurance companies or liable parties may attempt to offer a settlement soon after the injury occurs. It’s crucial not to sign any settlement offers without consulting your lawyer first.
  • Settlement offers may seem tempting, especially when facing mounting medical bills and other expenses. However, accepting a settlement without legal advice could result in receiving far less compensation than you deserve.
  • Your catastrophic personal injury lawyer will review any settlement offers, negotiate on your behalf, and ensure that you receive fair and adequate compensation for your injuries, damages, and losses.

Act Promptly To Protect Legal Rights

  • Time is of the essence when it comes to catastrophic injury cases. There are strict deadlines for filing claims and taking legal action.
  • By acting promptly and seeking legal representation early on, you can protect your legal rights and maximize your chances of securing a favorable outcome.
  • Delaying action could jeopardize your ability to obtain compensation and hold the responsible parties accountable for their negligence or wrongdoing.

 

Legal Rights And Compensation For Catastrophic Injuries In Rhode Island

In Rhode Island, as in many other jurisdictions, victims of catastrophic injuries have legal rights to seek compensation for their losses. Understanding the legal framework surrounding catastrophic injuries is essential for victims and their families to navigate the complexities of the legal system effectively.

Victims’ Rights To Compensation

Victims of catastrophic injuries have the right to pursue compensation for various damages, including medical expenses, lost income, pain and suffering, disability or disfigurement, and loss of enjoyment of life. Rhode Island law allows victims to seek compensation through personal injury claims or lawsuits against parties whose negligence or wrongful actions caused their injuries.

Concept Of Negligence

Negligence is a central concept in personal injury law, including catastrophic injury cases. It refers to the failure of a person or entity to exercise reasonable care, resulting in harm to another person.

 

To establish negligence in Rhode Island, the following elements must typically be proven:

  • Duty: The defendant owed a duty of care to the victim.
  • Breach: The defendant breached that duty by acting negligently or failing to act reasonably.
  • Causation: The defendant’s breach of duty directly caused the victim’s catastrophic injury.
  • Damages: The victim suffered actual damages, such as physical injuries, financial losses, or emotional distress.

Determining Compensation

Compensation awarded in catastrophic injury cases aims to provide victims with financial relief for their losses and hold negligent parties accountable for their actions. In Rhode Island, compensatory damages may include economic damages (e.g., medical expenses, lost wages, future medical costs) and non-economic damages (e.g., pain and suffering, emotional distress, loss of consortium).

 

Calculating compensation for catastrophic injuries involves assessing the extent of the victim’s injuries, the impact on their quality of life, and the long-term consequences of their injuries, such as permanent disability or the need for ongoing medical care.

 

Punitive damages may also be awarded in cases involving egregious negligence or intentional misconduct, serving as a deterrent and punishment for the responsible party.

Importance Of Proving Liability

Proving liability is crucial for victims seeking compensation for catastrophic injuries in Rhode Island. This requires gathering evidence, such as witness statements, medical records, expert testimony, and documentation of the accident scene, establishing the defendant’s negligence and causation.

 

Working with experienced personal injury lawyers who understand the nuances of Rhode Island’s legal system can significantly strengthen the victim’s case and improve their chances of securing damages.

Successfully proving liability not only enables victims to recover compensation for their losses but also holds negligent parties accountable and promotes safety and accountability within the community.

How Long Do I Have To File A Catastrophic Injury Claim In Rhode Island?​

You’ll have just three years to file an insurance claim or personal injury lawsuit if you’ve suffered a catastrophic injury in an accident in Rhode Island. 

The statute of limitations begins to run on the date you sustained the injury or when it’s diagnosed, whichever is later. There could be a delay in the discovery of a catastrophic injury in cases involving medical malpractice or when trauma is internal.

It’s important to meet the deadline for your catastrophic injury claim. Once the statute of limitations expires, you will give up the right to demand compensation from negligent or otherwise liable parties.

Catastrophic Injuries Resulting In Wrongful Death​

Sometimes, victims of catastrophic injuries don’t survive. In these tragic situations, family members may file a wrongful death action if the catastrophic injury was the result of another person’s negligence, default, or wrongful act.

Through a wrongful death action, the victim’s spouse, child(ren), or parent(s) can potentially recover compensation for:

  • Funeral expenses
  • Medical bills incurred prior to the victim’s death
  • Pain and suffering the victim experienced before their death
  • Monetary losses, including loss of financial support and income
  • Lost value of household services
  • Loss of companionship

Punitive damages can also be awarded if a wrongful death action goes to trial and a jury finds that the defendant’s conduct was willful or grossly negligent.

Contact A Rhode Island Catastrophic Injury Lawyer Today

You deserve time to recover from your catastrophic injury and figure out how to move forward with your life. That’s tough to do if you’re also fighting for compensation from a negligent party or an insurance company.

The experienced Rhode Island catastrophic injury lawyers at Marasco & Nesselbush are here to help.

We’ll take on your legal claim for damages, giving you the time and opportunity you need to get better.

Our team has 300+ years of combined experience handling tough personal injury cases like yours, and we’ve won over $100 million for seriously injured clients since our founding.

Call one of our Rhode Island law offices in Providence, East Providence, Warwick, Wakefield, or Woonsocket to arrange a free consultation to get started.

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